HB 5560, An Act Prohibiting Certain Conduct Concerning Reviews Of Businesses, Consumer Goods And Consumer Services

TESTIMONY OF THE CONNECTICUT HOSPITAL ASSOCIATION
SUBMITTED TO THE GENERAL LAW COMMITTEE

Wednesday, March 12, 2025

The Connecticut Hospital Association (CHA) appreciates this opportunity to submit testimony concerning HB 5560, An Act Prohibiting Certain Conduct Concerning Reviews Of Business, Consumer Goods And Consumer Services. CHA has concerns about the bill, as drafted.

Connecticut hospitals and health systems care for patients, strengthen the state’s economy, and support vulnerable communities across the state. Every day, they work to improve healthcare access, affordability, and health equity. Even as they face ongoing challenges, hospitals provide world-class care to everyone who walks through their doors, regardless of their ability to pay. Hospitals also support an exemplary workforce as the largest collective employer in the state, contribute significantly to the state’s economy, and invest in their communities addressing social drivers of health.

HB 5560 seeks to make certain types of advertising, reviews, or testimonials illegal as unfair trade practices. The bill generally prohibits a communication to consumers if it “materially misrepresents, expressly or implicitly” facts or circumstances about a reviewer or person giving a testimonial.

Commercial speech is protected speech. State law should not go beyond what is necessary to protect consumers from false advertising or fraud and step into controlling speech.

If there are gaps in Connecticut’s laws about false and misleading advertising, those should be identified and carefully addressed in a manner that does not create the unintended consequences of HB 5560. Any prohibitions of commercial speech must be carefully tailored.

HB 5560 prohibits a review or testimonial from implying that a review or person giving a testimonial exists if the person does not, in fact, exist. Essentially, it prohibits fabricated reviews or testimonials from made-up people designed to fool consumers. That threshold seems reasonable and clear.

After that threshold, however, the bill contains provisions that generally are not clear.

HB 5560 prohibits a review or testimonial that implies a person had personal use or experience with a good or service if they did not. That threshold could be used to prohibit, for example, an adult child of an elderly parent who had great care (or was disappointed in care) at a particular independent living community from expressing their support for or criticism of the facility without using legalese or disclaimers clarifying that their parent — and not themselves personally — had experienced the care or food.

There are infinite similar examples of how the rule would be too strict. Under the bill, the following hypothetical reviews would likely be illegal if written by someone other than the person who directly used or experienced a good or service, for example, based on second hand or peripheral knowledge:

  • “Happy Acres Independent Living Facility was terrible — disappointed in the staff and food !”
  • “ABC Hospital emergency department did a great job — the staff, nurses and doctors were incredible!”
  • “You can trust Lisa’s dog sitting service; Lisa is great!”

The following are additional concerns we have on the uncertainty of and problematic prohibitions in HB 5560:

  • HB 5560 prohibits a business from deleting or curating reviews or testimonials unless the reason for a deletion met the strict legislative standards found in lines 160-182. Under those mandates, it appears that a business could not delete a post that said a competitor’s business was better. They’d have to leave that post on their own website or social media site unless the post also, for example, used profanity.
  • HB 5560 also provides for myriad other strict controls on speech in the bill relating to the use of the internet, family members of business owners or managers, solicitation of a consumer review, and celebrity testimonials.

CHA would be happy to work with the committee on identifying and addressing those gaps.

Thank you for your consideration of our position. For additional information, contact CHA Government Relations at (203) 294-7301.