An online retailer is being sued after fining a couple $3,500 as a punishment for posting a negative online review. The online retailer KlearGear.com now faces a lawsuit seeking damages and an end to its use of non-disparagement clauses in the fine print of sales agreement.
John Palmer purchased a desk toy and a keychain from KlearGear in December 2008. Palmer later on cancelled the order as it wasn’t shipped even after several weeks of ordering. Jennifer Palmer(John’s wife) posted a negative review in February 2009 on the website RipoffReport.com accusing KlearGear of a horrible service.
More than three years later, Palmer got an email from KlearGear demanding that the review should be removed within 72 hours or he would be fined $3,500 for violating a non-disparagement clause he allegedly agreed to. Palmer has since been denied a credit card and slow-walked for a pre-approved car loan.
Jennifer Palmer contacted RipoffReport.com to remove her post, but the website told her there’s a $2,000 charge for taking down reviews.
When the Palmers didn’t pay KlearGear $3,500 fee within 30 days, the company contacted credit bureaus, which dinged their credit score.
KlearGear removed the non-disparagement clause from its term of sale in the last couple of months but it appeared on the website as recently as August 2013. The lawsuit claimed the clause was not included in the terms of sale when the Palmer’s order was placed.