Bill Would Stop Companies From Going After Customers Who Post Bad Reviews

I’d be very interested in your feedback. Below is an article from my most recent newsletter, it was sent out today. Coincidentally there was a story on the news just this morning about a dentist who is suing a customer for a bad review. As a businessman I’m not actually sure what side of this argument I’m on. Wouldn’t it possible for your competition or someone who was never an actual client, to leave a fabricated, scathing review? On the other hand, I leave reviews of restaurants and hotels all the time and feel I’m being fair and honest, as do probably most people. Do you often post reviews? Have you ever posted a bad one, and if so did you do it while you were still miffed or later when you had thought it through? Do you think business should have an avenue for recourse?  ~Bill

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When you have a bad experience with a home improvement contractor, a lawn service or any other business you should be able to write an online review about the company without worrying that the company That’s the will retaliate

idea behind a bill recently introduced in Congress by U.S. Reps. Eric Swalwell (D-CA) and Brad Sherman (D-CA). The Consumer Review Freedom Act would make it illegal for businesses to penalize customers who write negative reviews on Yelp or other online review sites.

In early September, California passed a law banning “non-disparagement” clauses in consumer contracts. The California law gives consumers the right to sue companies that try to enforce a non-disparagement clause.

The federal bill would give the Federal Trade Commission and states the power to sue companies who violate consumers’ free speech.

The bill was a reaction to several companies’ attempts to dissuade people from writing honest reviews. In one of those cases, online retailer KlearGear included a clause in its terms of agreement that made consumers promise not to disparage the company, or risk paying a $3,500 fine.

After a customer wrote a negative review of the product, KlearGear sent her a $3,500 bill for violating the disparagement clause of the sale agreement. When the customer refused to pay the $3,500 bill, KlearGear reported the bill to a credit bureau as an unpaid debt.

The customer sued KlearGuard and in May, a judge ruled against the company, saying it violated the Fair Credit Reporting Act, defamed the consumer and intentionally inflicted emotional distress.

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