Texas MT's: no testimonials in advertising?

[juank243]

Did y'all know that in Texas, we are not allowed to use testimonials in our advertising AT ALL? Massage schools may do so under extremely limited circumstances. Kinda wipes out a good bit of the content we were hoping to include in our new web site(s).....

 

[Chip O]

Wow, I'd never heard of that! :shock: I'd like to see where it says that; they had never told us that when I was in school! (Unless it's a new thing.)

Practically every other type of business uses testimonials. In fact, after a long time of avoiding using them, our new website (not linked yet from here) features them, in an unobtrusive place on the home page.

Hugs,
~Jyoti

 

[IVY]

Here's the link: http://info.sos.state.tx.us/pls/pub...c=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=141&rl=7

(b) A licensee shall not use advertising that is false, misleading, or deceptive or that is not readily subject to verification. False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes advertising that:

(1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;

(2) makes a representation likely to create an unjustified expectation about the results of a health care service or procedure;

(3) compares a health care professional's services with another health care professional's services unless the comparison can be factually substantiated;

(4) contains a testimonial;

(5) causes confusion or misunderstanding as to the credentials, education, or licensure of a health care professional;

(emphasis mine)

I found out about this *quite* by accident, as I was searching the state's web site for something else and clicked on a link for the proposed new regulations and found a tidbit about them starting to allow mt schools to use testimonials. I called the boards to ask the questions I could not answer from the web site, and while I had her on the phone, I asked about the testimonials thing. I was told that because testimonials are not readily verifiable, they are not allowed. If a client wants to give their testimony to someone else themselves, that is ok, because it is going straight from them. We, however, are not supposed to use testimonials when we advertise our own services.

Stinks.

 

[bloomorningglory]

I wonder what constitutes "advertising" and what constitutes "testimonial". You'd probably have to talk to a lawyer to find out what kind of wiggle room you have on this.

 

[princess(:]

from what the lady at the board said, it's pretty much anything having to do with any "experience" of anyone other than me!

 

[CanineTruth]

Oh, was she a lawyer?

Ok, now I'm just jokin'... I wonder why that's in the law. Any insight?

 

[Leo]

FWIW, I'm no longer impressed by testimonials in general, but especially in such a subjective experience as massage.

When I wanted to buy a PiscesPro Dolphin II massage chair, one of the things that "sold" me was a testimonial that this chair is used in the Denver airport. I figured if it was sturdy enough for that kind of use, it would suit my needs well.

Post purchase, having a 2-hr layover the Denver airport, I sought out the massage venue. There is not a PiscesPro chair to be found! yet, the testimonial is still on the front page at their website, in present-tense vernacular.

A client once said of my massage, "...that was almost a spiritual experience" which deeply touched me, but to a person that just wants his rotator cuff mobile again, that probably isn't going to be a motivator to call me. Many say that the warmth of my hands is "amazing" and want to know what I used to get them so hot (it's simple friction, and it only happens like that during massage), but there have been couple of times when I've had to apologize for cold hands. If those people had read a testimonial about my hands being like "little heating pads", it might lead them to believe that the advertising was false or misleading.

With this CYA society that we live in, in order for a testimonial to be "readily verifiable" you would probably have to list their name and city in the ad, plus have an affidavit on file with the quote and permission to use it, as well as contact information. Since most people don't want to go through all of that hassle, it was easier for the powers-that-be to simply say: no testimonials.

 

[JosephWard]

FWIW, I'm no longer impressed by testimonials in general, but especially in such a subjective experience as massage.

When I wanted to buy a PiscesPro Dolphin II massage chair, one of the things that "sold" me was a testimonial that this chair is used in the Denver airport. I figured if it was sturdy enough for that kind of use, it would suit my needs well.

Post purchase, having a 2-hr layover the Denver airport, I sought out the massage venue. There is not a PiscesPro chair to be found! yet, the testimonial is still on the front page at their website, in present-tense vernacular.

A client once said of my massage, "...that was almost a spiritual experience" which deeply touched me, but to a person that just wants his rotator cuff mobile again, that probably isn't going to be a motivator to call me. Many say that the warmth of my hands is "amazing" and want to know what I used to get them so hot (it's simple friction, and it only happens like that during massage), but there have been couple of times when I've had to apologize for cold hands. If those people had read a testimonial about my hands being like "little heating pads", it might lead them to believe that the advertising was false or misleading.

With this CYA society that we live in, in order for a testimonial to be "readily verifiable" you would probably have to list their name and city in the ad, plus have an affidavit on file with the quote and permission to use it, as well as contact information. Since most people don't want to go through all of that hassle, it was easier for the powers-that-be to simply say: no testimonials.

This, exactly. And I can sure understand it.

 

[Dr House.]

So what's the legal status of Yelp reviews for massage therapists in Texas? Are you allowed to upgrade your Yelp account, etc... and wouldn't this amount to advertising with testimonials?

 

[Bloke501]

well, as of right now, the fda and drug companies are pushing a law to prevent testimonials of any kind in regards to natural health. Yup, you guess it. Massage and bodywork is in that category as any profession that isn't license by state. That means only doctor profession can use testimonials. Their focus was on natural foods in field of nutrition but they extended to natural healing methods. so people can't give testimonials that berries are good natural food to fight off joint aches and pain. Basically they are trying to take our health freedom of speech away to keep drugs as the main source that people go to when they have health problem. It's not only the state of Texas. Many good natural health companies are being bullied with illegal fines they haven't done. corruption I tell you corruption. it's all you people's fault for voting for bush.

