Consumer nondisparagement clauses

by Walter Olson on February 1, 2014

A few weeks ago a furor broke out after it was reported that a company called KlearGear had billed customers $3,500 for giving it a negative review, pursuant to a non-disparagement clause prohibiting “any action that negatively impacts KlearGear.com [or] its reputation.” Now it seems a company purveying refrigerated wine cabinets is using a similar clause [Matthew Hunt, Scotch Tape and Duct Whisky via WineBerserkers.com]

{ 1 comment }

1 Bill Poser 02.02.14 at 12:16 am

It’s interesting the Vinotemp thinks that they gain any real protection from criticism in this way. Even if you assume the validity of that contract, it doesn’t bind anyone who does not buy directly from them, nor does it bind anyone who does buy their product at all, such as a wine journalist who surveys a number of owners and dealers.

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