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In 2009, John and Jen Palmer posted a critical online comment about a business. The Palmers said they ordered and paid for a small toy and a keychain for $20 from KlearGear.com, but never got the items. They said they could never reach anyone at KlearGear to fix the problem. They posted their complaint on RipoffReport.com. Three years later, Jen Palmer said her husband received an email from KlearGear demanding they remove the post. If not, he was told, he would have to pay a $3,500 fine. KlearGear said the Palmers violated the company¡¯s policy that bars customers from posting critical comments. It is becoming common practice for businesses to demand money from customers who criticize them online, according to Eric Goldman, a Santa Clara University law professor. He follows Internet legal issues.
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These ¡°do not criticize¡± clauses come as review sites such as Yelp, TripAdvisor, Angies List and ZocDoc become more popular. Comscore, an online research company, lists Yelp and TripAdvisor among the top 50 websites in the U.S. The sites have more visitors than even Netflix and ESPN. Jen Palmer said she and her husband tried to remove their critical post, but could not get Ripoff Report to take it down. They refused to pay the $3,500 fine demanded by KlearGear. They said they did not believe the company had the right to demand it. Two years later, a judge agreed with them. He said the company was wrong to demand money and to report the couple¡¯s refusal to pay to a credit rating agency. That hurt the Palmers credit rating and made it impossible for them to finance the purchase of a furnace and car, Jen Palmer said. The judge awarded the couple over $300,000 in damages.
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