A wedding vendor customer claimed the contract she signed prohibited her from leaving a bad review in what was likely an illegal clause. Other individuals have posted about this issue in the past, but in countries like the U.S., you can’t force customers to only leave positive reviews. It defeats the point of reviews, after all.
Of course, some companies will try it anyway, misusing a non-disparagement clause to cover up poor service.
“Beware when someone has all 5 star ratings”
The day after Christmas, journalist Naomi LaChance warned her X followers to keep an eye on companies that seem to only get positive feedback after she spotted something odd in the contract she signed.
“So I learned something new today… I signed a contract with one of our wedding vendors that prevents me from leaving a bad review,” she wrote, “beware when someone has all 5 star ratings.”
She’s not the only one to experience this. User @SpeakOutNow16 chimed in to say their own wedding vendor pulled the same trick.
“Didnt realize it until we fired them!” they said.
These contract shenanigans appear to have become more common within the past year or so. On Reddit, several posts ask about “non-disparagement” clauses in various contracts with businesses or individuals who sold them a service. One from April 2024 also involves a wedding.
“I recently attended a friends wedding where the photographer had written in the contract that all reviews must be 5 stars and must be pre approved by him,” claimed u/black_paperclip.
Another from June said a Canadian company tried this within a settlement agreement in Ontario.
“In this agreement, one of the clauses is a non-disparagement clause which says that I need to pay THEM a substantial money if I post a ‘negative online review,’” said u/cloudstryfe.
Meanwhile, in the U.K., u/MapleMoony is having a similar issue with someone who sold them a van.
Is it legal to bar customers from leaving bad reviews?
Non-disparagement clauses are legal in some countries and in some situations. However, in the U.S., the Consumer Review Fairness Act (CRFA) of 2016 protected all “honest” customer reviews, good or bad. This means that contracts which prohibit bad reviews or try to punish customers for leaving them are illegal.
“Contracts that prohibit honest reviews, or threaten legal action over them, harm people who rely on reviews when making their purchase decisions,” the U.S. Federal Trade Commission (FTC) wrote. “But another group is also harmed when others try to squelch honest negative reviews: businesses that work hard to earn positive reviews.”
The law also bars any contract that “requires people to give up their intellectual property rights in the content of their reviews.” There are exceptions for any review that is misleading or “libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic.”
Companies who violate this law could be subject to financial penalties. Anyone who already signed a contract like this need not fear repercussions—the document is unenforceable.
Anyone who sells a product or service also can’t legally suppress reviews they don’t like. In 2022, the FTC fined online fashion retailer Fashion Nova, LLC $4.2 million for blocking bad reviews.
The Daily Dot has reached out to @lachancenaomi27 for comment via X.
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