Earlier this week, California enacted a law that protects consumers from businesses that want to ban them from providing truthful negative online reviews. Yelp supported AB 2365 and stated, "AB 2365 makes it explicitly clear that non-disparagement clauses in
consumer contracts for goods or services in the state of California are
void and unenforceable. What this means is that individuals writing
online reviews in California are now further protected from those bad
actors who hide jargon in consumer contracts in attempts to prohibit you
from posting reviews -- positive or negative -- online."
I wrote about this legislation on April 23, 2014 and then again on August 30, 2014 because it is an important digital freedom of speech issue. According to the Digital Media Law Project, 28 states have Anti-SLAPP (Strategic Lawsuits Against Public Participation) statutes. States that have enacted Anti-SLAPP laws and/or recognized Anti-SLAPP protections via case law may provide some protections for their citizens.
While I believe Anti-SLAPP laws may help to ensure that citizens aren't silenced for publicizing unpopular opinions, they may not always protect consumers from sneaky terms of service that companies such as Kleargear.com may slip into their agreements with customers. Therefore, it wouldn't surprise me if more states enact similar "Yelp" inspired laws.
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