$75,000 Lawsuit For Idiotic Website TOS

25 replies
Your website TOS is mainly a defensive mechanism to prevent lawsuits. Don't use it as a sword to vindictively go after a customer, unilaterally "fining them", or you may find yourself on the receiving end of a major lawsuit:

Couple Fined $3,500 For Writing a Negative Review - ABC News

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#$75 #idiotic #lawsuit #tos #website
  • Profile picture of the author Kevin Maguire
    LOLZ

    I guess branding is out of their SEM budget for a while.

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  • Profile picture of the author sbucciarel
    Banned
    Lol. Their twitter account is "protected" and they've taken down their facebook page and someone has created another, with nothing but disparaging remarks. So their strong-arm tactics seem to have backfired.

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  • Profile picture of the author Kevin Maguire
    I'm sure if each reply to this thread mentioned Kleargear . This thread would rank too.

    All the kleargear news stories might even take kleargear off of page 1, for the kleargear brand.
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    • Profile picture of the author Christopher Fox
      Originally Posted by Kevin Maguire View Post

      I'm sure if each reply to this thread mentioned Kleargear . This thread would rank too.

      All the kleargear news stories might even take kleargear off of page 1, for the kleargear brand.
      I'll add a fifth Kleargear to my post. Unbelievable that somebody could do this to someone - to try to blackmail/bribe/coerce that kind of money out of someone. Who ever 'KlearGear' is, it is a real live human being that seems to be able to sleep at night while causing real deal havoc and harm to people's lives, merely for their opinion of their service.

      I hope this KlearGear dude or dudette loses his/her business and has to go get a J-O-B. I also hope this case becomes one of those precedent setting things, as I doubt KlearGear is the only online business doing this.

      Welcome to the world in which we live, ladies and gents. A-holes abound, KlearGear being a prime example of one.

      Too much? Am I keyword stuffing, lol?

      Let's see: 9 KlearGear mentions. Now ten.
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  • Profile picture of the author Stefan Shields
    There would be no sweeter feeling in the world than taking down a company like that
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  • Profile picture of the author Raydal
    So many companies are forgetting that they are living in a new world.
    Social marketing power really gives the little guy a new voice that
    cannot be easily ignored. It's not just your bank account anymore
    but your social media accounts that give you the real power--if
    you get the attention and following.

    -Ray Edwards
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    • Profile picture of the author Wolster
      Originally Posted by Raydal View Post

      So many companies are forgetting that they are living in a new world.
      Social marketing power really gives the little guy a new voice that
      cannot be easily ignored. It's not just your bank account anymore
      but your social media accounts that give you the real power--if
      you get the attention and following.

      -Ray Edwards
      You are so right there Ray.

      They should have invested in a good social media manager rather than the dick that wrote their TOS.
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  • Profile picture of the author billrobert
    Originally Posted by Danny Cutts View Post

    Hahah nope and even if it was me I would not let on :-)

    Danny
    hahaha good stuff man.
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  • Profile picture of the author Taniwha
    "In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract prohibits you from taking any action that negatively impacts KlearGear.com, its reputation, products, services, management or employees."

    How is it fair and honest if you're not even allowed to voice you opinion/experience if it's a negative one?
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    • Profile picture of the author KabirC
      Originally Posted by Taniwha View Post

      "In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract prohibits you from taking any action that negatively impacts KlearGear.com, its reputation, products, services, management or employees."

      How is it fair and honest if you're not even allowed to voice you opinion/experience if it's a negative one?
      Based on their TOS, their fine negatively impacted KlearGear.com, what was the company thinking when they did that? Stupidity.
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  • Profile picture of the author GeorgR.
    I never heard of or knew who "Kleargear" is.

    Now I know they're scammers and rip-off artists.

    Job well done, Kleargear
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    • Profile picture of the author HeySal
      Originally Posted by GeorgR. View Post

      I never heard of or knew who "Kleargear" is.

