If it was just plain old trademark/copyright law, you’d be right.
It sounds like Tesla are basically saying that you signed an NDA/non-disparagement clause when you bought the vehicle, and therefore it’s a contract dispute.
The Consumer Review Fairness Act makes it illegal for companies to include standardized provisions that threaten or penalize people for posting honest reviews.
They can’t necessarily use a “contract” as a defense.
i don't see that anywhere in the notice and such a clause would be unconscionable, IANAL.
All the notice claims is "violations of [ToS], including misuse of Tesla's trademarks and brand identifiers in media content that falsely implies endorsement, sponsorship, or affiliation with Tesla."
This interpretation of the ToS could be deemed unconscionable, but that seems like the kind of argument that takes a judge and 5-6 figures in legal fees to settle.
An arbitrator is just going to read it, say ‘yup, you broke the rule’, and side with the company.
SomeoneSomewhere@lemmy.nz 3 weeks ago
If it was just plain old trademark/copyright law, you’d be right.
It sounds like Tesla are basically saying that you signed an NDA/non-disparagement clause when you bought the vehicle, and therefore it’s a contract dispute.
Doh.
grue@lemmy.world 3 weeks ago
I am sick and tired of the war on our property rights.
radix@lemmy.world 3 weeks ago
While not a “review” in the traditional sense, I hope it would fall under the CRFA anyway.
ftc.gov/…/consumer-review-fairness-act-what-busin…
They can’t necessarily use a “contract” as a defense.
SomeoneSomewhere@lemmy.nz 3 weeks ago
I would hope so. CFRA seems to be the only explicit protection.
Aatube@kbin.melroy.org 3 weeks ago
i don't see that anywhere in the notice and such a clause would be unconscionable, IANAL.
All the notice claims is "violations of [ToS], including misuse of Tesla's trademarks and brand identifiers in media content that falsely implies endorsement, sponsorship, or affiliation with Tesla."
SomeoneSomewhere@lemmy.nz 3 weeks ago
ToS is effectively a contract.
This interpretation of the ToS could be deemed unconscionable, but that seems like the kind of argument that takes a judge and 5-6 figures in legal fees to settle.
An arbitrator is just going to read it, say ‘yup, you broke the rule’, and side with the company.