The company is billing me $3500 dollars for posting a review. They are claiming I violated the non disparagement clause in the terms and conditions which was indeed a click wrap. They say if I don't pay they will send me to collections. Can they actually validate this debt? Don't they have to ?
My only response at this time is "Wow - that takes a lot of balls on their part." On these facts, and without reading your agreement, I personally don’t see that it is enforceable. The problem is, if they send you to collections, they can try and screw with your credit even if they haven’t sued you. Is this a personal purchase, or was this for a business? There are different constitutional standards for free speech for individuals (which is an almost absolute right to say almost anything) and businesses (which have curtailed speech rights.) I would print out the agreement and contact an attorney to have it reviewed. You may have agreed to all kinds of other stuff that you aren’t even aware of. Is this an American company or is it a foreign company? If you would like, I would be happy to review it, or if you would prefer, I can recommend a couple of good firms on your side of the state. Let me know.