I signed a contract which waived my right to bring a class action. Does that mean I cannot do anything about the fact that I was deceived or was a victim of a data breach?
See informative video here: https://faruqilaw.com/uploads/blog/1575405216-Consumer-TJP-Class-Action-Waivers.mp4
My name is Tim Peter and I'm an attorney at Faruqi & Faurqi.
What you signed is often called a class action waiver. But whether those agreements are legally enforceable by the company against you depends on the circumstances of the agreement. Courts will often look to factors such as whether the contract itself was clearly visible to the consumer, or whether the product packaging or the advertising explicitly disclaimed the existence of a contract. When the contract is hidden, so the consumer is unaware of its existence, the courts often choose not to enforce the agreement and will allow the consumer to bring their class action.
Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in Atlanta, Los Angeles and Philadelphia.
Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.
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Timothy J. Peter is a Partner in Faruqi & Faruqi, LLP’s Pennsylvania office and Chair of the firm’s Consumer Protection Litigation Practice Group.