Want to Write a Scathing Review of a Vendor? - Toyota GR86, 86, FR-S and Subaru BRZ Forum & Owners Community

White64Goat · 11-16-2013, 12:25 PM

You might want to read this story before you do..........

http://news.yahoo.com/woman-gets--3-...233833012.html

Moral of the Story: Read the fine print for online purchases

n2oinferno · 11-17-2013, 12:41 AM

My wife showed me this on Reddit yesterday. Fined for exercising your first amendment rights. Only one thing for her to do in this case. Lawyer up!

Kelbyat07 · 11-17-2013, 12:46 AM

Well that's lame. And it is also kind of sketchy if a company has to make the buyer agree to not write any negative review on the company.

tonylop33 · 11-17-2013, 01:11 AM

Very shady business practices and possible fraud based on some of actions described in the article...claiming a BBB "A" rating when not true.

But this is not a 1st amendment violation. For it to be a 1st amendment violation, it would have to be the government that was preventing free speech.

"The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech."

(http://www.law.cornell.edu/wex/first_amendment)

"Does the First Amendment apply to private companies and organizations?
No. The First Amendment applies to the government — to protect individuals from government censorship. While the text of the First Amendment says “Congress shall make no law … abridging the freedom of speech,” it means that no federal, state or local government official can infringe on your free-speech rights. A private company is not a government or state and therefore generally is not subject to the requirements of the First Amendment."

(http://1forall.us/about/the-first-amendment)

ihaskrayon · 11-17-2013, 11:19 AM

Okay, so if in my fine print I say, "If you pay the full amount of your outstanding balance, you will be fined $1 trillion that must be then paid in full 30 days later."

Do I get my $1 trillion? Nope

She will win in court, get lots of money and that business will be done in the next year

11-16-2013, 12:25 PM	#1
White64Goat Senior Member Join Date: Jun 2012 Drives: 13 BRZ CBS LTD MT, 02 WRX Location: Fred. Co. Md. Posts: 2,351 Thanks: 65 Thanked 1,113 Times in 628 Posts Mentioned: 19 Post(s) Tagged: 1 Thread(s)	Want to Write a Scathing Review of a Vendor? You might want to read this story before you do.......... http://news.yahoo.com/woman-gets--3-...233833012.html Moral of the Story: Read the fine print for online purchases

11-17-2013, 12:46 AM	#3
Kelbyat07 Poor College Kid Join Date: Mar 2013 Drives: ~.~ Location: Chicago Posts: 2,801 Thanks: 246 Thanked 2,182 Times in 1,249 Posts Mentioned: 32 Post(s) Tagged: 0 Thread(s)	Well that's lame. And it is also kind of sketchy if a company has to make the buyer agree to not write any negative review on the company. __________________

11-17-2013, 01:11 AM	#4
tonylop33 Certified Car Nut Join Date: Jul 2013 Drives: 2013 BRZ WRB Limited 6MT Location: SF Bay Area Posts: 479 Thanks: 130 Thanked 113 Times in 67 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s)	Very shady business practices and possible fraud based on some of actions described in the article...claiming a BBB "A" rating when not true. But this is not a 1st amendment violation. For it to be a 1st amendment violation, it would have to be the government that was preventing free speech. "The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech." (http://www.law.cornell.edu/wex/first_amendment) "Does the First Amendment apply to private companies and organizations? No. The First Amendment applies to the government — to protect individuals from government censorship. While the text of the First Amendment says “Congress shall make no law … abridging the freedom of speech,” it means that no federal, state or local government official can infringe on your free-speech rights. A private company is not a government or state and therefore generally is not subject to the requirements of the First Amendment." (http://1forall.us/about/the-first-amendment) __________________ Prior cars: 2011 GT-R (still owned), 2007 Saleen Parnelli Jones Mustang, 2007 Mini Cooper S, 2004 MazdaSpeed Miata Turbo, 2003 G35 Sports Coupe, 2002 WRX, 2001 Z28 SS, 2000 300ZX, 1995 BMW M3, 1882 Nissan 280ZX, 1981 RX7, 1978 Camaro Z28, 1968 Shelby GT 350

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11-17-2013, 12:41 AM	#2
n2oinferno Praise Helix! Join Date: Jan 2011 Drives: Accord 2.0T, Silverado Location: Upstate SC Posts: 2,859 Thanks: 428 Thanked 2,208 Times in 1,072 Posts Mentioned: 11 Post(s) Tagged: 1 Thread(s)	My wife showed me this on Reddit yesterday. Fined for exercising your first amendment rights. Only one thing for her to do in this case. Lawyer up!

11-17-2013, 11:19 AM	#5
ihaskrayon The Comedian Join Date: Jun 2012 Drives: SWP BRZ Limited Location: Irvine Posts: 969 Thanks: 94 Thanked 642 Times in 266 Posts Mentioned: 12 Post(s) Tagged: 0 Thread(s)	Okay, so if in my fine print I say, "If you pay the full amount of your outstanding balance, you will be fined $1 trillion that must be then paid in full 30 days later." Do I get my $1 trillion? Nope She will win in court, get lots of money and that business will be done in the next year

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