Friday, August 29, 2014

Another Online Retailer Thinks It Can Charge Customers For Complaining; Now Facing Lawsuit In New York

from the the-way-to-make-money-without-providing-products-or-services dept

KlearGear's unprecedented $3,500 charge for customer complaints tossed whatever little reputation it had down the drain and it's abusive actions earned it a $300,000 judgement when a former customer took it to court. Of course, the company only exists as a half-assed website and handful of remailing services. Someone named Vic Mathieu claimed the company is actually run by Descoteaux Boutiques out of France, and as such, is out of reach of the judgement.

The Consumerist has come across another online retailer that thinks it can charge customers if they even think about complaining, one that also has no real representatives and whose address is a UPS store.
If you were put off by’s ridiculous “Non-Disparagement” fee, which penalizes customers for sharing their bad shopping experiences with the public, another online retailer is apparently trying to go one further, by not only banning customers from saying bad things online, but by also forbidding them from even bringing up the threat of a complaint or a credit card chargeback.

Buried at the bottom of the Terms page for, you’ll find the following insanely overreaching stipulations (bolded for emphasis):

“You agree not to file any complaint, chargeback, claim, dispute, or make any public forum post, review, Better Business Bureau complaint, social media post, or any public statement regarding the order, our website, or any issue regarding your order, for any reason, within this 90 day period, or to threaten to do so within the 90 day period, or it is a breach of the terms of sale, creating liability for damages in the amount of $250, plus any additional fees, damages – both consequential and incidental, calculated on an ongoing basis.”
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