Couple Fined For Negative Review Tell Company To Make It Right Or Get Sued

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Remember the husband and wife who were told they had to pay $3,500 and suffered credit damage after posting a negative review of a company online? Of course you do, because it’s all ridiculous for numerous reasons — all which have been pointed out in a letter from Public Citizen Litigation, which is representing Jen and John.

The least of those reasons is simply that the couple never even received the order in question. But despite that, KlearGear.com claimed that by posting a negative review of the company online, the couple violated a non-disparagement clause that it claimed was in its online Terms of Use.

But it turns out that the clause in question wasn’t even on the KlearGear site in December 2008, when John first tried to buy something on the site and when his wife subsequently posted her review.

Despite that, the company filed a complaint with credit companies, severely dinging the couples’ credit scores and making it impossible to get a loan to buy a new furnace.

Public Citizen points out in its letter to KlearGear.com [PDF] that any clause, if it had even existed at the time, would be invalid “because it constitutes unfair surprise in a take-it-or-leave-it contract, and the terms themselves… are so one-sided in their broad, restrictive impact as to oppress an innocent party”.

“KlearGear.com’s unscrupulous conduct has affected every aspect of our lives, from major financial transactions like financing a new home purchase and a car purchase, to basic needs like heat in our home,” says John. “We are fighting not only to clear my credit record and obtain compensation for our ordeal but also to make sure that no one else has to go through what we did.”

In the letter, Public Citizen demands KlearGear to contact relevant credit agencies and tell them the debt was in error, as well as compensation of $75,000 and the removal of its non-disparagement clause from its Terms of Use.

If KlearGear.com refuses these demands, the couple will file a lawsuit.

We’re happy Jen and John have received such an outpouring of support, which many of our wonderful readers have been a part of. It feels good when someone comes to the aid of a the little guy, huh?

by Mary Beth Quirk via Consumerist