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[ NNSquad ] Fined For Posting A Negative Review Online

Fined For Posting A Negative Review Online

http://j.mp/17Ynay4  (KTVU)

    Wanting an explanation, Jen says she tried to call the company but
    could never reach anyone. So frustrated, she turned to the internet
    writing a negative review on ripoffreport.com.  "There is absolutely
    no way to get in touch with a physical human being," it says. And it
    accuses kleargear.com of having "horrible customer service practices."
    That was the end of it, Jen thought, until three years later when
    Jen's husband got an email from Kleargear.com demanding the post be
    removed or they would be fined. Kleargear.com says Jen violated a
    non-disparagement clause. It turns out that, hidden within the terms
    of sale on Kleargear.com there is a clause that 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."  The clause goes on to say if a consumer violates the
    contract they will have 72 hours to remove your post or face a $3500
    fine. If that fine is not paid, the delinquency will be reported to
    the nation's credit bureaus.  "This is fraud," Jen said. "They're
    blackmailing us for telling the truth."

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Lauren Weinstein (lauren@vortex.com): http://www.vortex.com/lauren 
Co-Founder: People For Internet Responsibility: http://www.pfir.org/pfir-info
 - Network Neutrality Squad: http://www.nnsquad.org 
 - PRIVACY Forum: http://www.vortex.com/privacy-info
Member: ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
Google+: http://google.com/+LaurenWeinstein 
Twitter: http://twitter.com/laurenweinstein
Tel: +1 (818) 225-2800 / Skype: vortex.com
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