Customer Fined $3.5K for Writing Negative Review
Kleargear says it was in her terms of sale
By Kevin Spak, Newser User
Posted Nov 14, 2013 11:09 AM CST
   (Shutterstock)

(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 Kleargear.com back in 2008. The items never arrived, Paypal canceled the transaction, and Palmer wrote a scathing review on Ripoffreport.com. 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 kleargear.com" 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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Ed Magedson
Nov 18, 2013 9:14 PM CST
Ripoff Report does not remove Reports for money… Recently it was reported in a news story, quoted incorrectly by the author of a Report, that Ripoff Report charges $2,000 to remove their Report. Nothing could be further from the truth. Here is the official response to any such allegation. This was reported on a news story about KlearGear.com On NBC in San Diego, California on or about November 11th 2013 Here is a link to that Video Story http://kutv.com/news/top-stories/stories/vid_8079.shtml No, of course Ripoff Report does not take down Reports, for any amount of money. Never has and never will. Ripoffreport.com expresses sympathy, concern, and admiration for Jen Palmer in this situation. Jen stood up and told the world about her problems with customer service from Kleargear.com. That is a service to consumers everywhere. Ripoffreport.com condemns the practice of imposing penalties on consumers who use freedom of speech to warn other consumers. This situation shows the importance of Ripoffreport.com’s uniform policy to not remove consumer complaints. Jen Palmer faces tremendous pressure to silence herself by removing the Report. Ripoffreport.com will not remove consumer complaints. It was erroneously reported that it would cost Jen Palmer $2,000 to remove her Report about Kleargear.com, because there is no such option. Ripoff Report does not remove complaints for money. There is an option to post updates to the report at no charge to anyone. For example, if Kleargear.com reconsiders its decisions, Jen Palmer could post an update to tell other consumers how the situation was resolved. This information will remain posted on the internet so that smart consumers can get good information and make informed choices. $2000 is the cost of Ripoff Report's VIP Arbitration Program - a program that removes only challenged statements of facts in a Report that are found to be to be false after presentation of evidence to an independent arbitrator. Even in this instance, the report is not removed. Only challenged statements of fact that are found to be false by the arbitrator will be (((REDACTED))). Again, to be clear, Ripoff Report will not remove Reports for money and any information to the contrary is not accurate. More importantly, this kind of activity by KlearGear.com is very troubling to Ripoff Report and it looking into the situation and to possibly help Jen Palmer. If the reported facts are true, it seems very unlikely that the penalty clause imposed by Kleargear.com would be legally enforceable. And, Kleargear.com could face serious penalties if a civil court found that Jen Palmer’s credit was damaged by inappropriate conduct. Ripoffreport.com is very interested in further developments in this situation. Ripoff Report has spent millions in legal fees over the years. We have been sued more than 80 times to try and force Ripoff Report to remove reports, spending hundreds of thousands to not remove even one Report, .. there is no way Ripoff Report would take $2,000 or any amount of money to remove a Ripoff Report. Period. It is well known in the legal community, Ripoff Report has always had a uniform policy to not remove Reports. Consumers have a first amendment right to free speech, even if that speech is less than flattering. It’s no longer just buyer beware – today, in the 21st century, it’s more so .. “seller beware”. The NBC News station in San Diego California left that part out about the $2,000 cost to remove Reports from their news story .. they know better. Jen Palmer just had the wrong information about our policy. Watch the TV News Story… http://kutv.com/news/top-stories/stories/vid_8079.shtml ED Magedson - Founder EDitor@RipoffReport.com www.ripoffreport.com RIPOFF REPORT.COM a Worldwide Consumer Reporting News Agency ..by consumers, for consumers
Darin Clements
Nov 16, 2013 1:08 PM CST
GIFTS@KLEARGEAR.COM Let 'em have it
GOFLOY
Nov 16, 2013 1:01 PM CST
The real criminals in this are the credit reporting agencies who enjoy a lot of immunity and have no concern for accurate or legitimate information. They are the modern corporate equivalent of protection rackets.