RE: [projectvrm] Non-disparagement clause

["T.Rob" < >]

On what grounds would Experian make that call?  KlearGear has a contract with 
the customer in which stipulated damages are set at $3,500.  How can Experian 
make a determination that the contract to which they are not a party is 
invalid?  Isn't there a default assumption that a contract is legal unless it 
contains clauses known to conflict with established law or until a court says 
otherwise?  You or I may feel this is a clear violation of prior restraint 
but then so are court gag orders, NDA agreements and lots of other stuff.  
I'm guessing Experian would open *themselves* up to liability if they failed 
to record the derogatory information form their customer.

Of course, IANAL so I may be waaaaaaay off in left field here.

-- T.Rob

> -----Original Message-----
> From: Don Marti 
> [mailto:
 ]
> Sent: Tuesday, November 12, 2013 12:55 PM
> To: Phil Windley
> Cc: ProjectVRM list
> Subject: Re: [projectvrm] Non-disparagement clause
> 
> begin Phil Windley quotation of Tue, Nov 12, 2013 at 10:03:13AM -0700:
> 
> The real failure here is the credit bureaus.  Really, some random company
> can just "ding" a person, and the
> credit bureau will spread it around?   Sounds like
> the problem is on Experian's end.
> 
> > Check out this story that just appeared on a local TV station.
> >
> > The woman buys something from Kleargear.com, doesn't get it, writes a
> negative review and several years later gets a legal notice from
> Kleargear telling her to remove the review or be fined because in their
> T&Cs they have a "non-disparagement clause".
> >
> > "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."
> >
> > http://m.kutv.com/article?id=12267430/
> >
> > And just to show that companies that report on sucky companies can be
> > sucky in their own way, KUTV apparently has JS in place to prevent me
> > from copying and pasting from the story. I had to View Source to cut
> > and paste the preceding quote into this email. :(
> 
> --
> Don Marti                      +1-510-332-1587 (mobile)
> http://zgp.org/~dmarti/        Alameda, California, USA
>