Don't want bad reviews? Just put it into your contract!
Woman gets $3,500 fine and bad credit score for writing negative review of business.
In 2009, Jen Palmer’s husband bought her some Christmas gifts from KlearGear.com. When the merchandise still hadn’t arrived a month later, PayPal closed the transaction and refunded her money.
Palmer tried to contact the company to inquire about the order, but couldn't get in touch with anyone. Frustrated, she wrote a critical review of the company on RipoffReport.com and moved on.
But as KUTV reports, KlearGear.com resurfaced three years later and has turned Palmer’s life upside down, slapping her with a $3,500 fine and reporting her to the nation’s three major credit agencies.
"This is fraud," Palmer told the station. "They're blackmailing us for telling the truth."
Here’s what happened. Tucked away in the agreement language almost no one ever reads, was a clause stating that anyone who buys something from the website agrees to never publicly criticize the website.
The exact language reads:
"In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract prohibits you from taking any action that negatively impacts kleargear.com, its reputation, products, services, management or employees."
http://news.yahoo.com/woman-gets--3...ng-negative-review-of-business-233833012.html
:thumbup::laughing:
In 2009, Jen Palmer’s husband bought her some Christmas gifts from KlearGear.com. When the merchandise still hadn’t arrived a month later, PayPal closed the transaction and refunded her money.
Palmer tried to contact the company to inquire about the order, but couldn't get in touch with anyone. Frustrated, she wrote a critical review of the company on RipoffReport.com and moved on.
But as KUTV reports, KlearGear.com resurfaced three years later and has turned Palmer’s life upside down, slapping her with a $3,500 fine and reporting her to the nation’s three major credit agencies.
"This is fraud," Palmer told the station. "They're blackmailing us for telling the truth."
Here’s what happened. Tucked away in the agreement language almost no one ever reads, was a clause stating that anyone who buys something from the website agrees to never publicly criticize the website.
The exact language reads:
"In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract prohibits you from taking any action that negatively impacts kleargear.com, its reputation, products, services, management or employees."
http://news.yahoo.com/woman-gets--3...ng-negative-review-of-business-233833012.html
:thumbup::laughing:
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14,376 Posts
If I ever read a clause like that in a sub contractors contract I likely would not use that contractor. To me it says "we're not very good at what we do".
I make all the electrons line up for their Flu shots
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36,976 Posts
I think attorneys are really swell.
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39,616 Posts
So?
I put 'acts of God' in my contracts
I'm always willing to serve as liaison explaning why God thinks they're an azzhole too!
~CS~
I put 'acts of God' in my contracts
I'm always willing to serve as liaison explaning why God thinks they're an azzhole too!
~CS~
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39,616 Posts
If PayPal closed the account and refunded her money, she never purchased anything from them and is free to do what she pleases. If they try to use the purchase agreement fine print as evidence, it won't stand up because they never delivered the product and voided the agreement.
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5,968 Posts
I agree. Furthermore they should seek tort and damages for the reports to the CRAs under the FDCPA and FCRA.
......"And we don't want anyone to know it!"
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7,976 Posts
More B.S. Try and get it.
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127 Posts
How shameful. I hope this story gets lots of press and people know all about what this company is doing.
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245 Posts
Its a shame that people would go to these lengths to protect (or try to protect) their reputation. I can only imagine what our clients would say if that was on our contract. RED FLAG- that they don't give a flip about customer satisfaction!
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