FCRA. They have rights, they can avail themselves of. I’ve used it myself. I don’t know what they’ve tried or not tried, but I’ve gotten nonsense crap wiped from my report before. It’s no where near as bad as DMCA. At least with credit agencies if they act in bad faith, it’s possible to recover damages even when you owe the debt.
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But wait, there’s more…
from a comment on another article site:
Up until recently they also had a "Chargeback and Dispute Policy" clause where they would fine you $550, send you to a collections agency, and add you to the badcustomers.com blacklist (since shutdown as a scam by the FTC in 2011) if you attempted to get your credit card to stop payment on an item in dispute. The badcustomers.com threat was in the T&C as recently as August 2013, even though the site hasn't existed for 2 years.
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Absolutely right - that’s why I said possible, but a pain. Many Americans don’t know what the FCRA is. Many Americans can’t even draft a business letter. And proving bad faith is very, very hard, even for a crack attorney.
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Was the company not notified by a credit agency with an explanation of the disputed charge which they proceeded to rebuke despite being made aware of the “error”? I fail to see how they can persist without mens rea. Maybe I’m just not cut out for lawyer logic. In exchange for reading the rest of this sentence, you extend to me the indefinite option to take permanent legal custody of your firstborn child.
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Although you may think that Kleargear.com eats assberries for breakfast, it is absolutely not true! That’s just an impression you got of them b/c of their behavior in this situation.
Also, though you may think that prior censorship of bad reviews is rather fascist of Kleargear.com, I am pretty sure they are NOT fascists. They may SMELL like fascists, but I don’t think we should jump to conclusions.
edit: apparently my sarcasm was too effective: To be clear, I find nothing redeeming about kleargear. This is the kind of behavior that happens when your country is turning into a corporatocracy.
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This will lead to a variation of the Streisand Effect: company enacts policy to try and thwart bad press, results in waaaaayyyy more bad press than they could have imagined.
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InigoMontoya.jpeg
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I’m not giving you the option. Come and get it or I’ll sue. I’ll expect you to pick up all the costs of care. Also, you can save yourself a stamp by giving me the dollar when you see me. By reading any of the previous sentences in this reply you claim that you have a monkey’s butt.
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Let’s just say the starting cost is $3500. The savvy customer could hire a collections or recovery agency and go after the company for far less than $3500. The company would then be responsible to pay up or litigate. The customer never received the goods. Unless the company can produce a complete tracking history and prove the customer’s deceit, the customer would be due their refund for the $ value of the goods, or the goods. Don’t just sit back and take it up the rear when you can stick it right back in their eye faster than they can spit a nail into a bucket. Take 'em to the cleaners!
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According to the reference web page, she wasn’t the one who purchased things from there, her husband did. So when did she “agree” to anything with them?
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THIS. The fact that she wasn’t party to any agreement with the company is the critical factor. Even if her husband agreed, she did not.
It doesn’t matter if she agreed or not. It is a flatly illegal. The US has a lot of shitty laws, but outside of copyright and to a lesser extent public protesting, its freedom of speech protection are basically the best in the world. It is nearly impossible to win a libel or slander case in the US, and that freedom of speech is something that has been deemed something you can’t contract away, and certainly not with a freaking EULA.
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Fuck these fucking fucks.
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I agree. This is one instance where the asshattery just cries for a lawsuit.
Even if the woman can’t afford a litigation attorney, I can’t believe there isn’t one who wouldn’t take on this challenge. I can think of a couple of ways to work it, first and foremost would be to name Kleargear and the reporting agencies that provided the poor credit rating.
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RICO, fraud… a bad review is the least of their worries.
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Ken over at Popehat, who is a lawyer, but not their lawyer, just calls it fraud.
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I just went to see if there is a customer feedback on their site, so I could send them a nice message.
There is no such thing.
But … I have noticed strange thing at the bottom of their homepage. They use NBC, Popular Science and other logos there, with words “as seen on …”. Shouldn’t we report possible trademark violation to those companies?
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Thats one of the cases (apart from all the torture, surveillance and secret laws/court stuff) why I’m glad to live in Europe. Such TOS wouldn’t fly here and every judge would laugh it out of the court.
I finished reading the sentence, you are now obliged to come and collect my first born. You can pick him up from the Maximum Security Creche for Cannibalistic Children. Don’t forget to take some body armour.
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The jpeg isn’t displaying, but then you killed my father… prepare to die!
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