Woman gets $3,500 fine and bad credit score for writing negative review of business
In 2009, Jen Palmer’s husband bought her some Christmas gifts from KlearGear.com. When the merchandise still hadn’t arrived a month later, PayPal closed the transaction and refunded her money.
Palmer tried to contact the company to inquire about the order, but couldn't get in touch with anyone. Frustrated, she wrote a critical review of the company on Ripoffreport.com and moved on.
But as KUTV reports, KlearGear.com resurfaced three years later and has turned Palmer’s life upside down, slapping her with a $3,500 fine and reporting her to the nation’s three major credit agencies.
"This is fraud," Palmer told the station. "They're blackmailing us for telling the truth."
Here’s what happened. Tucked away in the agreement language almost no one ever reads, was a clause stating that anyone who buys something from the website agrees to never publicly criticize the website.
The exact language reads:
"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."
However, on some review sites individuals claim that the clause only went into effect in 2013, meaning that Palmer should be exempt from the fine policy. Interestingly, review sites also contain a number of mixed to negative customer reviews but only this one mention of the company actually issuing a fine to a customer.
And the actual language from the clause has since been removed from Kleargear's website.
In fact, the company may be facing some heat for bragging about it's own reviews. The Better Business Bureau has issued an alert against KlearGear saying the company has falsely claimed to have received an A+ rating from the BBB. "As of November 28, 2012, the BBB became aware that the company's website is displaying a BBB Accredited Business logo and BBB Rating A+," reads a statement on the BBB website. "However, the company is not an accredited BBB business and the BBB rating is not A+."
As of November 28, 2012, the BBB became aware that the company's website is displaying a BBB Accredited Business logo and BBB Rating A+; however, the comapny is not a BBB accredited business and the BBB rating is not A+. - See more at: BBB of November 28, 2012, the BBB became aware that the company's website is displaying a BBB Accredited Business logo and BBB Rating A+; however, the comapny is not a BBB accredited business and the BBB rating is not A+.
Still, someone from the company contacted Palmer’s husband via email and told him he had 72 hours to remove her critical review from the site Ripoff Report, or face the $3,500 fine. Her review read in part, "There is absolutely no way to get in touch with a physical human being" at the site, adding that they have, "horrible customer service practices."
Nonetheless, Jen Palmer actually contacted Ripoff Report but that site demands $2,000 to remove a post.
Naturally, Palmer refused to pay the fee. Then, she found out that not only had Klear Gear imposed its arbitrary fine, but they had reported the “failure to pay” status to the major credit bureaus.
And the credit bureaus haven’t been helpful either, refusing to remove the mark from her husband's credit score. Jen Palmer says that she and her husband are now receiving rejection letters from lenders as a result of the negative mark on their credit score.
So, the Palmer's now find themselves at the mercy of three unresponsive entities: the website that fined them for exercising their First Amendment rights, the review site that refuses to remove her post and the credit bureaus, which are taking the side of the website over a customer who may be the victim of corporate fraud. In the meantime, KUTV has put the Palmer's in contact with a media relations representative at Experian, in an attempt to resolve the situation.
"I have the right to tell somebody else these guys ripped me off," Palmer said.
Showing posts with label scams. Show all posts
Showing posts with label scams. Show all posts
Saturday, November 16, 2013
Monday, September 7, 2009
What to Do If You Get Scammed
Life seems full of all types of con artists, thieves and scammers. From the big name scammers like Bernard Madoff who scammed 50 billion dollars to local identity theft experts who sift through your trash looking for stray bits of valuable information, the odds are likely that - at some time - you will get scammed.
Getting scammed is an unfortunate part of life for millions of people. It may happen to you as a result of a business opportunity presented to you by telephone, the internet or mail or an investment by a seemingly legitimate financial planner. This article will not look at measures you should take to avoid getting scammed. We will look only at what to do after it happens.
