Legislation authored by U.S. Rep. Leonard Lance (R-NJ) to ensure consumer experiences can be voiced without fear of retribution recently passed the Senate by unanimous consent and now goes to President Barack Obama in order to be signed into law.
The Consumer Review Fairness Act, H.R. 5111 was introduced in response to consumers facing multimillion-dollar lawsuits for posting truthful reviews of their experiences online.
“Online reviews and ratings are critical in the 21st century, and consumers should be able to post, comment and tweet their honest and accurate feedback without fear of retribution,” Lance said.
Some businesses, frustrated by online criticism, have buried non-disparagement clauses in the fine print of form contracts to retaliate against consumers.
The Consumer Review Fairness Act would prohibit the use of “gag clauses” or non-disparagement clauses in contracts that preempt consumers from voicing opinions about goods and services.
“In today’s economy, it is easier than ever for consumers to make informed choices on which business or service to use by consulting websites and apps that publish crowd-sourced reviews of local businesses and restaurants,” Lance said. “Consumer reviews are a powerful informational tool because consumers place a high value on the truthful reviews of other consumers.”
The measure would protect the integrity of the online crowd-sourcing economy, Lance said, and ensure that companies can still remove false or defamatory reviews.
In applauding passage of the bill, U.S. Rep. Darrell Issa (R-CA) urged the president to sign the bill into law immediately to protect the freedom and openness of the internet.
The internet is meant to be an open forum for the free exchange of ideas, Issa said, not a place where comments are censored by some people who find them unfavorable.
“The bill we’ve now sent to the president’s desk will ensure that the internet remains a place where the freedom of speech can thrive and protect honest consumers from retaliatory litigation,” Issa added.
U.S. Sen. Steve Daines (R-MT) applauded the bill’s passage, adding, “Today was a good day for the First Amendment rights of Americans.”
“This legislation protects folks who provide honest feedback about the products and services they purchase,” Daines said. “I look forward to continuing to read open and honest reviews online.”