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We are glad you realize customers value real peer reviews when researching purchases. Customer testimonials (reviews, quotes, or videos from satisfied clients) are powerful social proof. However, the legalities and consent around using endorsements from your customers can get confusing.
Do you need permission to use customer testimonials? You may think, “It’s about my brand, so I can use it, right?” It’s not that simple. In most cases, especially when you include a customer’s name, image, or video, you do require permission. Even a short praise or review is considered user-generated content, meaning the customer holds the rights.
Using it without their consent can violate copyright or privacy laws. This guide cuts to the chase: it explains when explicit consent is required, how to ask properly, and how to stay on the right side of the FTC, GDPR, and other regulations.
Is Permission Always Required for Testimonials? Legal Considerations for Testimonials
When you collect a testimonial directly (e.g., a customer email or interview), it seems obvious for businesses to use it on their website and marketing materials. However, legal rules demand caution.
You must ask for permission to use a testimonial from the customer before using their name or likeness in a testimonial. Copying a review from Google, Yelp, Facebook, or any third-party site onto your website without consent is copyright infringement. The content technically belongs to the customer and the original platform.
Copyright infringement is when you use someone else's original work without getting their permission. That work could be anything they created, like writing, photos, videos, or even reviews.
Limited Quoting vs Full Reproduction
The "fair use" doctrine in U.S. law (and similar "fair dealing" in Australia) may allow brief excerpts (e.g., a line or two) for commentary, review, or criticism. Each country has different parameters and grounds for fair dealing, so it’s good to exercise caution.
However, copying the entire review and pasting it on your site is usually not fair use, especially if it’s used commercially.
Using a customer’s review as a testimonial to promote your business is a commercial use, which weighs against fair use.
Commercial use of the entire works without permission is a textbook case of infringement.
Just because something is posted online doesn't mean it's free to use.
In contrast, publicly posted reviews (like a Google review under your business) often come with a user license that allows the platform (and you, via embeds) to display them.
Rather than copy-pasting, use platform widgets or links.
Still, the best practice is to ask the reviewer if they mind you featuring their feedback in a new context. In short, don’t assume client testimonial permission. If there’s any question, reach out to the user or customer.
Even brief, 5-star praise may require a quick “Can we share your comment on our website?” to keep you compliant.
Best Practices for Obtaining Permission
Make it easy for customers to give consent. When requesting a testimonial, clarity and respect go a long way. Always ask politely and ensure your request is in writing. Here's how you can do it effectively:
- Ask at the right time
Strike the iron when it’s hot. A customer has the best memory and experience of a business immediately after a successful project or purchase.
So, right after that, send a friendly note thanking the customer and asking if you can publish their feedback. Include the exact quote and how you plan to use it.
- Offer a small token
Reciprocity drives cooperation. Send a thank‑you note, discount code, or free resource alongside your request to trigger the desire to give back.
Example Email:
"Hi [their name], thank you for your thoughtful feedback on our workshop today! We’re thrilled you found it valuable. As a small thank you, we’d love to offer you a 10% discount on your next booking. Would it be okay for us to feature your comment on our website? Just reply 'YES' if you're comfortable."
- Explain usage
Tell the customer where the testimonial will appear (your website, social media, ads, etc.). Transparency about usage makes them more comfortable.
- Leverage social proof
Show examples of other customers’ testimonials. People follow the crowd, so seeing others say yes makes them want to join in.
You can also mention any industry affiliation or expert who has endorsed similar feedback. Authority cues boost trust and compliance.
An example of how you can use social proof: "Many of our clients, including leaders from TechMinds and EduPro, have shared their experiences with us publicly. We'd be honoured to add your feedback alongside theirs. May we share your comment on our testimonials page?”
- Get it in writing
An email reply or a checked consent box counts as written customer testimonial permission. For instance, you might say, “We’d love to share your comments on our website, please reply ‘YES’ if that’s OK.”
Don’t forget to save all consent emails or signed forms. This protects you if a customer later changes their mind.