First. Don't panic. I know, this will most likely happen at first. But after a few days when you have had a chance to recover a little and get a breath of air - count your blessings. This may seem impossible to do and may take some time, especially if your loss is large and/or is of sentimental value. Talk about this with friends or family, a trusted clergy member or therapist. Talking about your loss with someone you trust is therapeutic and will help to alleviate the stress you are feeling. It will also help to offset some of the stigma, embarrassment and guilt associated with these types of crimes. Remember, You are the victim - it is not your fault.
Second. Take inventory of what you have lost. Identify the dollars and cents of the investment opportunity you have participated in. Separately include email costs, phone calls and mail you may have sent. List the items you may have exchanged - property, vehicles, clothing, furniture, or any other valuables (anything with an asset value) that you provided as a result of the con and give an estimate of their value.
Third. Detail the transaction. To the best of your ability, detail exactly what was stated, the phone calls that were made and at what time and how long they lasted, print out all relevant emails, assemble all mailings and documentation you received. Write down everything that was said to you and even what you thought they meant by what they said. Be sure to note your thoughts as thoughts only, not what was actually stated. If you have the technical savvy and if the scam involves the internet, obtain screen shots of each website involved and get visitor statistics for each.
Fourth. Go over the incident in your mind. How were you first contacted? How did the scam progress? Who said what to whom? What were your feelings? You want to lay out in a timeline form all the events, statements, emails, phone calls, mail, and emails between you and the scammer. You use these to provide as detailed as possible a record of events in the order they occurred. Then rehearse this. Ask yourself questions. How did they first contact you? What did they say? What promises were made? Also ask yourself if there is anything you have forgotten. This question often serves to bring up pertinent facts and details we may have otherwise overlooked. Now, assemble everything in order and make multiple copies of everything, storing at least one copy in a safe location where only you have access and will not need it.
Fifth. Contact the appropriate authorities. A scam is illegal. You have been materially and possibly emotionally injured and damages are owed to you. You can expect to receive the appropriate compensation if available or justice to be done to those who have hurt you.
The first step is to contact your local police. Let them know what happened, how it happened and how much you may have lost. They will most likely request copies of your documentation although there may be nothing they can do about the incident as it may lie beyond their jurisdiction.
Next is the Better Business Bureau. Although they have been helpful in many cases, for this matter, you are not expecting their help; you are simply informing them of a scam being operated by a business in their jurisdiction. Cooperate with them fully if requested, but they have no legal authority to prosecute a crime. This is a crime, focus your energy in that direction.
Next, contact the state Attorney General in which the business or scammer is located. Let them know that you have been scammed, the amount of the scam, how much it has hurt you and ask them - politely - what they can do about it. Tell them you have documentation of the incident and will forward it to them upon request. Let them you know you expect progress and will check in on them at periodic intervals.
The FBI, the SEC, and the FTC. What happened to you may lie under the jurisdiction of any one or all of these organizations. With the rise of the internet, online frauds and scams have proliferated and each has a department tasked to handle such matters. Contact that department from their website and follow their lead. Tell them the scope and size of the scam providing all the detailed information you have. Tell them of your documentation and suggest you send it to them. As these organizations are very busy, they may or may not be able to help you depending on the size and nature of the scam, or they may take a long time to get back to you.
A local attorney. Your local attorney may be able to help you or refer you to an attorney who can. If you can afford their help, it may serve you to seek their assistance. You may wish to file for damages in civil court or - if you suspect a large scam - open a class action suit against the company or scammer.
If nothing much seems to be happening, start with step one again - the local police and ask them how their investigation is progressing. Continue with each step until you feel some progress is being made.
With these procedures, you should be able to recover some of your dignity and receive some satisfaction from the pain that was inflicted on you. The nature of these types of crimes make it unlikely that you will recover all of your money or property although it is possible you will receive some, but you must always maintain hope.
Good luck.
Perry Jones is a successful author and urban philosopher.
Article Source: http://EzineArticles.com/?expert=Perry_Jones
Getting scammed is an unfortunate part of life for millions of people. It may happen to you as a result of a business opportunity presented to you by telephone, the internet or mail or an investment by a seemingly legitimate financial planner. This article will not look at measures you should take to avoid getting scammed. We will look only at what to do after it happens.
