Can a Confidentiality Agreement Prevent Consulting an Attorney?

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.

Answer:

Whether a confidentiality agreement can prevent having an attorney review it depends on all the circumstances involved, such as the terms of the agreement, the information that is to be kept confidential, and whether the attorney-client privilege applies. While a criminal entity may make a legal contract, it cannot make a legal contract to do something illegal or abet a criminal act.

The language of the contract clause will also be important to determine whether it constitutes a waiver of the right to sue. Some of the factors that may be considered by the court in deciding to enforce a waiver of the right to sue, among others, include the conspicuous nature of the contract language, the presence of any fraudulent inducement, and the consideration received in return 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.

FAQs

A breach of implied warranty for services occurs when a service provider fails to perform services to a reasonable standard or does not meet the expectations of quality that are generally accepted. This means that the service provided is not fit for its intended purpose or does not meet the basic requirements that a customer can reasonably expect. If you believe a service provider has breached this implied warranty, you may have grounds for a legal claim.