Senate Commerce Approves Six Bills, Including Consumer Review Freedom Act

The Senate Commerce Committee approved six bills and approved nominations for two agencies. Notably, the Committee approved the Consumer Review Freedom Act of 2015 (S 2044), aimed at protecting the right of consumers to leave negative online reviews about businesses. “Reviews offering blunt and honest criticism play an increasingly important role in helping customers select the best products and services,” said Senate Commerce Committee Chairman John Thune (R-SD), who introduced the bill. “The Consumer Review Freedom Act is needed so consumers can benefit from the experiences of others through the open exchange of information.”

The Committee held a hearing on the issue on Nov 4, with testimony from Jen Palmer, a plaintiff in Palmer v. KlearGear, where a company demanded the removal of a negative online review or payment of $3,500 in fines because the online merchant’s terms of service included a non-disparagement clause. When the review was not taken down, the company reported the unpaid $3,500 to a credit reporting agency as an outstanding debt, which negatively impacted the Palmers’ credit. The legislation, which covers only contracts with consumers and not employees, has the support of consumer-advocacy groups and online-review websites like TripAdvisor and Yelp. The bill now heads to the Senate floor for consideration.