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Funny article that includes such gems of bad advice as:
"There are only two types of reviews: the positive kind, and the kind where the reviewer didn’t understand the book. A bad review of your book is actually a cry for help!
Whenever you see a negative review that makes you say to yourself, “I should reach out to this person, perhaps in a borderline illegal fashion,” by all means do so. Find out where they live if you want! Show up on their doorstep and offer to politely explain how they simply failed to understand your novel. Make it clear that this is something they need to resolve within themselves and not a reflection on your work, and also that there’s no need whatsoever to call the police, so please put down the phone and stop crying."
Just sharing something that punches my buttons: the negative consumer product opinions (reviews) only permissible as "constructive feedback" for authors culture that is growing like a bad fungus.
Seriously, not trying to draw attention to or garner publicity for this author. I'd just as soon everyone ignore the books and not comment, rate, review, buy, sample or whatever. So much if this drama crap is intentionally done (no way if knowing this author's intentions) thinking bad publicity better than no publicity to draw attention to not-being-discovered (or not selling enough) books, not trying to add to it.
And, yes, authors definitely have "skin in the game."
I missed catching the results of all this.
The bottom line: Customer won. The damages awarded were not disclosed. I'm not even clear how much of the court decisions were based on lack of response by KlearGear to the lawsuit, the involvement of Fair Credit reporting folk, the fact the clause was added three years after purchase transaction, etc.--but, the reviewer won. They were awarded damages from KlearGear and further damages from an out of court settlement with the debt collection agency KlearGear used to report the "fine for violation of antidisparagement clause."
The lawsuit Palmers filed did include "...
The Palmers seek a declaratory judgment that John Palmer’s alleged “debt” arising out of KlearGear’s “non-disparagement clause,” and any other alleged “debts” premised thereon, are null and void,...
as to constitute state action; and ..."
ETA: Wikipedia article on KlearGear says "...
In March 2014, a federal judge entered a default judgment in favor of the Palmers. Not only did Kleargear fail to send a representative to respond to the suit, but several attempts to serve Kleargear with the complaint were unsuccessful. According to court documents, one attempt failed when someone at KlearGear's "headquarters" in Grandville rejected the delivery, and it was returned as undeliverable to another address in Texas. The terms were not disclosed, but Public Citizen had asked for $70,000 plus attorney's fees.[17][18]
On March 26, 2014, Techdirt reported that the non-disparagement clause had been restored to Kleargear's terms of service. Techdirt also revealed that Kleargear appeared to have reinstated a clause that allowed it to bill a customer $50 if it received achargeback, and also gave it the right to bill an additional $500 if that fee was reported for collection.[19]"