Can a Company Punish You for Leaving a Bad Review? The Experian Case Explained

Online reviews matter, and companies know it; some even hide language in the fine print to silence negative feedback. In California, that may be against the law. When businesses try to intimidate consumers into staying quiet, Morgan & Morgan steps in to protect your right to speak the truth.

How Companies Try to Control What You Say Online

A single honest review can warn thousands of people before they buy a product or sign up for a service. Recently, Experian, one of the nation’s largest credit reporting agencies, came under fire after consumers alleged the company used its Terms of Use to discourage negative public reviews. It’s a reminder that powerful businesses sometimes try to control the narrative and intimidate everyday people into staying quiet.

What a “Non-Disparagement Clause” Means in Plain English

A non-disparagement clause is a type of legal language that aims to prevent you from making negative statements about a company or its representatives.

It doesn’t matter whether what you say is true, honest, or fair; the clause is designed to shut you up.

In everyday terms?

“You can’t criticize us. If you do, we’ll punish you.”

These clauses are often tucked into subscription agreements, Terms of Service, and contracts we click “Agree” to without a second thought.

How Experian Allegedly Used Fine Print to Silence Consumers

According to allegations, Experian’s Terms of Use included language aimed at preventing customers from posting negative reviews and threatened consequences if they did.

Consumers reported feeling stuck:

• Leave an honest review and risk losing access to a vital financial service, or
• Stay silent and let the problem continue for others.

This type of contractual pressure isn’t just heavy-handed; it can cross a legal line.

Why California Law Protects Your Right to Honest Reviews

California Civil Code §1670.8 makes it unlawful for businesses to put “no-negative-review” terms in consumer contracts. The law says companies can’t threaten customers into silence. That means:

• You can leave a truthful negative review
• Companies can’t penalize you for your opinion
• Fine print cannot override your rights

Your experience and your voice matter. The law recognizes that and enforces it.

How Morgan & Morgan Is Taking Action for Consumers

If you used an Experian premium product and felt pressured into staying silent about your experience, you don’t have to deal with it on your own. At Morgan & Morgan, we believe corporations shouldn’t be allowed to hide behind fine print or intimidate customers into silence.

Our team is pursuing claims to hold Experian accountable for allegedly violating California consumer protection laws and restricting honest feedback. When powerful companies try to suppress your voice instead of fixing the problem, we step in to make sure your rights and your voice are protected.

Why This Matters for Online Speech & Consumer Power

This isn’t just about one company. It’s about your right to speak up when something isn’t right.

If businesses could legally erase critical voices, online reviews would become nothing more than corporate marketing.

Your reviews help:

• Prevent scams
• Hold companies accountable
• Protect other consumers
• Improve industries

When your voice is threatened, everyone loses.

Your Opinion Is Protected Speech; Know Your Rights

Truthful criticism isn’t defamation. It isn’t harmful conduct. It’s free speech, and it helps keep companies honest.

If a business tries to punish you for speaking up, you don’t have to just accept it. You can push back, and the law is on your side. Morgan & Morgan fights to protect consumer voices across the nation, and you don’t pay anything unless we win, because the Fee Is Free™.

If you believe your rights were violated, we’re here to listen. Contact us for a free case evaluation.

Frequently Asked Questions

What is a non-disparagement clause?

A contract term meant to stop you from saying anything negative about a company, even if it's true. These clauses are often hidden in Terms of Service or subscription agreements, and many people are unaware that they’ve agreed to one. In practice, they're designed to discourage honest reviews and protect the company’s image, not the consumer.

Can companies legally ban you from leaving bad reviews?

In California and many other states, these clauses are illegal in consumer contracts. Companies cannot punish you for sharing an honest opinion about your experience. If they try to silence you, threaten your account, or retaliate because of a review, those actions may violate consumer protection laws, and you can take action.

How did Experian allegedly violate California law?

By including terms that discouraged negative reviews, it risked penalties for customers who spoke out against the company.

What protections does California Civil Code §1670.8 provide?

It bans businesses from penalizing customers for posting honest reviews and makes these contract terms void.

Does this law apply outside California?

Some states have similar laws, and federal protections exist, too, but rights can vary. While California has one of the strongest consumer review protection statutes, other states and the federal Consumer Review Fairness Act also prohibit companies from using contracts to silence honest feedback. If you're unsure how your state's laws apply, speaking with an attorney can help you understand your rights.

What should I do if a company threatens to close my account over a review?

Document everything, take screenshots, and consult with a consumer protection attorney. Do not delete your review or communications unless instructed to do so; those records can be important evidence. Companies cannot bully you into silence, and an attorney can help you understand your rights and guide you through the next steps.

Can I be compensated for being silenced online?

Potentially, yes, depending on how the company tried to restrict your speech and what harm you suffered. Compensation may be available if a business’s actions violate consumer protection laws or cause financial or personal harm, such as losing access to a service you paid for. An attorney can evaluate your situation and help determine whether you may have a claim.

How can I determine if my contract includes one of these clauses?

Review the Terms of Service, or ask an attorney to review it for you. These clauses are often buried in lengthy agreements, subscription terms, or “click-to-accept” contracts that most people quickly skim through. If you spot language about “non-disparagement,” “public statements,” or restrictions on reviews or comments, that’s a red flag. When in doubt, a legal professional can help you understand what you’ve agreed to.

What’s the difference between defamation and a negative opinion?

• Defamation: False statements.
• Negative Opinion: Your experience and perspective (protected speech).

In other words, you can’t lie about a business and claim something as fact if it isn’t true. However, you can share your genuine experience, honest feedback, and how a product or service made you feel. Truth and personal opinion are protected, and companies can’t punish you for them.

How do I join the Experian case?

You can complete a case review on our website or speak with a Morgan & Morgan representative about eligibility. Our team will review your experience, look at the terms you agreed to, and determine whether you may have been affected by the alleged unlawful contract language. If you qualify, we’ll guide you through the next steps and assist you in participating in the legal process.