Privacy   |    Financial   |    Current Events   |    Self Defense   |    Miscellaneous   |    Letters To Editor   |    About Off The Grid News   |    Off The Grid Videos   |    Weekly Radio Show

Outrageous: Company Issues Family $3,500 Fine For Posting Negative Review Online

review fineA Texas woman was fined $3,500 for writing a negative review online.

Jen Palmer’s husband ordered her a number of Christmas gifts from the website Kleargear.com several years ago, but 30 days passed and the products never arrived, and PayPal cancelled the transaction, according to Utah CBS affiliate KUTV,

She said she tried to reach someone at Kleargear to no avail and vented her frustration by writing a negative review on the website Ripoffreport.com.

“There is absolutely no way to get in touch with a physical human being,” says her review, which accuses Kleargear.com of having “horrible customer service practices.”

Three years later, Jen’s husband got an email from Kleargear.com demanding the Palmers remove the post or suffer a fine. As KUTV reported, Kleargear.com has hidden within the terms of sale 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 said if a consumer violates that contract and does not remove the post within 72 hours, the consumer will face a $3,500 fine. If the fine is not paid, the delinquency will be reported to credit bureaus.

They pledged their lives, their fortunes, and their sacred honor so that we could be free!

Jen tried to get her negative post removed, but Ripoffreport.com would not let her. After their credit was dinged, she and her husband tried to dispute the delinquency, but since Kleargear.com says the charge was valid, they’re stuck with the credit hit.

“This is fraud,” Jen told the TV station. “They’re blackmailing us for telling the truth.”

Now the Palmers cannot get a loan to fix their home’s furnace and buy a new car.

“I have the right to tell somebody else these guys ripped me off,” Jen said.

As KUTV investigated, they learned of many other negative comments about Kleargear.com on consumer complaint boards. The company got an “F” rating from the Better Business Bureau in 2010 for “not delivering products purchased online in a timely manner” but now has a “B” rating.

KUTV tried without success to call someone at Kleargear.com, but an email from an unidentified person defended the $3,500 charge, referring to the terms of sale.

Jeff Hunt, a First Amendment attorney in Salt Lake City, told KUTV he’s “never seen anything like it.”

“I think this is outrageous that a company like this would force a consumer to relinquish their First Amendment rights to speak about their product as a condition of sale,” he said, adding that he believes there is a good chance a judge would find the non-disparagement clause unconstitutional.

“I have a serious question about whether a court would enforce that kind of covenant because it’s massively over broad and against public policy,” Hunt said.

KUTV also reported that there are questions as to whether the non-disparagement clause even existed back in 2008, when Jen wrote the negative review. While Kleargear.com says it did, website archives from 2008 don’t show it.

As for the Palmers, they say they cannot afford a lawyer, but KUTV put them in touch with the credit bureau, Experian, and Jen hopes one last appeal can get their credit back in good shape.

© Copyright Off The Grid News

4 comments

  1. You would think that the contract would be null and void since the products did not arrive.

  2. And here we thought only the government could pull this kind of “stuff”.

  3. Sears Online 3rd parties do this to! Beware!

  4. Its over anyone got room in a cave…..its gotta be fluoride in water,and chems in food Ive been overseas for 15yrs im scarred.. I am coming back ussa and will try and get out before to SA..

    And FEW are awake I give about 2yrs max before total civil war it going to be ugly…but if u run for office u get to KEEP all the money tax free….in all elections…..WATCH OLD GEORGE CARLIN HE HAD AND STILL RIGHT 30YRS AGO SMART MAN WHICH I HAD SEEN IT….THERE IS NO RED WHITE BLUE…IT CORPORATE AMERIKA NO ELECTION EITHER SIDE SAME BS.. SERIOUS WATCH G. C. ANOTHE RFALSE BUBBLE CHINA EXCEPT FOR GOLD..[HEY 1 MONTH THEY BROUGHT IN MORE TONS THAN FORT KNOX….[WHICH WAS RAIDED UNDER TRICKY DICK IT S MOST LIKELY FAKE TOO] THE BAIL OUT OF WALL STREET UP COMING BAIL INS OF BANKS,,,,

    WHY ARE WE IN AFGHANSTAN TERRORIST NAW THEIR IN dc…..WELL rUSSIONS COULD ONLY PRODUCE 3200MT OF POPPIES WELL THE CIA JUMPED IN KICKED THEM OUT UNDER ANOTHER FALSE FLAG….AND 1ST yr 44000MT TO THE CROWN,,,OF ENGLAND…BIGGEST BIGGEST BUSINESS IN THE WORLD PHARMACEUTICAL DRUG’S LOOK AT ADVT IN BOOB TUBE,,,, sorry 15yrs in every police action BS…..all of it and the worlds people are tired of it guys the next 2 yrs maybe we can all hang out at kennedy estate they never saw the depression they made their money grow 3k percent,,,,FIND THE TRUTH+== FOLLOW THE MONEY not bill gates money the super elite that can buy BG ……

    PS every war police action ??? why are they not CARD CARING MEMBERS OF IMF –not some all SH was going to euros for oil, and backed by gold whops ussa cant have that another police action…i gotta leave ya before ya blow i am in the trenches feet on the ground take is over fallout coming like high tide,,,,get to higher ground with food and water,,,,,,,,I hope for all I’m SO WRONG

    we make nothing in amerika not even underwear ,again GM bail in have you seen by satellite the mid west old ww2 air bases stocked with 2009 2013 gm cars false sales…its saaaad media control…aghhhhhhhhhhhh 200 yrs all empires collapse [history] we made longer than most,,,,but the writing on the WALL if your smarter than a 5th grader,,,,

    I support the troops not the POLY TICKS

Leave a Reply

Your email address will not be published. Required fields are marked *

*