KlearGear Defends $3,500 Non-Disparagement Fee, Says Court Ruling Doesn’t Count

The Terms of sale on the KlearGear website included this Non-Disparagement Clause that tried to put customers on the hook for $3,500 if they dared to complain about bad transactions.

Last week, a federal court in Utah issued a default judgment in favor of consumers who had been slapped with a $3,500 “non-disparagement fee” from e-tailer KlearGear.com because they wrote something negative about a failed transaction online. The company failed to show up to court to defend itself, but now claims it will fight that judgment because mail about the case was sent to the wrong address. [More]

EA Makes Case That It Shouldn’t Be Part Of Lawsuit Over NCAA Games

EA Makes Case That It Shouldn’t Be Part Of Lawsuit Over NCAA Games

Even though reigning, two-time Worst Company In America Electronic Arts is no longer in the video game business with the folks at the NCAA, the once-inseparable couple are both defendants in an antitrust lawsuit brought by former college athletes who allege that NCAA-branded games illegally made money from the players’ likenesses. Now EA is distancing itself even further from NCAA, claiming it was just doing what NCAA told it to do. [More]