First. Don't panic. I know, this will most likely happen at first. But after a few days when you have had a chance to recover a little and get a breath of air - count your blessings. This may seem impossible to do and may take some time, especially if your loss is large and/or is of sentimental value. Talk about this with friends or family, a trusted clergy member or therapist. Talking about your loss with someone you trust is therapeutic and will help to alleviate the stress you are feeling. It will also help to offset some of the stigma, embarrassment and guilt associated with these types of crimes. Remember, You are the victim - it is not your fault.
Second. Take inventory of what you have lost. Identify the dollars and cents of the investment opportunity you have participated in. Separately include email costs, phone calls and mail you may have sent. List the items you may have exchanged - property, vehicles, clothing, furniture, or any other valuables (anything with an asset value) that you provided as a result of the con and give an estimate of their value.
Third. Detail the transaction. To the best of your ability, detail exactly what was stated, the phone calls that were made and at what time and how long they lasted, print out all relevant emails, assemble all mailings and documentation you received. Write down everything that was said to you and even what you thought they meant by what they said. Be sure to note your thoughts as thoughts only, not what was actually stated. If you have the technical savvy and if the scam involves the internet, obtain screen shots of each website involved and get visitor statistics for each.
Fourth. Go over the incident in your mind. How were you first contacted? How did the scam progress? Who said what to whom? What were your feelings? You want to lay out in a timeline form all the events, statements, emails, phone calls, mail, and emails between you and the scammer. You use these to provide as detailed as possible a record of events in the order they occurred. Then rehearse this. Ask yourself questions. How did they first contact you? What did they say? What promises were made? Also ask yourself if there is anything you have forgotten. This question often serves to bring up pertinent facts and details we may have otherwise overlooked. Now, assemble everything in order and make multiple copies of everything, storing at least one copy in a safe location where only you have access and will not need it.
Fifth. Contact the appropriate authorities. A scam is illegal. You have been materially and possibly emotionally injured and damages are owed to you. You can expect to receive the appropriate compensation if available or justice to be done to those who have hurt you.
The first step is to contact your local police. Let them know what happened, how it happened and how much you may have lost. They will most likely request copies of your documentation although there may be nothing they can do about the incident as it may lie beyond their jurisdiction.
Next is the Better Business Bureau. Although they have been helpful in many cases, for this matter, you are not expecting their help; you are simply informing them of a scam being operated by a business in their jurisdiction. Cooperate with them fully if requested, but they have no legal authority to prosecute a crime. This is a crime, focus your energy in that direction.
Next, contact the state Attorney General in which the business or scammer is located. Let them know that you have been scammed, the amount of the scam, how much it has hurt you and ask them - politely - what they can do about it. Tell them you have documentation of the incident and will forward it to them upon request. Let them you know you expect progress and will check in on them at periodic intervals.
The FBI, the SEC, and the FTC. What happened to you may lie under the jurisdiction of any one or all of these organizations. With the rise of the internet, online frauds and scams have proliferated and each has a department tasked to handle such matters. Contact that department from their website and follow their lead. Tell them the scope and size of the scam providing all the detailed information you have. Tell them of your documentation and suggest you send it to them. As these organizations are very busy, they may or may not be able to help you depending on the size and nature of the scam, or they may take a long time to get back to you.
A local attorney. Your local attorney may be able to help you or refer you to an attorney who can. If you can afford their help, it may serve you to seek their assistance. You may wish to file for damages in civil court or - if you suspect a large scam - open a class action suit against the company or scammer.
If nothing much seems to be happening, start with step one again - the local police and ask them how their investigation is progressing. Continue with each step until you feel some progress is being made.
With these procedures, you should be able to recover some of your dignity and receive some satisfaction from the pain that was inflicted on you. The nature of these types of crimes make it unlikely that you will recover all of your money or property although it is possible you will receive some, but you must always maintain hope.
Good luck.
Perry Jones is a successful author and urban philosopher.
Article Source: http://EzineArticles.com/?expert=Perry_Jones
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