How would a class action waiver affect my data breach or consumer fraud claims?
My name is Tim Peter and I'm an attorney at Faruqi & Faruqi.
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.