If you can’t please ’em, sue ’em?
In the town of Layton, Utah (not far from my home in Sandy, Utah), Jen and John Palmer posted a not terribly flattering review of KlearGear, from whom they had attempted to make an online purchase.
In a textbook demonstration of customer relations—that is, how not to do it—KlearGear slapped the couple with a $3,500.00 fine, based on a “non disparagement” clause buried in their user agreement. The couple laughed off the fine ... until the unpaid amount showed up on their credit report, interfered with their ability to get a loan, and finally caused this, as stated in a Salt Lake Tribune article:
“Their furnace wouldn’t turn on, and a technician told them it probably had to be replaced. They couldn’t get credit to pay for the fix, so they were left to bundle up in afghans that Jen had crocheted until they finally paid out of pocket after three weeks.”
Business readers, don’t try this at home. Less important is the fact that a non disparagement clause won’t hold up. (Attorney Scott Michelman, who is representing the Palmers, observed that “so-called fine print is only valid if the terms are deemed reasonable.”) More important is that, PR-wise, it’s JUST PLAIN DUMB. KlearGear’s folly is fast going viral, most likely not helping their sales.
The Palmers have countersued. They want $75,000.00 in damages. I don’t believe in Karma—no evidence supports that it’s a real thing—but I can enjoy schadenfreude as much as the next person. I hope a judge awards the money to the Palmers. And that it goes on KlearGear’s credit report.
The Palmers have countersued. They want $75,000.00 in damages. I don’t believe in Karma—no evidence supports that it’s a real thing—but I can enjoy schadenfreude as much as the next person. I hope a judge awards the money to the Palmers. And that it goes on KlearGear’s credit report.
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