[LINK] 'Fined For Posting A Negative Review Online'

[Craig Sanders]

On Sat, Nov 16, 2013 at 12:16:32PM +1100, Jan Whitaker wrote:
> At 12:00 PM 16/11/2013, Roger Clarke wrote:
> >Either way, Jen says she wants others to be warned: If you buy
> >anything from kleargear.com and you don't like the product or the
> >service they say you are contractually forbidden from telling anybody
> >about it. If you do, expect a bill. If you don't pay the bill, expect
> >them to ding your credit.
>
> Actually, there is another problem. Since she didn't receive the
> goods, there is no contract. That's basic. If anyone breached the
> agreement, it was the company.

even if the clause was legally valid, and even if it did exist in their
T&C at the time of the transaction, and even if the clause did still
apply after the company's breach of the contract, there's also the fact
that her husband placed the order, not her.

she never made any agreement of any kind with kleargear.com - there's no
way that it could possibly apply to her.


> Hopefully the credit bureau will see sense. Get ready Australia, 
> because this sort of credit tracking is coming here.

but extortion is good business.

craig

-- 
craig sanders <cas at taz.net.au>