Online retailer fines couple for negative review - FOX 35 News Orlando

Online retailer fines couple for negative review

Posted: Updated:
NEW YORK (MYFOXNY) -

A Utah couple faces a $3,500 fine and a tarnished credit rating after posting a negative review of an online retailer.

It all started in 2008 when John Palmer tried to buy his wife a Christmas gift from KlearGear.com. When KlearGear.com did not deliver the desk ornament and the site canceled the small transaction, Jen Palmer wrote an unflattering review on RipoffReport.com.

Nothing happened until 2012 when the site contacted the Palmers and demanded the $3,500 because of a non-disparagement clause that it said were included in the site's Terms of Use.

A consumer group that is fighting for the Palmers says that clause was actually not even on the website in 2008 and even if it had been, John Palmer did not write the negative review.

The Palmers refused to pay the fine so KlearGear.com reported the non-payment to at least one credit reporting agency. When the Palmers disputed that debt with credit reporting agencies, KlearGear.com continued to maintain that the debt was owed and also demanded payment of a $50 Dispute Fee.

The family claims that they were then denied credit for a new furnace when their old one broke. They also say they had difficulty getting a lender for a car loan in December of 2012 because of the negative report on John Palmer's credit. They say they were even denied a new credit card.

Public Citizen is the consumer group fighting on behalf of the Palmers. It is asking the company contact the credit agencies and any debt collectors related to the matter to report that they were "in error" and pay the Palmers $75,000 for their troubles. It also wants KlearGear.com to agree to not include a "non-disparagement" clause in its Terms of Use. The group says that if the company does not agree to those terms by Dec. 16, 2013, it will sue and ask for punitive damages.

KlearGear.com has not commented on the potential suit.

  • Your MoneyMore>>

  • Glamsquad app

    Hair and makeup house call

    Hair and makeup house call

    Tuesday, August 26 2014 10:27 PM EDT2014-08-27 02:27:35 GMT
    A new app is bringing the star treatment to the masses. Glamsquad delivers a hair and makeup artist to your doorstep.I invited them over to my place. Kelly did my makeup and Erin styled my mane. They helped me select a look from examples on the app and they encouraged me to tweak the looks to fit my style.
    A new app is bringing the star treatment to the masses. Glamsquad delivers a hair and makeup artist to your doorstep.I invited them over to my place. Kelly did my makeup and Erin styled my mane. They helped me select a look from examples on the app and they encouraged me to tweak the looks to fit my style.
  • Passing on your online accounts after you die

    Passing on your online accounts after you die

    Tuesday, August 26 2014 10:07 PM EDT2014-08-27 02:07:19 GMT
    Your Facebook page or email could soon be passed on in a will just like physical property. Delaware is the first state to allow heirs access to their loved ones' digital legacies. Pedram Tabibi, a social media attorney, says in many cases this can be vital information, like banking and health data. He says current terms and conditions for websites such as Apple, Amazon, and Google won't let an account get passed onto someone else.
    Your Facebook page or email could soon be passed on in a will just like physical property. Delaware is the first state to allow heirs access to their loved ones' digital legacies. Pedram Tabibi, a social media attorney, says in many cases this can be vital information, like banking and health data. He says current terms and conditions for websites such as Apple, Amazon, and Google won't let an account get passed onto someone else.
  • Potential buyer looks at Showboat Casino

    Potential buyer looks at Showboat Casino

    Tuesday, August 26 2014 3:05 PM EDT2014-08-26 19:05:43 GMT
    Caesars Entertainment is showing the soon-to-close Showboat Casino Hotel to "an interested party," but won't say who it is.Company spokesman Gary Thompson told The Associated Press that Caesars officials were showing the Showboat on Tuesday to a party that had expressed interest.
    Caesars Entertainment is showing the soon-to-close Showboat Casino Hotel to "an interested party," but won't say who it is.Company spokesman Gary Thompson told The Associated Press that Caesars officials were showing the Showboat on Tuesday to a party that had expressed interest.
Powered by WorldNow

35 Skyline Drive
Lake Mary, FL 32746

Phone: (407) 644-3535
News Tips: (866) 55-FOX35

Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | New Terms of Service What's new | Ad Choices