Thursday, October 15, 2009

Waiver of Jury Trial Rant

Ok, it's been a few years since Business Law, but I seem to remember a generalized statement of law that signifies that you can not sign away your rights, no matter what agreement you enter into and what ever contracts you sign, you CAN NOT sign away your legal rights.

Every citizen in the United States has the right to a jury trial. These are especially good if 1.) you are guilty of a crime and want to attempt to persuade a crop of your own folk to side with you on an emotional basis, or 2.) you are more like your peers than the other guy is.

In the case of PNC, it's more likely that YOU are more like a jury of your peers than a whole gaggle of corporate lawyers.

Believe it or not, some times those jury fellas just don't 'bond' with the high paid, high-pressure, Harvard types.

So, in order to put the pressure on all of us Provident Bank-->National City-->PNC Bank wussies, they're sending out a pamphlet that states that we somehow have already given our voluntary consent to waive our U.S. Constitutional rights to a trial by jury, one of our most fundamental civil rights.

How freaking creepy/wrong is that? I seriously hope all of the PNC customers understand that this is NOT legal and that they shouldn't allow PNC laywers to bully them into arbitration when and if real damages are caused by PNC.

Much like the ridiculous signs in the coat check area that state that they "Are not responsible for lost or damaged items" THEY ARE.

Just because someone has a sign up that says, "It aint my fault if I put a rock through your car window" doesn't mean they aren't. THEY ARE.

When you see a sign at the car repair facility that says "Not responsible for items left in the vehicle" when it's on THEIR LOT, guess what? THEY ARE.

If you sign a contract when you walk into a beauty parlor that says, "I won't sue you if I burn your scalp with harmful chemicals" and they actually burn your scalp with harmful chemicals... guess what? You can sue.

Tried and tested over and over again because business owners think they are protected when they hang up a sign that says "Nuh UH, don't blame me."

PNC: You have seriously lost my respect, and you may have lost my business.

Creepy wrongness, dudes.

1 comment:

Mike said...

Arbitration clauses are very common in in the Financial Services Industry. Legal or not, it's very common place. I'm sure you and others reading this have signed this right away many times before, and probabbly don't even realize it.