Wednesday, April 23 2014, 09:23 AM MDT
Consumer Turns Table on Online Retailer Which Fines Customers who Post Negative Reviews
(KUTV) In November, Get Gephardt reported how Jen Palmer's husband's credit score is ruined - all because Kleargear.com reported him as a deadbeat to the nation's credit bureaus. His supposed debt is a fine of $3500 that was levied against him after his wife wrote a negative review about the company.
Jen says the review, which complains about not being able to reach anyone with customer service, was accurate. But that review violated a non-disparagement clause that was buried in Kleargear.com's terms of sale, according to an earlier statement to Get Gephardt from the company.
Jen says it's been a rough not being able to get a loan to buy a new car or even finance a furnace repair for their Layton home.
"I want this off my husband's credit report," she said. "I want to not have to worry that were not going to be approve for financing."
Get Gephardt's original story has been seen by people all over the world including the Washington D.C. based Public Citizen's Litigation Group which is now representing Jen and her husband against Kleargear.com.
In a letter from Public Citizen's Litigation Group to Kleargear.com, the litigators argue that the non-disparagement clause is unconstitutional. The letter demands Kleargear.com remove the non-disparagement clause from their terms of sale permanently to protect future customers.
As for Jen and her husband, their lawyer demands Kleargear.com clear-up their besmirched credit score and also pay the Layton couple $75,000 for their hardship.
According to Scott Michelman, a staff attorney with the Public citizen litigation group, he has not yet heard a reply to the letter. The letter asks for a response by December 16, 2013. Michelmansays the U.S. Postal Service confirms the letter was delivered on November 29, 2013.
Michelman says that is Kleargear.com does not respond they will take the Palmer's case to court.
By Matt Gephardt
Produced by Stephanie Clemens
Edited by Aaron Colborn
Photography by Mike Fessler
(Copyright 2013 Sinclair Broadcasting Group)