Monday, May 19, 2014

Judge rules against Michigan retailer over critical online review

Mr. and Mrs. Palmer posted an online review at RipoffReport . com when the product Mr. Palmer ordered for his wife never arrived. But then they were threatened by the Michigan manufacturer.

 From the Article:
Michigan-based told the Palmers in 2012 that they had 72 hours to remove the negative review or pay $3,500 because they violated a “non-disparagement clause” in its terms of use with customers, the lawsuit said.

The couple refused, saying the clause was not in effect when the items were purchased and the terms violated the First Amendment. They also note has a policy of not removing posted reviews.
 The retailer then reported the Palmers to a credit reporting agency for their "failure to pay" which resulted in credit difficulties for the couple.
Judge Benson, in his order, said the retailer is liable to the Palmers for defamation, intentional infliction of emotional distress and violation of the Fair Credit Reporting Act.

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