LAS VEGAS (KTNV) — Many of us were brought up being taught that if you can't say something nice, don't say anything at all, but that's not the case with online reviews in today's digital age.
Consumers count on the good, the bad and the ugly to help them make informed decisions about a product or service.
Some local companies are trying to prevent certain posts by putting a contractual muzzle on customers.
Rebecca Garcia is working to support her son in every way she can.
His struggle with weight is an emotional topic.
"It's been an issue off and on, but mainly, when I look at my son, I could see it being an issue even at that young age. And so, I thought, hey, let's get a hold of it now," she said.
Intrigued by an ad for Fast Fit body sculpting, which promises surgical weight loss results without the surgery, she and then 9-year-old Nehemiah went for a consultation at Fast Fit's Centennial Hills location, where Garcia signed five-page contracts for herself and her son, which totaled about $10,000
"They expressed that it was for all ages," Garcia explained. "It was an investment in my son, for my son, so that we could do this journey together."
The Fast Fit program combines certain technologies along with modified diet, aerobic exercise and taking supplements like magnesium.
When Garcia didn't see results, she began to believe it was too good to be true.
"We would walk in together and we would lay down on this mat, and I was thinking that all these technologies were going to supplement and kickstart my son's weight loss journey... and... nothing."
She pondered sharing her experience with others by posting an online review but said she quit before her fingers hit the keyboard after consulting with her lawyer.
"They are preventing the community from voicing their opinions about their services," said Las Vegas consumer attorney George West.
In October in Clark County District Court, West filed a lawsuit against Fast Fit over what he calls a "muzzle clause" in the company's contract.
"It is illegal and deceptive in our state," West said.
The lawsuit accuses Fast Fit and its owner Doug Zucco of deceptive trade practices and consumer fraud.
In court records, Zucco denies all the allegations.
He told 13 Investigates his attorney advised him not to comment for our story due to the pending litigation.
Fast Fit's contract states that consumers, "Will not disparage Fast Fit in any way, including verbally, in public, or on social media" if they "do not follow the outlined program."
It also says Fast Fit can come after the customer for damages.
"It's not like, 'You just can't do this.' It's, 'If you do, we can sue you and then you can pay for our damages and potentially our attorneys' fees,'" West said, adding that it doesn't matter whether consumers follow Fast Fit's outlined program because in 2017, state lawmakers gave Nevada consumers the absolute right to leave a "non-defamatory negative or adverse review."
Even though Garcia signed the contract, West explains that, "It is not only illegal, it is absolutely 100% unenforceable."
Fast Fit isn't the only business to include a muzzle clause in its contract.
"They are becoming more prevalent even though there are laws against them," West said. "There's actually a federal law against it too that reads very similar to Nevada's."
Last year, 13 investigates exposed Greencare Pool Builder after working with former federal criminal investigator Kay Dean to expose Greencare's fake five-star reviews.
After that report, we learned of a clause in Greencare's contract which states that Greencare customers "agree that they will not make or publish, or cause to be made or published, any disparaging information... on the internet, any public domain or otherwise..."
After an unsatisfied customer posted a negative review online, Greencare co-owner Tim Hanlon left a voicemail message saying, "... Could you please remove that review that you put up on Yelp? Item 14 of your contract--you're actually in breach of contract by putting that review up."
"But that is the cost of business," West said. "People have a right to express their opinions and factually tell people why they weren't satisfied."
West said muzzle clauses harm both consumers and the business marketplace.
When we reached out to Greencare about their clause, managing partner John Reese thanked us for bringing it to his attention, saying it would be immediately removed.
"It was written over 10 years ago by our attorney," Reese wrote. "He put it in the arbitration section of the contract which all contractors have. I have also reached out to some of our fellow contractors to make them aware."
As for Rebecca Garcia and her son, instead of Fast Fit, they're relying on fast feet, taking their weight loss journey hand in hand, one step at a time.
Garcia's lawsuit is proceeding through the court system and is currently set for trial in May of 2025.
So, as these muzzle clauses are becoming more prevalent, what should consumers do?
If you're doing business online, the clause could be hidden in the terms and conditions, which most of us don't read, but it's important that you do read every line of any contract before you sign it.
That being said, remember that if it's a Nevada business, consumers can't agree to a muzzle clause because it's illegal in our state and therefore unenforceable.
If a company or contractor is trying to muzzle you, you may want to think twice before doing business with them.
