Pool Company Threatens $3,500 Fine, Voids Customer Warranty Over Negative Review

Pool Company Threatens $3,500 Fine, Voids Customer Warranty Over Negative Review
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    A TEXAS COMPANY IS
    THREATENING TO FINE A LOCAL
    COMPANY $3,500 AND VOID THEIR
    WARRANTY FOR WRITING A NEGATIVE
    REVIEW.
    THIS IS AGAINST ANY LAWS?
    THE FEDERAL CONSUMER REVIEW
    FAIRNESS ACT WAS PASSED IN LATE
    2016.
    IT PROTECTS YOUR RIGHT TO LEAVE
    AN HONEST REVIEW.
    BUT ONE PLANO COMPANY DIDN'T
    GET THE MEMO.
    IT WAS PERFECT.
    Reporter: CASEY AND MICHAEL
    CORCORAN DREAMED OF A BIG
    BACKYARD POOL.
    I PUT A PICTURE ON MY
    COMPUTER AND SAID OKAY, WE CAN
    DO IT NOW.
    Reporter: THEY HIRE
    PREMIERE POOLS AND SPAS IN
    PLANO AND PAID THEM NEARLY
    $80,000.
    THEY WERE EXCITED ABOUT
    DESIGN.
    Reporter: THEY SAID THERE
    WERE ISSUES WITH PLUMBERS NOT
    BEING FILED AND WORKERS NOT
    SHOWING UP.
    BUT THE BIGGEST COMPLAINT, HOW
    THE COMPANY INSTALLED THE CAP
    FOR THE EDGE OF THE POOL.
    I WAS, LIKE, I FEEL LIKE
    SOMEONE IS PLAYING A JOKE ON
    US.
    THIS LOOKS TERRIBLE.
    Reporter: THEY SAID THEY
    FIXED IT AND PROMISED TO FINISH
    THE PROJECT.
    THEN THEY STOPPED COMING AGAIN.
    I HAD IT.
    IT WAS THE TRUTH.
    IT WAS COMPLETELY THE TRUTH.
    OUR PROJECT MANAGER AND SALES
    GUY SHOWED UP WITHIN AN HOUR
    AND WERE IN THE BACKYARD GOING
    THROUGH EVERY PROBLEM.
    Reporter: ONCE THE POOL WAS
    FINISHED, THE COMPANY
    REPEATEDLY ASKED THEM TO TAKE
    IT DOWN.
    THE OPERATIONS MANAGER
    CALLED ME, HE SAID HAVE YOU
    READ YOUR CONTRACT?
    YOU CAN'T POST REVIEWS, WE CAN
    CHARGE YOU $3,500, WE CAN
    REPORT YOU TO THE CREDIT
    BUREAU.
    Reporter: PREMIERE SENT A
    LETTER SAYING THE GOOGLE HIT
    VOIDED THEIR WARRANTY.
    WHILE SHE TOOK DOWN HER FIRST
    REVIEW, SHE WROTE A SECOND ONE
    ON BBB.
    HE SAID I NEEDED TO REMOVE
    THAT.
    Reporter: A CLAUSE UNDER
    SECTION 12 OF THE CONTRACT SAYS
    BUYERS POSTING OF ANY COMMENTS,
    PPAS DEEMS AS DISPARAGING, HAS
    TO PAY A $3,500 FEE AND REMOVE
    THE POST."
    BUT THERE'S A PROBLEM.
    THOSE CLAUSES ARE ILLEGAL.
    THANKS TO THE CONSUMER REVIEW
    FAIRNESS ACT WHICH PASSED LAST
    YEAR.
    IT VOIDS ANY CRIMES OF A
    CONTRACT IF IT PROHIBITS
    SOMEONE FROM WRITING AN HONEST
    REVIEW.
    CONGRESS PASSED THE LAW AFTER
    BUSINESSES ACROSS THE COUNTRY
    SUED CUSTOMERS OVER NEGATIVE
    REVIEWS.
    CONSUMER JUSTICE BROKE THE
    STORY IN DALLAS, SUING FOR
    DAMAGES.
    I HAD NO IDEA THIS COULD
    HAPPEN.
    Reporter: PAUL LEVY, A
    REPRESENT 95 WASHINGTON,
    REPRESENTED THEM.
    THIS IS AN OUTRAGE AND THEY
    NEED A LAWYER 67
    Reporter: TWO YEARS LATER,
    HE'S HELPING THE CORCORANS.
    THEY HAVEN'T BEEN ABLE TO
    GET THEIR WARRANTY WORKED OF
    Reporter: THE POOL HAS
    BROKEN LIGHTS AND FAULTY
    DRAINS.
    NO ONE FROM PREMIERE RESPONDED
    TO OUR CALLS AND E-MAILS.
    I DIDN'T WRITE THAT.
    YOU GAVE IT TO THE
    CUSTOMERS TO SIGN?
    THERE'S A CLAUSE IN THAT
    CONTRACT THAT VIOLATES FEDERAL
    LAW.
    DOES THE COMPANY KNOW THAT?
    Reporter: THEY KICKED US
    OUT.
    THEY KEPT SAYING THAT MY
    REVIEW WAS HARMING THEIR
    BUSINESS, AND THAT'S NOT TRUE.
    IT'S THEIR CUSTOMER SERVICE
    THAT HARMED THEIR BUSINESS.
    CASEY SAID THE COMPANY
    STILL HASN'T FIXED THE ISSUES
    WITH THEIR POOL.
    THE BBB TOLD ME THE COMPANY'S
    PROFILE HAS BEEN SUSPENDED OVER
    AN UNANSWERED CONSUMER
    COMPLAINT.
    SO THE FEDERAL STATUTE HAS
    PASSED NOW.
    TALK TO US ABOUT WHAT CAN
    HAPPEN TO BUSINESSES STILL
    USING THE CLAUSES WHICH MAY BE
    STILL HAPPENING, OBVIOUSLY.
    RIGHT.
    THE BUSINESSES ARE STILL USING
    THOSE CLAUSES, THEY CAN BE
    FINED BY THE ATTORNEY GENERAL'S
    OFFICE AND FTC.
    OKAY.
    BUT IT'S GOTTA BE POINTED
    OUT.
    YEAH, AWARENESS.
    AND DOING YOUR HOMEWORK.
    THANK YOU FOR THAT DOING THAT!
    ALL RIGHT.
    SHE'S ALWAYS WORKING FOR
    YOU.
    IF YOU NEED CONSUMER JUSTICE,
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