My cousin hired a company called Toscano Floor Designs in New York and the agreement states: Purchaser agrees not to attack/criticize or write negative reviews online about the seller. This should have been a red flag for what was about to come.

  • radix@lemmy.worldEnglish
    125·
    10 days ago

    https://www.ftc.gov/business-guidance/resources/consumer-review-fairness-act-what-businesses-need-know

    The Consumer Review Fairness Act makes it illegal for companies to include standardized provisions that threaten or penalize people for posting honest reviews. For example, in an online transaction, it would be illegal for a company to include a provision in its terms and conditions that prohibits or punishes negative reviews by customers.

    • litchralee@sh.itjust.worksEnglish
      81·
      10 days ago

      Sadly, this act only covers “form contracts” for the sale of services or products, and doesn’t look like it would extend to contracts of employment. That is, a consumer cannot be bound by a clause that prohibits writing reviews. And if a consumer of the company’s products is also an employee, then this act doesn’t prohibit a “no reviews” clause in the employment contract.

      EDIT: I goofed at reading comprehension of OP’s post. What I wrote is a correct but irrelevant analysis. This act appears to void the clause of the contract.

      • Beacon@fedia.io
        9·
        10 days ago

        But that’s not the situation in this scenario. OP’s brother hired this firm to perform a service, and thus this law should apply

        • litchralee@sh.itjust.worksEnglish
          4·
          10 days ago

          Whoops, you’re right. I misread the first sentence as though OP’s brother was hired by the company. In OP’s brother’s case, yes, this act would appear to void any clause that would restrict writing a review, whether good or bad.