Saturday, November 16, 2013

Customer Fined $3.5K for Writing Negative Review - Update

(Newser) – A Utah woman is facing a massive fine for having the temerity to tell the Internet about a lousy shopping experience. Jen Palmer's husband bought some items for her from back in 2008. The items never arrived, Paypal canceled the transaction, and Palmer wrote a scathing review on All seemed right with the world … until three years later, when Kleargear sent her an ultimatum demanding she remove the post, or pay a $3,500 fine, she tells KUTV. "This is fraud," she says. "They're blackmailing us for telling the truth."
Kleargear says a clause in its terms of sale forbids customers from "taking any action that negatively impacts" or its reputation, and allows Kleargear to, "at its sole discretion" fine violators $3,500. Palmer, terrified, tried to remove the review—but Ripoffreport refused to take it down unless she paid them $2,000. When she didn't pay, Kleargear reported her to credit bureaus, and they haven't been able to get that ding removed. It's unclear if the terms of sale were even in force back in 2008—archives don't show them then—and Techdirt observes that, in the wake of KUTV's report, they've completely disappeared from Kleargear's site.

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Phone (866) 598-4296

Rob Key
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2885 Sanford Ave SW Suite #19886
Grandville, MI 49418 Phone (616) 965-2426 Fax (616) 965-2427
Founded in 2001 as computer products cataloger and e-commerce retailer Klearance Computer Gear, has expanded its product line to include computer-themed giftware, apparel, gadgets, and one-of-a-kind private label merchandise. We sell products we love to people just like us: programmers, I.T. professionals, technology enthusiasts, gamers, and rebels.

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"Purchased an item from and without even thinking about it clicked on a checkbox to agree to their "Terms of Service" sales agreement. They promised delivery within 10 days. After three weeks and unsuccessful attempts to contact them about my order - I cancelled the charge with my credit card company.

A few weeks later I received an email from KlearGear's legal guru "Stephen Gutman" informing me that I owed KlearGear $50 for canceling my order due to the terms of service I had agreed to. Their "Terms of Service" are buried two pages deep on their website. I then reviewed these terms and also found out that if I disparage these parasites; I will owe them an additional $3500!!!

This company is evidently in the business of providing poor service causing uninformed customers to cancel their orders and then owe 2-3 times what the garbage merchandise cost.
I repeat - STAY AWAY - BEWARE!!!