- Be crystal clear
State exactly which quote you’d like to use and where (website, ads, social media). Transparency reduces friction.
- Liking & Personalization
Use the customer’s name, reference specifics of their experience, and mirror their language style. People say yes to those they like and relate to.
Moreover, don’t be shy to express genuine praise! Sincere compliments increase likability and goodwill, making them more open to your request.
This is how you can frame it: "Hi [their name], it was a pleasure working with you on the project. Your insight really shaped the outcome. Your comment about our team's responsiveness meant a lot. We'd love to share that on LinkedIn. Let us know if you're comfortable with that."
- Start small
Ask for a one‑sentence quote first. Small commitments build momentum; once they’ve agreed to something minor, they’re more likely to agree to full usage.
- Frame the benefit
Emphasize how their testimonial helps others make informed decisions and how their expert opinion matters. Gain‑framing (“Your words will guide future customers”) is more compelling than loss‑framing.
- Create urgency
Mention a limited promotion or spotlight honour (“We’re featuring only five customer stories this month”). Scarcity accelerates decision‑making.
- Offer templates
Keep a library of high‑converting email and form templates that integrate these principles. Customize lightly for personalization.
Use automation. Drip sequences remind customers politely without being pushy. Combine automation with personal touches for the best results.
Example Follow-Up Sequence:
- Day 1: "Thanks for your feedback! Is it okay if we feature your quote?"
- Day 3: "Just checking in: We'd love to share your comment on our site."
- Day 7: "Last chance to be featured in this month’s spotlight testimonials! Let us know if you're in."
For broader strategies on gathering testimonials, see our Testimonial Acquisition Strategy guide.
What About Online Reviews?
If you want to repurpose reviews from Google, Yelp, Facebook, etc., as testimonials, for using customer feedback in marketing, it’s important to be careful and understand the difference between copying content and integrating it.
Reviews on platforms belong to the reviewer and the platform. So simply uploading a screenshot of the review or copy-pasting it is technically illegal, but if you use widgets or HTML embeds, that’s a legal use, as that links to the original platform and has their logos in it, and is in a style, format, and design language that the platform endorses.
- Use official embeds or plugins: Rather than copying text, use Google’s or Yelp’s embed code, or third-party widgets, to display reviews on your site. These keep the content hosted on the original platform (avoiding infringement).
- Ask for permission to quote: If you want to show a particular review on your website or social media, reach out to the customer and ask if you can feature it. They might be willing to email it to you or agree in writing that you can quote them.
- Cite and credit the source: Always credit reviews correctly. If quoting a Facebook review, for example, mention it by name (“Facebook Review”) and link back if possible.
- Social media testimonials: If a customer tags you or posts about your product publicly, you can share their post (e.g., regram on Instagram) but still notify them first. Instagram’s rules allow resharing public posts, but the best practice is to ask via DM or comment. Tag the customer to give them credit. On Twitter, retweeting is fine, but do not screenshot someone’s tweet for promotional use without permission.
In general, don’t assume permission just because feedback is out in the open. Treat online reviews and social media comments like any other testimonial. Ask for consent if you plan to reuse them in ads or on your site. For more on social media sharing, see our resource on leveraging testimonials for Instagram content.
Extra Considerations for Photo & Video Testimonial Usage Rights
Faces, voices, and likenesses are personal data, and if a testimonial involves a photo or video of the customer, it is mandatory to obtain explicit consent. By explicit, we mean you cannot rely on a broad "I accept" in site-wide terms to cover testimonial usage.
Here’s what the Right of Publicity (in the US) states:
- Every person, celebrity or not, has a right to control the commercial use of their identity (name, image, likeness, voice) under state law.
- Example: California’s Civil Code 3344 makes it unlawful to use someone’s name, voice, photo, or likeness for advertising without prior written consent, and allows the individual to sue for damages and attorneys’ fees
Use these guidelines:
- Signed release forms: Always have customers sign a Video/Image Release Form. This legal document grants you the rights to use their image, voice, and words. Specify the scope: how you’ll use the video/photo, where (website, social, ads), and for how long. Make sure they understand they’re granting usage rights.
