What do dentists, wedding photographers, moving companies, locksmiths and online retailers all have in common? Answer: They have each tried to limit negative online customer reviews via nondisparagement clauses in their service agreements.
Traditionally found in negotiated settlement or employee severance agreements, nondisparagement (or “no review”) clauses are now making their way into non-negotiated service contracts and the oft-ignored terms and conditions of online retailers. With scant decisional case law on point, courts have yet to directly address the fairness (read: enforceability) of these clauses.
