Trash Talking Politely | Law No. 24 | JRCMO Laws & Principles
Trash Talking Politely
Never name or insult a competitor. Describe what the category does by default, and let the buyer see where you're different.
The fastest way to lose a buyer is to insult the company they just left.
Trash Talking Politely is Law No. 24 of the JRCMO Laws & Principles, from fractional CMO Joshua Ramsey. It says you never name or insult a competitor. Instead, you describe the default behavior of your whole category as a neutral fact, then show where you're different, so the buyer reaches the conclusion on their own. It works because buyers defend their past decisions when attacked, but they judge fairly when they're simply shown a contrast. General statements of superiority are usually treated as puffery rather than factual claims, while specific, measurable claims about a named competitor carry legal risk.
Describe the category. Never name the company.
Let the buyer draw the conclusion. They believe what they figure out more than anything you tell them.
What this law actually says
Three rules: no names, no insults, no numbers about anyone else. You describe what the category does by default as a plain fact, and you put your difference right next to it.
Three moves you can reuse:
- The only move. "The only fractional CMO who shows you the strategy before you hire." A position, not a statistic.
- The category default. "Most [category] do X by default. You get Y." Neutral, true, and hard to argue with.
- The structural tell. Point to how the competitor's business model works, not to who they are. "An agency gets paid to run ads. A CMO gets paid when the ads pay off."
Courts have generally treated broad boasts as puffery, not as factual claims. "Better Ingredients. Better Pizza." was famously ruled puffery in Pizza Hut v. Papa John's (5th Cir. 2000). What gets businesses in trouble is a specific, measurable claim about someone else that they can't prove. This isn't legal advice. Run any direct comparison past your attorney.
The Polite Jab Check
Enter the competitors buyers compare you to, then paste the line you want to use. The check flags names, insults and numbers about others, and tells you whether the line is polite. A rough example is loaded. Nothing is stored or sent anywhere.
This checks wording only. It isn't legal advice. Have your attorney review any comparison that names a competitor or cites numbers.
Name-calling makes the buyer defend their last decision
The buyer you're talking to probably hired one of those competitors before. When you insult that company, you're telling the buyer they made a bad choice. Most people respond by defending it, and you become the one who sounds unprofessional.
Naming a competitor also hands them free awareness, and a specific claim about them that you can't prove opens a legal risk you never needed to take.
Why smart people keep doing it
Because the competitor really is worse.
Maybe they are. But proving it by name costs you trust and risk. Describing the category gets the same result with neither.
Because comparison ads work for big brands.
Big brands have legal teams and the budget to fight back. A small business naming a local competitor usually just starts a feud.
Because frustration leaks into copy.
When you've cleaned up after a bad provider for the tenth time, it shows. Write the angry version, then keep only the facts.
Because "everyone else" feels too vague.
It isn't. Buyers already know what the category does by default. Name the default and they fill in the names themselves.
How to trash talk politely
- Write the category default as a neutral fact. What do most providers in your space do by default that buyers don't like?
- Put your difference right next to it. Same sentence or the next one, so the contrast does the work.
- Strip every name, insult and number about anyone else. Keep superiority as a position, not a statistic.
- Make the buyer the subject. End on what they get, not on what the other guys do wrong.
The Blind Spot Brain rewrites your competitive lines using the three polite moves and flags anything that needs an attorney's review.
Rather talk it through? Call 214.466.8332.
Common questions
Is it legal to compare yourself to competitors?
Comparative advertising is generally allowed in the U.S. when claims are truthful and can be supported. Specific, measurable claims about a named competitor carry the most risk. This isn't legal advice. Check with your attorney.
What is puffery?
Puffery is a general boast, like "better pizza", that no reasonable buyer would take as a measurable fact. Courts have generally treated it differently from specific factual claims.
Can I ever mention a competitor by name?
This law says don't. Describing the category default gets the contrast across without the legal exposure or the buyer's defensiveness.
What is a category default?
It's what most providers in your space do as standard practice, such as long retainers, traffic reports instead of revenue, or no callback for days. Name it as a fact and show your difference.
