California law says companies can’t punish customers who post negative reviews

4 Comments

A swanky hotel in New York caught flak this summer for threatening to fine brides $500 if any of their wedding guests posted a negative review on social media. In that case, the hotel backed down, but that doesn’t mean other businesses aren’t trying the same trick: stuffing so-called “non-disparagement clauses” into customer contracts in order to muzzle online criticism.

This explains why Governor Jerry Brown of California signed a law this week that will turn the tables on such businesses, by fining them up to $10,000 if they use contracts that prevent customers from expressing their opinion about a good or service online.

The law is a victory for consumers’ free speech rights, and comes after repeated instances of merchants trying to collect penalties of thousands of dollars from customers who criticized them. In one notorious case, a Utah couple received an email from an online retailer saying they would have to pay $3,500 unless they removed a comment they had posted to the review site, RipoffReport.com.

The text of the law is straightforward, and says businesses may not impose contract terms “waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.”

The law, which is the first of its kind in the U.S. and was reported by the LA Times, goes into force in California in 2015.

Businesses meanwhile continue to struggle with how to manage review forums and social media tools that empower customers, and that can make or break their reputation. Earlier this month, a federal appeals court threw out a class action that accused review site Yelp of”extorting” small businesses.

4 Comments

tyler

I heard you can not agree to contracts, did the company force you to sign the contract? sounds like you can not agree and not engage in unethical contracts by not signing them.

Tchael

“Businesses meanwhile continue to struggle with how to manage review forums and social media tools that empower customers, and that can make or break their reputation.”

Here’s an easy solution:
Stop being a shit business and actually do what you claim to do, treat your customers well, and don’t lie to the customer.

Suddenly you stop getting a ton of bad reviews for being a lying rip-off.

The H.E.A.T. Exchange

The audacity of any business to impose an unethical contract to stifle the opinions of its customer is, by itself, a negative review of that particular business.

At first, I thought maybe these businesses were going after fraudulent reviews, but this cannot be the case. A slandering review by a known can be handled in the court room. These contracts are designed to simply to prevent negative reviews…period.

The truth is, if ALL customers actually wrote reviews about their experiences with hotels and retailers, sites like Yelp would run out of server space.

How can a business even think it would be lawful to say, “Even if we provide you with poor service, if you tell others about it on the web, then we will take your hard-earned money.”

The reason this upsets me is because only in a country where the laws and courts are so corrupt would an money-making entity think of getting away with such a tactic. The simple fact that it took a law to stop this type of extortion or threat to another person is evidence.

What’s next? Spammers will try to hold you to a contract if you label their emails as spam? Not so far fetched after reading this article.

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