Fine your customers for leaving bad reviews!

[FB19087]

That was the end of it, Jen thought, until three years later when Jen's husband got an email from Kleargear.com demanding the post be removed or they would be fined. Kleargear.com says Jen violated a non-disparagement clause. It turns out that, hidden within the terms of sale on Kleargear.com there is a clause that reads:

"In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract prohibits you from taking any action that negatively impacts kleargear.com, its reputation, products, services, management or employees."

The clause goes on to say if a consumer violates the contract they will have 72 hours to remove your post or face a $3500 fine. If that fine is not paid, the delinquency will be reported to the nation's credit bureaus.

http://www.kutv.com/news/features/gephardt/stories/vid_474.shtml

 

[Zee]

That is so good

 

[Ron K]

Always thought there should be an "Andy's List" for business owners.

 

[Goomer]

I doubt enforcement of such a clause would hold up if challenged in court.
May be effective as a scare tactic to someone who does not know any better.

 

[Zee]

I doubt enforcement of such a clause would hold up if challenged in court.
May be effective as a scare tactic to someone who does not know any better.

I'm sure it wouldn't hold up but its still pretty hilarious!

 

[Lee Stockwell]

There was no sale, no "consideration", no contract.

Sent from my SAMSUNG-SGH-I337 using Tapatalk 2

 

[Randy Royer]

I find it unbelievable when uneducated, idiot business owners with ZERO people skills think they can make up their own law and bully customers. The customer was upset about the service they received and posted feed back which is their opinion and protected under the first amendment. Dispute what the John Gurstinks of the world would like to "think" there I no such thing as libel of a product or service. Whatever this idiot run company writes on their website not withstanding, it doesn't become a CONTRACT and even if you did have a contract with such a stupid clause there is absolutely no legal basis for a business "fining " a customer for whatever reason. Some businesses are getting upset because they fail to manage the customer's experience properly and get poor feedback. Threatening the customer is never the answer. Exhibit (A) Beaverton Grace Bible V Julie Ann Smith and/ or our very own Todd VS. the Trinity. By threatening the customer, both situations got worse. In the case of the idiot pastor that sued over goggle reviews criticizing the church and pastor, over 25,000 posted additional POOR REVIEWS after the case made national news ( CNN, FOX news, ABC, NBC etc). The pastor who filed the 1/2 million dollar lawsuit against a pissed off member lost the case and ended up having to pay over 80k in an ANTI-slam suit filed by the defendant. In Todd vs. the Trinity, the manufacturer (for lack of a better word) shot his reputation all to hell and effectively destroyed his business. Probably a couple hundred thousand dollars worth of lost sales over time. I personally know around a dozen cleaners that decided not to buy his $5,000 unit just because of that case that could have been settled for the price of a new handle. The only case nationally of this type that has prevailed was when a customer posted on YELP that a contractor stole gold coins from their home. They named the guy in their review and lost the case $700,000

 

[Steamin McFadden]

Hey Randy,
How do you know all this, are you a lawyer? Or just a real smart guy? Thanks for the post, Good stuff!

 

[Spurlington]

Always thought there should be an "Andy's List" for business owners.

I like this Andy's List idea .. I thought of something similar years ago .. my wife laughed at me .. so In forgot about it .. my idea was to list your experience with the customer .. not bash or promote .. not to cry about your inability to please the customer .. but to state factual experience .. this way the next contractor can view and decide whether or not to offer services

Ive had some lunatics in my day .. if I had known the type I was dealing with before hand, I would have had the option to pass .. Ive had customers pass a bad check .. Ive had a guy tell me in exact words, " You WILL do this for $250." after failed attempts of haggling me .. Im simply said sorry I cant help you and walked out the door. Who wants to work for him ..

If I had a site, Andy's List, I would post the experience and the next guy would think twice about taking on that customer .. the positive reviews would give the next contractor a heads up .. let them know theyre going into a quality situation ..

Having a site like that may keep unrealistic, hard to deal with, or scammer types of customers at bay .. wouldnt that be something for the unruly customer to fear a possibility of not getting someone to do the work for them based on their bad behavior ..

I know some of you know what Im talking about .. there are people out there intentionally causing problems to get over on some .. so lets get this site up and give these people something to think about .. always nice to know youre walking into a positive situation ..

 

[Spurlington]

I just remembered why the wife laughed at me .. any great customer review we post will be hunted by competitors ..

Theres a site that lists bad check writers I found .. www.yorkierescue.com/badcheck.html for that particular business .. thats a good idea .. find or start a bad check writers diary .. list your experience .. verify future customers before finalizing the booking of a job ..