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$3500 fine for negative review

PostPosted: Wed Nov 27, 2013 1:49 pm
by SciFi Chick
Un-fucking-believable, and this couple has had their credit ruined by this company for years now! This is some disgusting shit and I won't ever be shopping with this company.

Re: $3500 fine for negative review

PostPosted: Wed Nov 27, 2013 2:23 pm
by Rommie
How fawful. I hope for the victims' sakes they win.

Re: $3500 fine for negative review

PostPosted: Wed Nov 27, 2013 3:54 pm
by Sigma_Orionis
Here's some more info about it:

KlearGear Goes Into Social Media Lockdown After It Charges Customers For Posting Bad Reviews

And the BBB has a few things to say on the matter:

Kleargear fracas: BBB investigating now-infamous online retailer with Grandville address

Sounds like you hit it right in the head SFC...

The site’s attempt to shield its agents from public eye should raise a big red flag with consumers, Catlett said. There are few reasons a reputable business would need to take such steps, he said.

“When they attempt to have some degree of anonymity, that’s always a concern.”


Edited to fix link

Re: $3500 fine for negative review

PostPosted: Wed Nov 27, 2013 6:42 pm
by The Supreme Canuck
Ah, yes. The old "Terms of Use/EULA" gag. Reprehensible.

Were I a gambling man, I'd bet that within the next twenty years, we're going to see a big change in the way that these things are employed. Some court somewhere is going to decide that these "agreements" are manifestly unfair due to their mandatory nature, the unequal bargaining power between the two parties, and the fact that no one actually expects people to read the things. They're going to become unenforceable.

High time, too.

Re: $3500 fine for negative review

PostPosted: Wed Nov 27, 2013 10:42 pm
by geonuc
I thought they already were unenforceable, although you need to get a court ruling, which is a financial pain.

I note that the clause in question wasn't even on the website at the time the order was placed, so a court would certainly rule against the company even if not against the enforceability of this particular clause.

Re: $3500 fine for negative review

PostPosted: Thu Nov 28, 2013 3:35 am
by The Supreme Canuck
geonuc wrote:I thought they already were unenforceable, although you need to get a court ruling, which is a financial pain.


'Round these parts, the answer is a solid "it depends."

Helpful, right?

I note that the clause in question wasn't even on the website at the time the order was placed, so a court would certainly rule against the company even if not against the enforceability of this particular clause.


Oh. Wow. Missed that. Yep. Can't change an agreement I've already signed without my consent.

Re: $3500 fine for negative review

PostPosted: Thu Nov 28, 2013 9:35 am
by Morrolan
wow. scumbags. and major asshats.