How to Legally Use Customer Testimonials in Your Digital Product Marketing

Customer testimonials are one of the most powerful tools in your marketing toolkit. Whether you sell online courses, digital downloads, or software, hearing from satisfied customers builds trust and boosts conversions. But while testimonials can add credibility to your brand, using them without understanding the legal requirements can put your business at risk.

In this guide, we’ll walk you through the legal use of testimonials for digital products, including how to get proper consent, comply with FTC rules, and avoid common pitfalls that could lead to legal trouble. Let’s dive in.

Why Testimonials Matter for Digital Product Sales

Before we get into the legalities, it’s worth understanding why testimonials are so effective for digital product businesses:

Builds Trust: Prospective customers are more likely to purchase when they see real people have had positive experiences with your product.
Validates Your Claims: Testimonials can reinforce the benefits you claim, like improved productivity or increased income.
Reduces Buyer Hesitation: Social proof helps overcome skepticism and fear of wasting money on a product that doesn’t deliver.

For example, if you sell a digital course on freelance writing, a testimonial from a past student who landed high-paying clients after taking your course can motivate others to enroll. However, without proper legal steps, that same testimonial could become a liability.

Legal Risks of Using Testimonials Without Consent

Using someone’s testimonial without permission can lead to serious legal issues. Even if the customer gave you glowing feedback, you can’t just copy and paste their comments into your sales page or email marketing without consent.

Here’s what can go wrong:

Privacy Violations: Sharing someone’s name, photo, or personal experience without their permission may violate privacy laws.
Defamation Claims: If a testimonial misrepresents what someone said or associates them with your brand in a misleading way, you could be accused of defamation.
False Advertising: If a testimonial makes exaggerated claims and there’s no disclaimer, you could be held liable for misleading advertising.

To avoid these risks, it’s essential to follow best practices for the legal use of testimonials for digital products.

How to Get Proper Permission: Disclaimers and Written Consent

Before you use a testimonial in your marketing—on your website, social media, or email campaigns—get written permission. A verbal “go ahead” is not enough. Here’s how to do it the right way:

1. Request Written Consent

Ask your customers if they’re willing to share a testimonial, and make sure to get their permission in writing. This can be as simple as an email reply or a signed release form. The written consent should clearly state:

That they agree to have their testimonial used publicly
How and where the testimonial will be used (e.g., website, ads, social media)
Whether their name, photo, or other identifying information will be included

Example consent language:

“I give [Your Business Name] permission to use my testimonial, along with my name and photo, for marketing purposes on their website, social media, and promotional materials.”

2. Use a Testimonial Release Form

You can create a simple testimonial release form that customers sign digitally. This gives you a clear record of their permission and demonstrates that you’re handling their information responsibly.

Looking for a customizable template? Check out our resource on [INTERNAL: testimonial release form template].

3. Include Disclaimers

If a testimonial includes specific results (like “I made $10k after buying this course”), you must include a disclaimer stating that individual results may vary. This protects you from claims of false advertising and sets realistic expectations for your audience.

Example disclaimer:

“These results are not typical and may vary based on individual effort and market conditions.”

Disclaimers are especially important when selling digital products related to money, health, or personal development.

Complying With FTC Guidelines When Sharing Testimonials

The U.S. Federal Trade Commission (FTC) has clear guidelines for endorsements and testimonials in advertising. Whether you're a solopreneur or run a larger operation, you are legally required to follow these rules.

Key FTC Requirements:

Truthful and Accurate: Testimonials must reflect the honest opinions and experiences of real customers. Fabricated or exaggerated reviews are illegal.
Typical Results Disclosure: If a testimonial shows exceptional results, you must disclose what the typical user can expect.
Material Connections: If the person giving the testimonial received a free product, affiliate compensation, or other benefit, you must clearly disclose that relationship.

For example, if you give a free copy of your digital course to an influencer in exchange for a testimonial, you must disclose that they received the product for free. Hiding this connection can lead to hefty fines.

Where and How to Disclose

Disclosures must be:

Clear and Conspicuous: Don’t bury them in the fine print. Place them near the testimonial or endorsement.
In Plain Language: Avoid legal jargon. Use simple phrases like “Paid partnership” or “This customer received a free product in exchange for their review.”

For more guidance, review the FTC's Endorsement Guides.

Following these rules not only keeps you compliant but also builds credibility with your audience.

Conclusion

Testimonials are a powerful way to market your digital products—but they must be used responsibly. By securing written consent, including proper disclaimers, and complying with FTC rules, you can legally share authentic customer experiences without risking your business’s reputation or facing legal consequences.

Taking these steps also shows your audience that you run a transparent and trustworthy brand. That trust can translate into more sales, stronger customer relationships, and long-term business growth.

Key Takeaways

Testimonials can significantly improve your digital product sales, but they must be used legally and ethically.
Always obtain written permission before sharing a customer’s testimonial, name, or photo.
Use disclaimers when testimonials include specific results or claims.
Follow the FTC’s endorsement guidelines to avoid fines and maintain transparency.
Use a testimonial release form and keep records of all permissions.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. For specific legal guidance, please consult a licensed attorney.

Need legal info for your country?