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Public Citizen sues KlearGear.com for $75,000 over $3500 fine...

BUL2294 (1081735) writes | about 7 months ago

1

BUL2294 (1081735) writes "Public Citizen has followed through on their threat to sue KlearGear.com over their decision to "fine" Utah resident John Palmer $3500 over a negative review posted by his wife, Jennifer Palmer. The review, posted to RipoffReport.com in 2009 when the $20 order was not received & the couple had difficulties in getting a refund, was made 3 years before a "non-disparagement" clause was added to KlearGear's Terms of Sale and Use, to which all customers agree to before purchasing from them. In 2012, KlearGear informed credit reporting agencies of the $3500 "debt", sent a debt collection agency against the Palmers, and validated the "debt" to credit reporting agencies (adding a $50 dispute charge) when John Palmer attempted to dispute it. Since then, the Palmers have had difficulties obtaining credit, which included going 3 weeks without heat while trying to obtain a new furnace. KlearGear has publicly stated on KUTV and CNN that the fine was valid and would stand. Now, on behalf of the Palmers, Public Citizen is suing KlearGear 'after KlearGear.com ignored a Nov. 25 demand letter sent by Public Citizen on behalf of the Palmers requesting that KlearGear.com contact the relevant credit agencies immediately and inform them that the debt it had reported concerning John was in error. The letter also asked for compensation of $75,000 and permanent removal of the “non-disparagement clause” from its website’s terms of use. // Today’s complaint seeks punitive damages as well as damages for the economic, emotional and other harms that the Palmers suffered as a result of KlearGear.com’s actions.'"

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1 comment

More escalation required (1)

genocism (2577895) | about 7 months ago | (#45734187)

Clearly more escalation is required to resolve this issue. By my calculations KlearGear.com should sue Mr. Citizen $1,607,142.86.
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