Company fines couple $3,500 for writing a negative review when their ToS says you can't write negati - Polidicks

[QUOTE=>VLN<;42893646]What I don't get, is how did they find them? They used paypal, and then the transaction was canceled. Then KleerGear comes back 2 years later to fine them? How did they "fine" them? Paypal actually released their credit infomation to KleerGear? That is pretty scary. Paypal is supposed to protect you from fraud and misuse of your credit cards.[/QUOTE] I honestly would not put anything past Paypal.

[QUOTE=FlubberNugget;42892476]would this actually hold up in court?[/QUOTE] No, because the transaction was cancelled. Thus, they are not customers, so the TOS doesn't even apply to them. Let alone it's bad shit insane.

[QUOTE=dwt110;42892520]Also the Ripoff Report website wants to charge them $2000 to get their review removed, and [B]this whole situation has fucked the couples credit scores so bad they can't take out a loan to get anything[/B].[/QUOTE] if they can prove that, and prove that the whole thing is illegal, there's precedent for a really big lawsuit.

[QUOTE=dwt110;42892520]Also the Ripoff Report website wants to charge them $2000 to get their review removed, and this whole situation has fucked the couples credit scores so bad they can't take out a loan to get anything.[/QUOTE] What. Who's getting charged the $2000 and how does it mess up their credit score?

[QUOTE=frozensoda;42898503]if they can prove that, and prove that the whole thing is illegal, there's precedent for a really big lawsuit.[/QUOTE] [QUOTE]So the Palmers contacted Ripoff Report to have the complaint removed but were told the site wouldn't take it down unless, get this, the couple paid a separate $2,000 fine. (Via Business Insider)[/QUOTE] The Ripoff report has a fitting name.

Not only did they wrongful and fraudulently billed the couple, but they sent the unpaid bill to collections thus fucking with their credit score? Holy fuck, this place screams scam.

KlearGear is an obvious giant fraud jesus this is why you use [URL="http://www.mywot.com/"]WEB OF TRUST[/URL] also this is pretty funny [QUOTE][B]Fraud[/B] In the event KlearGear determines, in its sole discretion, that an order may be fraudulent, we reserve the right to refuse or cancel any such order, for any reason, at any time, and whether or not the order has been confirmed and/or a credit card has been charged. If a credit card has already been charged for the purchase and the order is canceled, KlearGear shall issue a credit to the credit card account in the amount equal to the charge.[/QUOTE] lmao

[QUOTE=garychencool;42898622]What. Who's getting charged the $2000 and how does it mess up their credit score?[/QUOTE] the couple would have to pay $2000 to the review site if they got the review removed, but thats stupid so they arent. im only 15 so i have no idea how credit and debt works and shit but I assume its because the shitty company that is charging $3500 already charged the couple but they aren't paying, so its like having a bill and refusing to pay it. dont hurt me please

According to another [URL="http://www.techdirt.com/articles/20131113/06112425228/online-retailer-slaps-unhappy-customers-with-3500-fee-violating-non-disparagement-clause.shtml"]source[/URL] [QUOTE]According to the Internet Archive, that clause didn't exist in 2008, when Jen wrote her review, so there's no way the company can claim that charge is legitimate, even by its own shady metrics. It actually doesn't appear until June of 2012[/QUOTE] I don't see any way the company can win this.

[QUOTE=yerer;42899543]According to another [URL="http://www.techdirt.com/articles/20131113/06112425228/online-retailer-slaps-unhappy-customers-with-3500-fee-violating-non-disparagement-clause.shtml"]source[/URL] I don't see any way the company can win this.[/QUOTE] especially since that clause is insane and total bullshit, and the site is a pure scam to boot and look here [url]http://www.mywot.com/en/scorecard/kleargear.com?utm_source=addon&utm_content=warn-viewsc[/url] mountains of "its a scam" anyone with common internet sense would very much avoid this "Site"

Wait, they never actually had a successful transaction. The terms of service only relates to a consumer or someone who has actually used the product/service. It's not like if we all wrote a ton of bad reviews, that they would fine us. The couple got their transaction canceled, nothing was purchased so they are not bound by any legal status in regards to the company. If you were able to make a case out of a canceled transaction, scamming people would be very, very simple wouldn't it?

I thought that sense they didn't receive it, they have every right sense there was no 'purchase' and product delivery. Why act like they have a claim to pay.

Because scam.