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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