Broke My Heart
California,#2UPDATE EX-employee responds
Mon, November 18, 2013
As a single Mom, I continue to work at kleargear.com, I needed to support my daughter. You and many others were victimized by ordering products, paying for them, but they never shipped. My manager told me that they had a way to force people into silence by blackmail, I asked how?
He said on the site is a hidden clause not accewssible to the general public which reads:
"In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract prohibits you from taking any action that negatively impacts KlearGear.com, its reputation, products, services, management or employees.
Should you violate this clause, as determined by KlearGear.com in its sole discretion, you will be provided a seventy-two (72) hour opportunity to retract the content in question. If the content remains, in whole or in part, you will immediately be billed $3,500.00 USD for legal fees and court costs until such complete costs are determined in litigation. Should these charges remain unpaid for 30 calendar days from the billing date, your unpaid invoice will be forwarded to our third party collection firm and will be reported to consumer credit reporting agencies until paid."
He told me they new ship the merchandise but threaten people that when they post a negative review that they will submit a $3,500 claim against them, send it to collections, and the only way they will remove the ding from the credit agencies is to sign a document claiming you were satisfied with Kleargear.com.
I asked if it was blackmail to threaten customers in this way and he said 'Yes' but that we were to claim that we were offering a "diligent effort to help them avoid [the fine]."' I asked ~ How the terms and conditions could even apply, since the sales transaction was never completed? He told me if I ever said anything like that again I would be fired. Yesterday - I was fired after advising someone via Private Message on FaceBook to bring up this very point. And after they fired me, they took down the Kleargear FaceBook page.
Be very careful about speaking out against these people. I am truly sorry for having worked for them but my daugter is only 18 months old, I needed to take care of her and diapers are so expensive.