Beware of customer gag clauses

Discussion in 'Free Speech Alley' started by LaSalleAve, Nov 4, 2015.

  1. LaSalleAve

    LaSalleAve when in doubt, mumble

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    if you order something online, and they have an online gag clause, and you get bad service and leave a bad review, sometimes they have a clause saying that they can charge you for your bad review if it effects their bottom line. So make sure you read the fine print when you order online.

    There are lawmakers that are tying to do something about these gag clauses but for now they are legal in all 50.
     
  2. red55

    red55 curmudgeon Staff Member

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    Who is doing this? Who has been charged and what was the charge? These online companies aren't going to hire lawyers to sue customers for a bad review. And if they use your credit card information to steal money from you, they are subject to theft and fraud charges themselves.
     
  3. LaSalleAve

    LaSalleAve when in doubt, mumble

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    It was on the news this morning. And they don't charge your card they send you a bill then if you don't pay they send you to collection and it can fuck up your credit


    http://lawprofessors.typepad.com/contractsprof_blog/2015/10/gag-clauses-in-consumer-contracts.html
     
  4. Bengal B

    Bengal B Founding Member

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    Will never work. If your name is Joe Smith and you leave a bad review under the username Ripped Off Consumer how will they know who you are?
     
  5. red55

    red55 curmudgeon Staff Member

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    I think the bad PR would fuck up their business even more. I think it is just an intimidation attempt to keep customers from writing a bad review. Has anyone actually tried to collect on this? Lawyers are licking their lips.
     
  6. LaSalleAve

    LaSalleAve when in doubt, mumble

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    Yes and they sued the company and won the lawsuit against the company but they said it was a very painful process and took a lot of work and if they weren't the type of people who are meticulous about their credit they would have been screwed. These companies bank on the fact that you will just ignore it, which a lot of people do.
     
  7. LaSalleAve

    LaSalleAve when in doubt, mumble

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    Patent vultures are kind of the same way.
     
  8. Jmg

    Jmg Veteran Member

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    Please. If they tried to do this to me it would turn out badly for them. This doesn't happen.
     
    mobius481 likes this.
  9. tirk

    tirk im the lyrical jessie james

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    this. theres no way they can control this. this is like saying you cant discuss a vehicle you bought which is 1000x more expensive than anything online. its freedom of speech and not how the market works.

    trying to scare dumb people into not giving them bad reviews methinks. ill give them a review on their non-review policy and blow that shit up.
     
  10. Jmg

    Jmg Veteran Member

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    Agreed. It's just idle threats.

    It's like I knew this girl who had bought a cable tv descrambler. Some company had the record of the purchase and emailed her and said they would sue her for stealing cable so she should pay them 500 or go to court. I told her to take the letter, shit on it, then throw in the ocean and never think about it again. But she paid, she was scared. People are so scared of litigation that will never happen.

    I stay at lots of small cheap hotel and inns and the owners tell me good reviews practically decide everything, and they beg me for a good review. And sometimes they actually do suck and they are struggling so bad they are emailing me repeatedly to leave a good review. I feel pretty good about helping the good guys and crushing the bad guys. If I leave a bad review and get a threat, I would beg them to try something. And they damn sure wouldn't.
     
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