A purchase agreement, service contract, or online checkout may contain a term saying that a customer cannot criticize the business. Another version threatens a charge for a negative review or claims ownership of the customer's feedback. For a Mississippi consumer, the first step is to preserve the actual agreement and identify what the term does.
The federal Consumer Review Fairness Act addresses certain restrictions in consumer form contracts. It does not make every review legally safe or resolve every dispute about a contract.
Start with the type of agreement
Under 15 U.S.C. § 45b, a covered form contract uses standardized terms in selling or leasing goods or services and imposes them on an individual without a meaningful opportunity to negotiate. The definition excludes employer-employee and independent-contractor contracts.
That distinction matters. A consumer's standard service agreement and a negotiated business arrangement should not be treated as interchangeable. Keep the complete terms, attachments, and acceptance record so counsel can assess the actual relationship and language. A clause's heading, such as “confidentiality” or “customer conduct,” is not enough to explain its operation.
Identify the restriction
The Federal Trade Commission's explanation of the Act identifies three kinds of provisions generally made void from the outset in covered form contracts: restrictions on reviews, penalties or fees for reviews, and required transfers of intellectual-property rights in review content. The statute makes an exception for a nonexclusive license to use the content.
For example, a term threatening a fee whenever a customer posts criticism deserves review under this law. That is different from assuming that the entire agreement disappears or that the customer automatically receives damages. The particular clause, covered communication, and statutory exceptions still matter.
Protection has limits
The FTC's business guidance explains that honest opinions about a business's products, services, or conduct can receive protection. Coverage is not limited to a star rating on one review platform; it can include other assessments, including social-media posts.
But the Act preserves defamation, libel, and slander claims and confidentiality duties imposed by law. It also contains exceptions involving private or confidential information, unlawful content, and damaging computer code. A review is not permission to disclose someone else's medical records or private personnel information.
The enacted law also preserves specified rights to remove or refuse content on a website a party controls, including certain abusive, unrelated, or clearly false material. Protection against a prohibited contract term is not a guarantee that a website must display everything a customer submits. Avoid treating “I can review the business” as a complete answer to a demand about a particular statement.
Preserve a usable record
If a business invokes a review restriction, assemble a small, organized set of records:
- The agreement and terms presented when you accepted, including any later changes.
- The receipt, order confirmation, and records of the goods or services involved.
- The complete review, its date and location, and any accompanying photographs.
- The demand, invoice, removal request, or message referring to the restriction.
- A timeline separating what you personally observed from what someone else reported.
Preserve original messages and files before making changes. Do not recreate missing wording from memory and present it as the original. Our text-message preservation guide discusses context and attachments; our contract-dispute evidence guide covers the broader agreement and performance record.
Get advice about the actual demand
The Act provides FTC and state enforcement mechanisms and preserves state-law causes of action. Those provisions do not establish what remedy a particular reader can obtain. A lawyer should assess the demand, available claims and defenses, and any response or court deadline. Do not ignore court papers while researching a review clause.
For a Mississippi contract or civil dispute, start with a brief contract review request. Identify the parties, the issue, and any urgent date. Non-injury consultations are paid; the consultation process explains how the fee and agreed scope are confirmed. Wait for document-delivery instructions before sending sensitive materials. Initial screening is not legal advice, does not extend a deadline, and does not establish representation.