Total Posts:4|Showing Posts:1-4
Jump to topic:

Non-Disparagement Clause

Vox_Veritas
Posts: 7,071
Add as Friend
Challenge to a Debate
Send a Message
12/27/2015 5:42:24 AM
Posted: 11 months ago
It has become increasingly common for businesses to make customers agree to contractually binding "non-disparagement agreements", which prohibit how the customers may criticize the company in question.
To cite an actual example, some years ago a couple purchased a $20 item of some kind which they ultimately never received. So, they complained about the company online. 3 years later they were told by the company that either they delete their online post which was critical of the company or face a $3500 fine.
So what's your take on this? Is this a reasonable business tactic or should it be banned?
Call me Vox, the Resident Contrarian of debate.org.

The DDO Blog:
https://debatedotorg.wordpress.com...

#drinkthecoffeenotthekoolaid
Vox_Veritas
Posts: 7,071
Add as Friend
Challenge to a Debate
Send a Message
12/27/2015 5:43:54 AM
Posted: 11 months ago
At 12/27/2015 5:42:24 AM, Vox_Veritas wrote:
It has become increasingly common for businesses to make customers agree to contractually binding "non-disparagement agreements", which limit how the customers may criticize the company in question.
To cite an actual example, some years ago a couple purchased a $20 item of some kind which they ultimately never received. So, they complained about the company online. 3 years later they were told by the company that either they delete their online post which was critical of the company or face a $3500 fine.
So what's your take on this? Is this a reasonable business tactic or should it be banned?

Fixed (dang, I've been having to do a lot of this today)
Call me Vox, the Resident Contrarian of debate.org.

The DDO Blog:
https://debatedotorg.wordpress.com...

#drinkthecoffeenotthekoolaid
Maikuru
Posts: 9,112
Add as Friend
Challenge to a Debate
Send a Message
12/27/2015 6:12:20 AM
Posted: 11 months ago
At 12/27/2015 5:42:24 AM, Vox_Veritas wrote:
It has become increasingly common for businesses to make customers agree to contractually binding "non-disparagement agreements", which prohibit how the customers may criticize the company in question.
To cite an actual example, some years ago a couple purchased a $20 item of some kind which they ultimately never received. So, they complained about the company online. 3 years later they were told by the company that either they delete their online post which was critical of the company or face a $3500 fine.
So what's your take on this? Is this a reasonable business tactic or should it be banned?

From what I've seen, I am strongly against this practice. This has been implemented in an exceedingly underhanded way and customers have been charged exorbitant amounts for posting objectively accurate reviews (e.g., discussing how a product doesn't work). It is equivalent to a viewer being unable to discuss with others whether or not they enjoyed a movie. A paying customer has every right to discuss their experience with a product. If a company is unable to generate positive reviews, that fault lies on them.
"You assume I wouldn't want to burn this whole place to the ground."
- lamerde

https://i.imgflip.com...
Volkov
Posts: 9,765
Add as Friend
Challenge to a Debate
Send a Message
12/27/2015 9:24:42 AM
Posted: 11 months ago
Is this actually a thing? I've never heard of it before now, which is pretty scary when you think about it.

Its definitely a practice not worthy of a free society. Criticisms of you or your product being craptastic has to be something protected under the fair comment defense, right?