You might want to think twice before posting any negative comments on e-commerce websites in case you are slapped with ridiculously hefty fines.
Jen Palmer from Utah decided to get the attention of Kleargear.com's authorities after the products were she ordered online in 2008 were not delivered even after a month. This also resulted in the cancellation of transaction by PayPal. Her calls too went answered by the customer service.
Palmer then finally thought of writing a negative feedback about the company's service on Ripoff Report. She also attached a copy of a letter sent to Kleargear customer service and their response. "(Our) first mistake was attempting to call them ... you can't do it," she wrote in the review. "There is absolutely no way to get in touch with a physical human being." For her the matter ended there.
Now after three years, Kleargear took a note of the feedback Palmer wrote and instead of addressing the issue they slapped a whopping fine of $3, 500 on her. According to them, she did not abide by the company's policies of not writing any negative feedback about them. This clause was buried somewhere in the sale contract, reports KUTV.
"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 read. Further, upon violation, the customer has to withdraw their feedback within 72 hours of posting.
According to Las Vegas Review-Journal, Palmer settled on taking down the feedback from Ripoff. But the review website demanded $2,000 for the removal of the comment. This resulted in crossing the given time limit by Kleargear, who fined her.
"This is fraud," Jen Palmer said. "They're blackmailing us for telling the truth. ... I have the right to tell somebody else these guys ripped me off," Palmer told the news channel.
Kleargear has not been consumers' favorite destination for online shopping. It received an F rating from Better Business Bureau in 2010 as they constantly failed in "delivering products purchased online in a timely manner." However, at present the company holds a B rating.
"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," First Amendment attorney Jeff Hunt told KUTV. "I've never seen anything like it."
The Palmers are clueless on what step to take next. They said they cannot afford to hire a lawyer and have been facing problems getting their credit record cleared. To add to their problems, the couple has been denied loans for a car and to repair the furnace of their home.