- Detail the usage: Explain if the content will go into ads, on social media, or other campaigns. For example, “I permit [Company] to use this video on their website and in Facebook ads.”
- Digital or print consent: A signed PDF or even an email can work, but a formal release form is best. Keep a copy with your files.
- Be honest: Never script or heavily edit a testimonial. Authenticity is key as FTC rules frown on staged or misleading endorsements.
With a proper release on file, you can confidently showcase your customers on your homepage, ads, and social channels.
Compliance with Privacy Laws
Using testimonials without legal headaches means following regulations:
- FTC guidelines (USA):
The Federal Trade Commission (FTC) wants businesses to be transparent and use testimonials with genuine opinions. If you share testimonials, they must reflect real experiences. And if you’ve offered a free product, discount, or reward in return, say so clearly.
For example, use hashtags like #ad or #sponsored if the customer got a free product. These disclosures protect you from deceptive advertising claims.
- GDPR (EU) and data protection
For customers in the EU, the General Data Protection Regulation (GDPR) applies. But don't be intimidated. It’s essentially about fairness and respect. If your testimonial includes someone’s name, photo, or identifiable feedback, you’re handling personal data.
Just be open. Inform them how and where you’ll use their testimonial, and get a clear "yes."
Always tell EU customers how you’ll use their data and get a clear opt-in. Keep consent records (GDPR calls it “lawful processing”).
- Other laws
Many countries have publicity/privacy laws about using a person’s image or words. For instance, some U.S. states allow legal action if someone’s photo is used for advertising without permission. A signed release covers you under those laws.
- Disclaimers
If testimonials mention dramatic results, consider adding a disclaimer like “Results may vary.” This doesn’t dilute the message; it just sets honest expectations and keeps your brand trustworthy.
Also, if you tweak a testimonial (say, for clarity or length), ensure the original meaning is preserved. Altering a customer’s words too much can shift tone and trust.
- Platform rules
Remember, Yelp, Google, and others have their review guidelines. They often forbid copying reviews to other platforms. Check those before reposting content.
Staying compliant shows respect for privacy and builds trust with customers. It also means your glowing testimonials remain assets, not liabilities.
Ethical Considerations and Brand Trust
At its heart, asking for permission isn’t just about following the law. It’s about honouring the trust your customers place in you. When someone shares kind words, a story, or a photo, they’re offering a part of their experience. Using that without asking can feel intrusive, even hurtful.
Taking a moment to request approval shows you truly value their voice. This kind of thoughtful approach builds goodwill. Customers feel respected, acknowledged, and more connected to your brand.
And when people feel seen and valued, they’re far more likely to return, recommend, and champion what you do.
Missteps, even unintentional ones, can erode that trust. If a customer discovers their words or image were used without consent, it can feel like a breach of confidence.
They might raise concerns publicly or take legal steps. That kind of fallout isn’t just a risk to your brand; it undercuts the customer-first experience you’ve worked hard to build.
By following thoughtful permission practices, you’re doing more than protecting yourself legally. You’re investing in your reputation, nurturing trust, and making your social proof stronger and more authentic. It’s not just good marketing, it’s solid relationship-building.
Conclusion & Next Steps
In summary, you do need permission to use customer testimonials in most situations. Treat each piece of feedback – written, video, or photo – as the customer’s work.
Ask upfront, document consent, and honour any privacy concerns. This approach protects you legally and makes customers feel valued, strengthening your social proof.
Ready to streamline this process? Testimonial Donut can help. This platform automates testimonial requests. At the point of submission, there is a copy that says by submitting this review or testimonial, you are giving us permission to use your testimonial. (Note: There’s no explicit consent or consent form.)
Start using Testimonial Donut today to collect authentic customer feedback, get the permissions you need, and turn genuine reviews into powerful marketing content.
