Site Will Fine You for Even Threatening a Bad Review sued over 'unenforceable' terms of sale
By Arden Dier, Newser Staff
Posted Aug 28, 2014 8:51 AM CDT
Updated Aug 31, 2014 12:02 PM CDT
An order for an iPhone case went awry for a woman in Wisconsin.   (Shutterstock)

(Newser) – You think fining people $500 for a crummy hotel review is bad? will take $250 from your pocket if you even threaten to leave a less-than-stellar review. Customers "agree not to file any complaint, chargeback, claim, dispute, or make ... any public statement regarding the order," or threaten to do so, within a 90-day period after their order, or they'll be fined the $250 "plus any additional fees [and] damages," according to the site's terms of sale, spotted by Consumerist. That's right: Tell the website you'll post about a late order on Facebook—even if you don't actually do it—and you're out hundreds of dollars.

One Wisconsin customer, however, is fighting the fine. Cindy Cox was fined after informing the retailer she'd be requesting a chargeback when an iPhone case she ordered didn't seem to have shipped after the retailer said it had. When she refused to pay the fine, the retailer sent it to a collections agency and allegedly informed her, "This will put a negative mark on your credit for seven years and will also result in calls to your home and/or work." The site allegedly added, per Ars Technica, "You are playing games with the wrong people." Cox wasn't deterred. She filed a suit, which notes the "terms are unenforceable, both because they are unconscionable as a matter of law and because [the plaintiff] never agreed to them." Consumerist adds that, as far as it can tell, at no point during the purchase process are the site's terms even mentioned. (Click to read about a customer who was fined $3,500 three years after complaining online about an order that never arrived.)

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Showing 3 of 73 comments
Sep 2, 2014 6:07 AM CDT
Say nothing to them and post a bad review anonymously. Who cares about their stupid agreements? So corporations are people now and have rights and privileges above and beyond real people but none of the responsibilities. Screw them.
Sep 2, 2014 5:15 AM CDT
So, what's the problem? Don't say anything to them. Mark your calendar 91 days from now, and then leave a bad review to end all bad reviews....
Ezekiel 25:17
Aug 31, 2014 11:24 AM CDT
This is why you avoid these crappy fly-by-night "Crazy Eddie" type retailers and stick with Amazon. I once had an item they totally lost and there was no argument, they refunded my money and said, "Sorry, if the item shows up, its a gift to you." Another item they shipped wound up in another state at a totally different named town. I could partly understand if the town had the same name. They quickly refunded the whole amount and then dealt with the rest. In that case I did more research and found the item at Home Depot on clearance.