Full question:
Is it legal for a warranty/service agreementprovider to include a confidentiality statement that would prevent me from having a lawyer examine the terms and conditions of my own warranty? The company is Consumer Priority Services. Is it possible to bring suit against this warranty provider in any court having received compensation from my credit card company in the form of a charge back on the warrantor. Camera Kings who sold me a 5 year extended warranty on a camera lens and I placed the dispute against this company. However, although they weren't directly involved in this dispute they probably suffered some monetary loss or a majority of the loss involved in this particular situation. Is legal action in terms of a civil suit possible due to this statement that appears to betotally illegal. Is it worth it to pursue this line of action or even possible as both of these companies are located in Brooklyn,NY and are ongoing criminal organizations. Neither company is incorporated and probably not licensed in New York.
- Category: Warranties
- Date:
- State: Georgia
Answer:
A confidentiality agreement cannot generally prevent you from having an attorney review it. The enforceability of such a clause depends on various factors, including the specific terms of the agreement and whether the attorney-client privilege applies. Even if a company is engaged in illegal activities, it cannot create a legal contract to facilitate those activities.
The language of the contract is crucial in determining if it waives your right to sue. Courts will consider factors like how clearly the waiver is stated, if there was any fraudulent inducement, and what you received in exchange for the waiver.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.