Signed into law yesterday by Governor Jerry Brown, California Civil Code Section 1670.8 now provides that:
A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer's right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.
This statute comes with a fine of up to $2,500 for the first violation, up to $5,000 for the second and subsequent violations, as well as up to $10,000 for a willful, intentional, or reckless violation.
Software product EULAs are sometimes used to forbid negative reviews, and while this is not mentioned specifically in the text of the law, it is a fairly reasonable argument to think that this provision will apply there as well as in places like Yelp.com.
This law only applies in California, not in other states, or in other nations. Even so, it is a step in the right direction.
(Score: 2) by MichaelDavidCrawford on Tuesday May 12 2015, @06:50AM
you're thinking of settlements.
I have some lawsuits in mind; in each case I'm contemplating suing for one dollar in damages. That's to send the message that I won't settle. I want a jury judgement, as well as a judge's written opinion, and precedent.
Rather worse than the mutual silence enforced by settlements, is that settlements do not create precedent. That's why so many respondents are so quick to settle. We'd all be a lot better off if we refused to accept settlements.
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