On the recordNovember 29, 2016
Mr. President, as chairman of the Commerce, Science, and Transportation Committee, which has jurisdiction over consumer protection matters, I introduced the bipartisan Consumer Review Freedom Act last year, along with Senators Schatz and Moran, and cosponsored by Senators McCaskill, Daines, Blumenthal, Nelson, Booker, and Wyden, to address a growing and alarming trend affecting American consumers in the United States. Some businesses are slipping so-called gag clauses into form contracts to stop consumers from providing critical feedback to the public, even when that feedback is an honest reflection of the consumer experience. This legislation, and companion legislation agreed to in the House of Representatives would invalidate nondisparagement clauses in form contracts and make it unlawful for a person to offer or enter into a contract containing a nonnegotiable nondisparagement clause. Both bills contain a rule of construction to clarify that the legislation should not be construed to affect the right of a Web site owner to remove a review that ``contains the personal information or likeness of another person or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic.'' This language is simply intended to preserve the existing ability of Web site operators to enforce such terms of service.…