 

[frustrator]

well, as of right now, the fda and drug companies are pushing a law to prevent testimonials of any kind in regards to natural health. Yup, you guess it. Massage and bodywork is in that category as any profession that isn't license by state. That means only doctor profession can use testimonials. Their focus was on natural foods in field of nutrition but they extended to natural healing methods. so people can't give testimonials that berries are good natural food to fight off joint aches and pain. Basically they are trying to take our health freedom of speech away to keep drugs as the main source that people go to when they have health problem. It's not only the state of Texas. Many good natural health companies are being bullied with illegal fines they haven't done. corruption I tell you corruption. it's all you people's fault for voting for bush.

You're probably right on that one, sillypup. What can we do now about it? Any suggestions?

 

[Babak Kratosbbm]

So what's the legal status of Yelp reviews for massage therapists in Texas? Are you allowed to upgrade your Yelp account, etc... and wouldn't this amount to advertising with testimonials?

What the heck is Yelp?

 

[saved1986]

well, as of right now, the fda and drug companies are pushing a law to prevent testimonials of any kind in regards to natural health. Yup, you guess it. Massage and bodywork is in that category as any profession that isn't license by state. That means only doctor profession can use testimonials. Their focus was on natural foods in field of nutrition but they extended to natural healing methods. so people can't give testimonials that berries are good natural food to fight off joint aches and pain. Basically they are trying to take our health freedom of speech away to keep drugs as the main source that people go to when they have health problem. It's not only the state of Texas. Many good natural health companies are being bullied with illegal fines they haven't done. corruption I tell you corruption. it's all you people's fault for voting for bush.

Do you have any sources of information that backs this up? I'd be interested in reading it.

 

[lois r]

Testimonials

Extremely interesting subject. Your website is advertising. And testimonials ( I prefer recommendations) are a huge part of "social proof." On the other hand I'm just as turned off by any statement signed " M Smith, Tampa, Fa.

I always thought it looked made up. Full names, even better with photo's and even better if they have their own website listed under their words. It's good to have them sign a waiver allowing you to use their words and image.

You can have a form ready after their massage and snap a photo and get their remarks and signature on the spot.

I'm hoping this was all just a half baked attempt to eliminate bogus claims.
Michael

 

[adriaannnaaaa!]

Testimonials

Extremely interesting subject. Your website is advertising. And testimonials ( I prefer recommendations) are a huge part of "social proof." On the other hand I'm just as turned off by any statement signed " M Smith, Tampa, Fa.

I always thought it looked made up. Full names, even better with photo's and even better if they have their own website listed under their words. It's good to have them sign a waiver allowing you to use their words and image.

You can have a form ready after their massage and snap a photo and get their remarks and signature on the spot.

I'm hoping this was all just a half baked attempt to eliminate bogus claims.
Michael

Yeah, another MT and I were talking about this recently- she didn't know about it, and she's been in business for over 4 years! They certainly don't "advertise" this info very well! We were not told this in school, either.

Anyway, what I told the other MT I was thinking was that even if WE can't "repeat" what others may say about us, THEY certainly CAN. Why not make it a point to trade links with our clients (who are willing/able to do so), and ask them to put up their testimonial on THEIR web site? "I got the BEST massage by , lemme tellya how it went..."

Not everyone will have a web site to do this with, but maybe enough will...

Dh volunteers his time every few weeks to go work on a couple of horses (ponies) at a local therapeutic riding center that gives its lessons to disabled kids free of charge. The guy was asking if we wanted a testimonial from him- that's what gave me the idea. We might not be able to put his words on OUR web site, but HE can put them on HIS- and they'll have WAY more credibility there anyway! (especially since dh has now worked on the fellow himself.)

 

[jramy.kiki]

I just thought of something interesting, what about blogs ? A blog is nothing more than peoples thoughts and opinions on any given subject, product or service.

And since you should have a Wordpress blog about massage with a link to your site , you should also have a link from your site to the blog. There's no way the state of Texas can outlaw blogs....that just won't happen.

Michael

 

[.:Jes:.]

I just thought of something interesting, what about blogs ? A blog is nothing more than peoples thoughts and opinions on any given subject, product or service.

And since you should have a Wordpress blog about massage with a link to your site , you should also have a link from your site to the blog. There's no way the state of Texas can outlaw blogs....that just won't happen.

Michael

That's how we get around it up here (we have the same law as texas-go figure)

 

[I Love Fun]

I just thought of something interesting, what about blogs ? A blog is nothing more than peoples thoughts and opinions on any given subject, product or service.

And since you should have a Wordpress blog about massage with a link to your site , you should also have a link from your site to the blog. There's no way the state of Texas can outlaw blogs....that just won't happen.

Michael

That's how we get around it up here

 

[C. Jean - Muttlvr]

I just thought of something interesting, what about blogs ? A blog is nothing more than peoples thoughts and opinions on any given subject, product or service.

And since you should have a Wordpress blog about massage with a link to your site , you should also have a link from your site to the blog. There's no way the state of Texas can outlaw blogs....that just won't happen.

Michael

Mmmm, and I'm reminded of the part of a newscast I blipped by the other night about some sports character (I don't watch ANY sports, EVER, so I have no clue who this was about, or what team). Anyway, apparently this fellow got in trouble by posting something inappropriate on a blog somewhere.

I'd actually thought about doing that, but then I noticed that blurb, and re-thought it....