The Consumer Review Fairness Act (CRFA) is a federal law passed in 2016, codified at 15 U.S.C. § 45b. It was written to stop businesses from using fine print to silence customers. If you've ever wondered whether a membership agreement or terms of service can stop you from posting a negative review, this is the law that answers it.
What the CRFA does
It makes void from the start any provision in a form contract that:
- prohibits or restricts a consumer from reviewing the business's goods, services or conduct,
- imposes a penalty or fee for posting a review, or
- transfers or requires the consumer to give up intellectual property rights in their review.
It also makes it unlawful for a business to offer form contracts containing those provisions.
What counts as a form contract
Standardized terms the consumer doesn't get to negotiate: online terms of service, app agreements, membership sign-up terms, fine print on receipts.
What the CRFA does not protect
| Not protected | Example |
|---|---|
| False or misleading statements | Claiming something happened that didn't |
| Defamatory content | False facts that harm reputation |
| Private or confidential information | Someone's personal data |
| Content unrelated to the business | Off-topic posts |
| Unlawful or abusive content | Threats, harassment |
Businesses can still remove or ask platforms to remove content in those categories.
Who enforces it
The Federal Trade Commission (FTC) and state attorneys general.
Why it matters for car wash memberships
If a membership agreement tried to forbid you from reviewing the wash or charge you for doing so, that clause would generally be void. You can still post an honest, factual review.
Bottom line
Tell the truth, label opinions as opinions, keep it about your experience, and the fine print can't stop you.
A short history
Before 2016, some businesses buried "non-disparagement" clauses in their fine print and tried to fine customers for negative reviews. Congress responded with the CRFA, which took effect in 2017 and applies nationwide.
What a void clause looks like
| Clause | Under the CRFA |
|---|---|
| "Customer agrees not to post negative reviews." | Void |
| "A $500 fee applies to any disparaging review." | Void |
| "Customer assigns copyright in any review to the company." | Void |
| "Customer may not post false statements." | Allowed; false statements aren't protected anyway |
What to do if a business cites a gag clause
Stay calm, keep your review factual, and save the communication. You can report the clause to the FTC or the Florida Attorney General.
Related protections
The CRFA works alongside the First Amendment and state law. Florida's anti-SLAPP statute, § 768.295, adds protection against meritless lawsuits aimed at silencing speech on public issues. See your First Amendment rights.