      Now I know they're scammers and rip-off artists.

      Job well done, Kleargear
      Isn't that the truth? I never heard of them before clicking on this post and I'm sure this isn't the one they would have wanted me to see.

      I was brought up to believe you could do anything......until you get greedy. My mother always said that greed will destroy anything you do. Seems from this example mom was dead on the money.
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      Sal
      When the Roads and Paths end, learn to guide yourself through the wilderness
      Beyond the Path

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  • Profile picture of the author Danny Cutts
    lol

    Ryanair in the UK has said they don't mind bad publicity as it is all good in the end...

    But i pretty much think this company is screwed....
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    • Profile picture of the author Stefan Shields
      Originally Posted by Danny Cutts View Post

      lol

      Ryanair in the UK has said they don't mind bad publicity as it is all good in the end...

      But i pretty much think this company is screwed....
      The thing with Ryanair though is that people need to fly despite Michael O'Leary trying to squeeze every last penny out of his customers. People will use Ryanair and will complain.

      I'm pretty sure I and every other person in the world can live without Kleargear


      Bad publicity is only good if you run a vital service that people genuinely need and have no alternative.
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  • Profile picture of the author SunilTanna
    Originally Posted by kindsvater View Post

    Your website TOS is mainly a defensive mechanism to prevent lawsuits. Don't use it as a sword to vindictively go after a customer, unilaterally "fining them", or you may find yourself on the receiving end of a major lawsuit:

    Couple Fined $3,500 For Writing a Negative Review - ABC News

    .
    Great find there.

    I'm not sure the title of the thread is 100% descriptive, as strictly speaking it's probably not the contents of the tos that led to being sued (there is a dispute about what the tos said at the time, and whether it cntained the objectionable clauses, etc) but the fact that the company ruined somebody's credit rating in retaliation for a bad review.
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  • Profile picture of the author J Bold
    I heard about this before. I think we should go and picket outside this company's headquarters and tell them what idiots they are. Who's with me!
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  • Profile picture of the author humbledmarket
    Banned
    seems quite a few other customers got taken advantage of by their bill and collection policies. (on bbb.org)
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  • Profile picture of the author TrafficMystic
    good for us little guys I say.. shows that regardless if your a big company yu cannot bulloy others about and get away with it
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    • Profile picture of the author goindeep
      Maybe I've finally fallen of the edge of reality because I see it totally opposite.

      The way I see it is her ordered his wife something at X Mas period which means he is right in the thick of shopping spree season, all sorts of unknowns in the article such as was the product sent and was it the couriers fault, what exactly was his complaint apart from the product not getting there on time, was he told about delays, when exactly before X Mas did he place his order, was he offered priority shipping and did he take the offer up, why exactly did he call their customer service pathetic, did he speak with them, email and what happened...?

      I am assuming he cancelled his order and reversed the transaction or simply never payed, they where out of pocket and then he decided to go leave a negative review saying god knows what terrible things about the company...

      Also what a tight ass, under $20 for a X Mas present, lol!
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  • Profile picture of the author Taniwha
    You totally missed the mark.
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  • Profile picture of the author domainarama
    goindeep, the reason they had only $20 to spend on Christmas presents was because they lost their life savings on AdWords.
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    • Profile picture of the author goindeep
      Originally Posted by domainarama View Post

      goindeep, the reason they had only $20 to spend on Christmas presents was because they lost their life savings on AdWords.
      How does that have anything to do with KlearGear?
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  • Profile picture of the author Rainmak3r
    No offense, but I wouldn't be surprised if one Tim Atkinson is not involved in this!
    I once gave his company my cellphone number and boy... do I regret that...When I changed my mind from taking his coaching class..he "sold" my number to all marketing companies that had the potential to call.. and they called, even as early as 5am just to "pitch" their products at me, no courtesy, just rude behavior and, when you called back, noone answered!

    I ended up changing my number... and it was a damn good number too!
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