Kleargear Must Pay $306,750 To Couple That Left Negative Review | Ars Technica

The French company that appears now to own KlearGear made a series of statements to the media in which they attacked this lawsuit and me in particular, but they never made any kind of motion to the court, so there was nothing for the court to rule on as far as their objections were concerned. The company has not responded to Ars repeated attempts to contact it by phone and e-mail. Previously, Ars received two unsolicited e-mails from Vic Mathieu, the director of corporate communications for Descoteaux Boutiques (DBS), KlearGears Paris-based parent company. In the second e-mail , Mathieu claims that its one-time customer was belligerent toward our customer care staff and threatened to defame KlearGear if he did not receive free merchandise and other consideration. Such a customer behavior is rare, but it has become an increasing problem for many companies today, he continued. DBS’ head of retail for North America, Lee Gersten, spends nearly half of every year in the United States and Canada and cites this problem as one of the reasons that we started to eliminate Kleargear.com’s social media channels in 2012. All this over two desk toys As Ars reported earlier, according to Jennifer Palmer, the original order consisted of a perpetual-motion desk toy and a bendable smiley-face keychain that were to be Christmas gifts to her from her husband John. After repeatedly attempting to contact the company by phone and e-mail, the couple reached a customer representative, who claimed that the items had never been paid for and had been cancelled. By February 2009, Jennifer Palmer posted a review on RipoffReport.com lambasting the company and its poor customer service. Over three years later, her husband John Palmer received an e-mail demanding that the review be deleted within 72 hours or that he pay $3,500, as he was in violation of the companys non-disparagement clause of its terms of service. However, such a term did not appear in the Terms of Sale and Use that the Palmers had agreed to when they placed their order in 2008.
For the original version including any supplementary images or video, visit http://arstechnica.com/tech-policy/2014/06/kleargear-must-pay-306750-to-couple-that-left-negative-review/

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s