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-   -   Be careful with online reviews.... (https://www.yorkietalk.com/forums/yorkie-products-reviews/270725-careful-online-reviews.html)

ladyjane 12-03-2013 07:19 AM
Be careful with online reviews....
 
Wow...now you cannot give negative reviews when companies are bad? This is seriously messed up:


Online company fines couple for negative review - CNN.com

rubymoon2072 12-03-2013 07:26 AM
wow that is really shady...why does the law not work for the consumer that was ripped off and I guess everyone better read the fine print!

ladyjane 12-03-2013 11:54 AM
You have to wonder what kind of company would have such a clause, but I know I will be paying more attention when I purchase from a new company. If I see something like that, I will not buy from them.

mimimomo 12-03-2013 12:19 PM
This is crazy! Like they say, it won't hold out in court...it's ridiculous, they (the company) should be sued for messing w/their credit!

DvlshAngel985 12-03-2013 12:38 PM
How can they be fined? There was no sale.

capt_noonie 12-03-2013 02:12 PM
I'm also left wondering how they charged them the fee.

Maximo 12-03-2013 06:37 PM
Quote:
Originally Posted by capt_noonie (Post 4356598)
I'm also left wondering how they charged them the fee.
If I understand the article correctly, the company sent the couple a bill and then reported to the credit bureaus that the couple did not pay it.

This is unbelievable and I am glad the couple is taking the company to court. It's absurd to think a company can put anything they want in their terms of use statement and then abuse the use of credit reporting.

DvlshAngel985 12-03-2013 06:46 PM
Quote:
Originally Posted by Maximo (Post 4356682)
If I understand the article correctly, the company sent the couple a bill and then reported to the credit bureaus that the couple did not pay it.

This is unbelievable and I am glad the couple is taking the company to court. It's absurd to think a company can put anything they want in their terms of use statement and then abuse the use of credit reporting.
From Article:
Quote:
Their story -- first reported by CNN's affiliate in Salt Lake City KUTV -- started in 2008 when John Palmer bought his wife Christmas gifts off KlearGear.com. The items never arrived and the Palmers said the transaction was automatically canceled.
"After 30 days, PayPal said 'Hey, there's no activity here' and they turned around and gave the money back into my husband's account and effectively canceled the sale," Jen Palmer told CNN.
Maybe I understood it wrong, but it is my understanding there was no original sale because the company KG.com CANCELLED said sale. Of which they would then have no ground on to proceed with:


Quote:
The e-mail cited an obscure non-disparagement clause in the terms of use contract that states: "Your acceptance of this sales contract prohibits you from taking any action that negatively impacts KlearGear.com."
How can the company then claim they can "fine" the couple if the company was the one that cancelled the sale? On what grounds? I understand KG sent a bill for a "fine" and then reported the "fine" to the credit bureu and a collection agency. But again I ask, on what grounds can they, (KG.com) fine the couple when the couple didn't violate any terms of their agreement. The company forfeited the sale. Why don't they fine themselves for violating the terms of the original agreement? The agreement being, Customer gives $$ to company, which company accepts in return for goods. No goods delivered, money returned with no explanation (just bad customer service), original agreement hence was broken by the company.

Maximo 12-03-2013 07:04 PM
Quote:
Originally Posted by DvlshAngel985 (Post 4356685)
From Article:


Maybe I understood it wrong, but it is my understanding there was no original sale because the company KG.com CANCELLED said sale. Of which they would then have no ground on to proceed with:




How can the company then claim they can "fine" the couple if the company was the one that cancelled the sale? On what grounds? I understand KG sent a bill for a "fine" and then reported the "fine" to the credit bureu and a collection agency. But again I ask, on what grounds can they, (KG.com) fine the couple when the couple didn't violate any terms of their agreement. The company forfeited the sale. Why don't they fine themselves for violating the terms of the original agreement? The agreement being, Customer gives $$ to company, which company accepts in return for goods. No goods delivered, money returned with no explanation (just bad customer service), original agreement hence was broken by the company.
Right, the original transaction was never completed because the company failed to deliver the goods. The bogus fine was for "disparaging" the company's reputation (by leaving a legitimate review), which was against the company's terms.

The couple said this was not part of the terms when they made the purchase. Even if it was in there, that is ridiculous. I don't see how this would stand up to any law or consumer protection thingies.

DvlshAngel985 12-03-2013 07:09 PM
Quote:
Originally Posted by Maximo (Post 4356702)
Right, the original transaction was never completed because the company failed to deliver the goods. The bogus fine was for "disparaging" the company's reputation (by leaving a legitimate review), which was against the company's terms.

The couple said this was not part of the terms when they made the purchase. Even if it was in there, that is ridiculous. I don't see how this would stand up to any law or consumer protection thingies.
But the terms only apply if and when there is a valid contract or transaction. Since the transaction was voided by the company, their terms of agreement can't apply because there was no agreement. Wasn't the agreement voided by the company when they returned the money?

Maximo 12-03-2013 07:22 PM
Quote:
Originally Posted by DvlshAngel985 (Post 4356704)
But the terms only apply if and when there is a valid contract or transaction. Since the transaction was voided by the company, their terms of agreement can't apply because there was no agreement. Wasn't the agreement voided by the company when they returned the money?
Good thinking! I agree. You should go to law school. :D

The story didn't make it clear if the company voluntarily refunded the money. PayPal refunded after 30 days of "inactivity." I wonder if the couple had to file a dispute with PayPal to get the refund.

ladyjane 12-03-2013 07:29 PM
While these people may win in court, I posted this because reading this tells me that there is a concern. I will not be doing business with any company with such a clause.

From the article:

Legal experts warn that more and more companies are adding this type of language in the fine print as protection.

"The First Amendment does not protect certain kinds of free speech and you can sign a contract giving away your free speech," according to CNN legal analyst Paul Callan.

Maximo 12-03-2013 07:36 PM
Quote:
Originally Posted by ladyjane (Post 4356719)
While these people may win in court, I posted this because reading this tells me that there is a concern. I will not be doing business with any company with such a clause.

From the article:

Legal experts warn that more and more companies are adding this type of language in the fine print as protection.

"The First Amendment does not protect certain kinds of free speech and you can sign a contract giving away your free speech," according to CNN legal analyst Paul Callan.
I agree, and thank you for heads up to read terms and conditions closely.

I still don't see how this could hold up. Any company could write into their terms that no negative reviews are allowed. That is nuts.

ladyjane 12-03-2013 09:18 PM
Quote:
Originally Posted by Maximo (Post 4356726)
I agree, and thank you for heads up to read terms and conditions closely.

I still don't see how this could hold up. Any company could write into their terms that no negative reviews are allowed. That is nuts.
It might not hold up...but here's the deal: Any company that is so paranoid about negative reviews that they must put a clause in like that, is not a company I would want to deal with.

McheleM 12-03-2013 09:58 PM
More than three years later, the Palmers received an e-mail appearing to be from KlearGear.com stating that they would be fined $3,500 if the negative review posted on ripoffreport.com wasn't taken down within 72 hours.

So KlearGear.com reported the Palmers' $3,500 unpaid fine to a collections company. After that, Jen Palmer said the couple had trouble getting approved for financing because their credit score took a huge hit.


I am wondering what the $3500.00 bill said? If it was an invoice for "disparaging remarks" or what??

Based off there not being a sale, the couple didn't agree to anything, therefore shouldn't be held to anything, not to mention, they proved the language wasn't in the sales contract they had from the original sale that was cancelled, and the language was added later.


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