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Today we have an update on a story we told you a month ago. a utah couple is fighting back against an online retailer, suing kleargear.com after the company fined them $3,500 after writing a negative review online. let me bring you up to speed on the details. >> reporter: a utah couple fined $3,500 for writing a negative review of kleargear.com is now suing the merchant for retaliating against them, according to a lawsuit filed wednesday on behalf of the couple. john and jen palmer bought a few christmas gifts from the website in 2008. but they say the items never arrived and their calls went ...

Right? here is your very kachl warning. as pamela brown explains right now, there's a couple in salt lake city, and they complained just like that. and now they're paying for it big time. ruined credit rating and a $3500 fee. >> reporter: john palmer bought a few christmas gift for his wife jen on the website kleargear.com in 2008. never imagining that he would be paying the price five years later. they say the items never arrived. and the tans action was canceled. >> after 30 days or so, pay pal said there's no activity here and they turned around and gave the money back into my husband's acc...

That was willing to finance us, because of the huge ding this puts on our credit. >> they tried multiple phone numbers, all of them disconnected. kleargear.com did respond to our affiliate depending its actions. the palmers say they are taking their fight all the way to court. >> we don't want them to get away with. apparently, we are not the only people they have done this to. we are the only ones that are fighting back and we're not giving up. >> the better business bureau is now investigating and has put the company on alert. to protect yourself during this busy holiday shopping season, ret...

Contract. this contract is not fair and frankly it would be thrown out by any court. >> reporter: we found other examples of nondisparagement clauses. including this one from a vacation rental company threatening to charge customers up to or $10,000 in damages if a post isn't removed. the company told cnn it stands by its practice. the palmer's couldn't take down the review and refused to pay up. kleargear then reported the bims as unpaid to the collections company. >> it was bad enough that when we went to get our second cars it took them a month to find a bank that was willing to finance us ...

Human being. no extensions work. fast forward three and a half years, they received this e-mail appearing to be from kleargear sating that they be find $3500 if the negative review wasn't taken down in 72 hours. >> we were shocked that somebody would attempt to do this. it's ridiculous. >> have you ever heard of anything like this? >> never heard of anything like this happening to the consumer. only because retailers mainly protect the consumer. >> reporter: the e-mail cited this clause that says your acceptance of this sales contract prohibits you from taking any action that negatively impact...