Wells Fargo says that its customers gave up right to sue by having their signatures forged

boing
61

Customers need to demand that bank robbery charges need to be placed against the the bank by the FBI and DoJ, and should anyone try to drop the charges, the person(s) should be charged with accessory after the fact and be sitting right next to the people from the bank who are directly connected to the bank robberies.

1 Like
62

Y’all really need to quit letting Cory write about legal topics. It’s by now quite clear that he will post whatever he believes to be the case without no regard to the actual law. (For a variation of this, see his post about the scandal of the Washington football team suing Native Americans because the Native Americans got the team’s trademark canceled, without realizing that was a statutory method for appealing the cancellation.)

Wells Fargo is NOT claiming that a forged signature requires a plaintiff to arbitrate. They are claiming that a real signature requires a plaintiff to arbitrate claims that involve forgery. I happen to think this is wrong and bad! But it simply isn’t at all “this forged signature says you have to arbitrate.” And that difference matters quite a lot in terms of potential outcomes.

2 Likes
63

I get that this concerns the civil case but isn’t forging a signature for the purpose of fraud a crime somewhere? What about the criminal case?

1 Like
64

A criminal case against a bank?

8 Likes
65

When you go to the cops, you get told “this is a civil matter, we don’t have the resources.”

1 Like
66

I didn’t think of that (and didn’t bother to read the agreement). In that case, I was wrong to say that the agreement the customer (really) signed lets Wells Fargo avoid a suit. Also, it sounds like some attorney should get dinged at his next review.

67

I don’t think arbitration clauses should be enforceable. Also, if (as people have mentioned) this particular arbitration clause mentions disputes about “your account”, then the victims can logically argue that that was never their account.

But if the arbitration clause covered any aspects of the relationship between Wells Fargo and their customer (as it should – if you’re going to be a dick, be a competent dick), and not just one particular account, then it should be as enforceable as any other arbitration clause. Meaning, under current law, completely enforceable.

68

This topic was automatically closed after 5 days. New replies are no longer allowed.