Thursday, November 14, 2013

Business ruins couple's credit history for posting a negative review online

A cautionary tale:
For Christmas several years ago, Jen Palmer's husband ordered her a number of trinkets from the website kleargear.com. But for 30 days, Kleargear.com never sent the products so the transaction was automatically cancelled by Paypal, Jen said.

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."

But Jen says she was not always so defiant. After receiving the threat she says she was terrified. She contacted Ripoffreport.com to ask that the post be removed but Ripoffreport.com won't let her without paying $2000 she says.

Jen and her husband also disputed the ding with the credit bureaus but because Kleargear.com says the charge is valid the the ding remains.

Now as a result, Jen and her husband are amassing rejection letters from lenders as they apply for loan to buy a new car and fix their home's furnace...
Jen says she wants others to be warned: If you buy anything from kleargear.com and you don't like the product or the service they say you are contractually forbidden from telling anybody about it. If you do, expect a bill. If you don't pay the bill, expect them to ding your credit.

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