Get Gephardt
KUTV.com | Stories - Fined For Posting a Negative Review Online
Wednesday, April 23 2014, 09:23 AM MDT
Fined For Posting a Negative Review Online
(KUTV) 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 will not let her.

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.

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

Furious, Jen decided to Get Gephardt.

As we began looking into this, we quickly learned that Jen is not alone in her frustrations with Kleargear.com. There are many posts in addition to Jen's on Ripoffreport.com as well as other online consumer complaint boards. In 2010, the company was slapped with an "F rating" by the Better Business Bureau for "not delivering products purchased online in a timely manner," says the BBB's website. Kleargear.com today has a "B" rating.

When we tried calling Kleargear.com we were unsuccessful in getting through to anybody. By email, a person who did not identify him or herself defended the $3500 charge referring again to Kleargear.com's terms of sale. As for Jen being threatened - remove the post or face a fine - the company said that was not blackmail but rather a, "diligent effort to help them avoid [the fine]."

Jeff Hunt is a First Amendment attorney in Salt Lake City. We asked him to weigh in on Jen's story.

"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," Hunt said. "I've never seen anything like it."

Hunt says he thinks there is a good chance a judge would say that non-disparagement clause is 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.

As for Jen and her husband, they say they can't afford a lawyer. Get Gephardt has put her in touch with the media relations people at the credit bureau, Experian. She hopes one final appeal will get the ding removed.

There is some question as to whether or not that non-disparagement clause existed way back in 2008 when Jen wrote that negative review. Kleargear.com says it did but website archives from 2008 don't show it the clause.

Either way, 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.

By Matt Gephardt
Produced by Stephanie Clemens
Photography by Brian Morris
Edited by Aaron Colborn

CORRECTION: It was originally reported that Jen Palmer contacted RipoffReport.com to ask that the post be removed and Jen said she was told that having the post removed would cost $2000. That was not accurate. In a statement posted to Ripoff Report's Facebook page, founder ED Magedson writes, "Ripoff Report does not take down reports, for any amount of money. Never has and never will." Magedson continues: "$2000 is the cost of Ripoff Report's VIP arbitration program - a program that removes only challenged statements of facts in a report that are found to be false." Ripoff Report says it does not allow consumers to ever remove reviews. KUTV has confirmed the policy with Xcentric Ventures LLC, which operates RipoffReport.com. 

(Copyright 2013 Sinclair Broadcasting Group)Fined For Posting a Negative Review Online

News Photos & Videos - Submit Your Photos Here


More Gephardt Stories

Good Question: 'What if doctors don't have your type of blood?'
Get Gephardt: Military discount tough to claim for Vet's wife
Concert refund disappears in dead account
Good question: What's with the disturbing face on the city and county building?
Headstones delayed by Ogden monument maker
Get Gephardt: Movers destroy table, refuse to cover damage
Hidden leak costs homeowner, Insurance company refuses to help
Wallet Watch: Workers taking advantage of health care plans
Lender refuses to drop PMI
Wallet Watch: Big ticket items sitting on store shelves, Twitter ads, Seaworld shares
Major retailer refuses to honor warranty claim
Wallet Watch: Treasury department takes fake bills off streets, gas prices
Good question: Has this been a smaller fire season in Utah?
Wallet Watch: e-Cigarettes
Comcast Scam Investigation
Insurance bills for out-of-network hospitals
Late mail delivery investigation
Good Question: How did running with bulls tradition begin?
FedEx fined for drug deliveries, back to school prices rise and Utah unemployment drops further
Yellow Page scammers targeted by FTC
Airline fees, Google looks at security flaws and Microsoft announces layoffs
Comcast in damage control, automaker recalls continue and Hersheys instates a price hike
Illegible finger prints stall adoption
Citigroup pays for mortgage crisis, president pushes infrastructure projects and a new Airbus
Good Question: Why does a soccer ball bend?
Disabled woman loses benefits because of prepaid funeral plans
FTC Complaint: Amazon got rich off unauthorized in-app purchases
Woman's vehicle seized by police after bogus police report
McNeil trial witness now allegedly a deceitful contractor
RSL fans towed despite paying to park
Costly colonoscopy following a man's belly ache
Good news for job hunters and celebration cost on the rise
Arizona baseball games blacked out in Utah
Gas prices hit six year high, no guns allowed in Target and Google buys Songza
FTC seeks hundreds of millions from T-Mobile for cramming
FTC: T-Mobile made millions with bogus charges
Women's football league leaves supporters hungry, for cookies
Good Question: "Can you be arrested for not paying a debt?"
Cable company stands up customer thrice
L'Oreal's deceptive advertising, GM recalls additional vehicles and new airline threats
Kleargear ordered to pay $300k to Utah couple
Supreme Court rules against internet television streaming company
What to do when winning doesn't pay
Isolation at work, home prices jump and AT&T/DirecTV merger
Bundling delay costs consumer
Airbag recalls, Americans struggle to save and pushing for paid maternity leave
Good Question: "Why do grads wear square-caps and gowns?"
Smartphone kill switch lowers theft, Google encourages girls to code and Harley Davidson goes electric
Auto-warranty company slow to give refunds in Utah, nationwide
GM recall lawsuit, fed talks interest rates and Amazon reveilles new phone
Luggage lost for more than a year
Home construction slows, Dr. Oz testifies and tech companies target home security
Good Question "What if you leave your mail in the box?"
More GM recalls, PF Chang credit issues and Priceline merges with OpenTable
Soccer hooliganing: Scams target fans
Possible gas price spike, beer makers slow the flow and Hobby Lobby's deceptive advertising practices
Glitch shows Medicaid recipient underpaid
Frequent flier changes, Amazon's aggressive negotiations and Subway strikes deal with Keurig
Lender error leaves man with huge student loans
Utah's small business grade, smart phone wallets and Microsoft boasts games at E3
Advertise with us!

 

Pay It Forward
Fresh Living
Family Matters
Road Trippin
Hooked On Utah

Advertise with us!