Ever heard of Hey Dude? It’s an online shoe retailer. In the crosshairs for manipulating online reviews. They received a Sasquatch-sized fine by the Federal Trade Commission.
In the healthcare world, patients increasingly rely on online reviews to make healthcare decisions, such as who will be their doctor. Regulatory compliance in the past was an afterthought. Managing these reviews properly is critical.
Hey Dude isn’t alone.
Recent actions by the Federal Trade Commission (FTC) against businesses like Hey Dude, Inc. serve as stark reminders of the consequences of filtering out negative feedback. Colloquially known as review gating, customers (or patients) are sent a link to provide feedback. Those who provide 4 or 5 stars move on to the next ask, posting an online review. Those with 1, 2, or 3 are denied this opportunity. They may get a phone call trying to make it right. But their feedback is “gated.” It doesn’t make it online unless that person posts independently of the review generating platform.
For medical professionals, the stakes are even higher than in the shoe world. Failing to post all reviews—whether glowing or less flattering—can lead to regulatory scrutiny, damage trust, and harm your practice’s reputation. We’ll get to what CAN be done.
Hey Dude was recently charged by the FTC for suppressing negative reviews. From January 2020 to June 2022, the company filtered out over 80 percent of reviews that didn’t give four or more stars, painting a skewed picture of their product quality. The outcome? A $1.95 million settlement and a mandated overhaul of their review management practices.
The FTC made it clear: suppressing negative reviews to create a misleading representation of customer experiences violates consumer protection laws. And this isn’t just about shoes—medical professionals must take heed.
Healthcare decisions carry profound implications for patients. They trust their health and well-being to your expertise, often relying on online reviews to choose their provider. When these reviews are manipulated, it doesn’t just mislead potential patients—it can undermine the trust that is foundational to the patient-provider relationship.
For healthcare providers, regulatory bodies, including the FTC and state medical boards, increasingly scrutinize online behavior. The healthcare landscape is rapidly evolving, and staying compliant with transparency rules is not just advisable—it’s essential.
Some healthcare professionals may feel tempted to only showcase positive reviews via review gating to maintain a spotless online reputation. But here’s the catch—by doing so, you risk much more than a hit to your credibility.
Google already considers review gating a terms of use violation. Now the FTC is enforcing with teeth.
Regulatory bodies may impose heavy fines or other sanctions for deceptive practices, just as in the Hey Dude case. Patients are savvy and can sense when a review profile seems too good to be true. The absence of any negative feedback can raise suspicions and push them to seek care elsewhere. In today’s interconnected world, a reputation can be tarnished quickly. News of deceptive practices spreads fast, potentially leading to a cascade of negative publicity.
To stay on the right side of regulations and foster trust with your patients, don’t review gate. If you ask patients to give a review, don’t filter the review post-hoc. Showcasing a mix of reviews (hopefully, the vast majority are positive) demonstrates authenticity and helps potential patients make informed decisions. A negative review doesn’t have to be a setback. Use it as an opportunity to showcase your commitment to patient satisfaction. Address concerns politely and professionally, in a HIPAA compliant way, demonstrating your willingness to get it right.
You can, of course, partner with a review management service (like Medical Justice) that specializes in medical regulations and can help you navigate this complex landscape. This ensures your online presence remains compliant and trustworthy while also identifying any content that violates terms of use. And most importantly, how to look great online – to patients.
Finally, keep up with the latest rules from the FTC and state medical boards. Compliance is a moving target, and staying informed will help you avoid pitfalls. By embracing transparency, medical professionals will build trust, protect their reputations, and steer clear of the risks associated with regulatory non-compliance. Once the FTC identifies a business or medical practice as an outlier, the reputational damage will be hard to remove.
What do you think?
I am not certain what patients use online reviews to pick a doctor. I don’t. None of my friends do.
They use that old tried and true practice, they go to their friends and family. A recent facebook post by an uncle in law to my son, asked about recommendations from friends and family about a neurosurgeon. I weighed in both in a post and a private message. But this is not the first time this person or spouse has used social media to get recommendations from friends and family.
There are now so many websites showing physicians, that it is hard to discern anything as it is all noise. By the way those websites don’t appear to be updated, because long dead or long retired, (or both) physicians are still listed, and their profile is never taken down. Is it worth it trying to take those down. No. Recruiters still call after being in retirement more than a decade.
Just avoid the online reviews and your practice will just be fine. No need to risk bad reviews and FTC scrutiny, when no reviews are so much better, and easier, and less worrisome.
Hey Dude – The only way to deal with internet pollution is dilution. Medical Justice reigns supreme!
We need to point out that physicians are profoundly disallowed to comment on posts, because of health information rules by Government.
This issue should be part of the metric. We have to SUATI. (Shut up and take it).
At least a shoe company can make comments about posts against them. I still don’t think the enormous fine against them is “fitting.”
Michael M. Rosenblatt, DPM
I see some Physicians and businesses pay for or give some kind of value for the outstanding review.
Some write it out in a sign. What a great way to get nailed. Do a great job and make sure that your front office also is mindful of the image that she is presenting to patients. Yes, I know it is a challenge especially when the doctor does not hire the staff, cant train them, and can’t fire them.
There are some practical real world suggestions
Richard B Willner
The Center for Peer Review Justice