Wednesday, December 18, 2013

Lawsuit Filed in Kleargear offense - Update

KUTV, who initially broke the story, have updated.

"KlearGear has not responded to any of Get Gephardt's requests for comment since our originally story aired. In November they refused to discuss the Palmers citing privacy concerns, but defended the non-disparagement clause. In an email, an unidentified KlearGear representative wrote, "While always subject to change to promote fairness and protect the interests of both parties, for more than a decade our terms have consistently passed the scrutiny of our own in-house counsel, the Better Business Bureau, [the Federal Trade Commission's] Bureau of Consumer Protection, state attorneys general and private attorneys."

"Layton couple sues KlearGear for $3,500 negative-review charge

According to a lawsuit filed Wednesday in U.S. District Court, John Palmer ordered a desk toy and a keychain in December 2008 for his wife, Jen. The items, worth less than $20, never arrived, and KlearGear canceled the order after an email correspondence. Jen then shared her dissatisfaction with KlearGear’s service in a review on

William Franklin Bermender
In November, the couple sent KlearGear a letter demanding that their credit be restored, $75,000 in compensation and removal of the non-disparagement clause from the site’s terms of use. To date, no answer. What’s more, they’re not even sure where KlearGear is based. "There are a number of things we’ve either discovered or read about them that make us concerned about what kind of company it is," Michelman said. "Since we’ve sent the demand letter, they appear to have moved within Grandville, Mich., and both locations appear to be nothing more than a mail drop."

Michelman said that if KlearGear doesn’t show up in court, then the plaintiffs can win by default.