Expert: Morgan Smith - 6/6/2011

Question
I have received a third party authorization form from the BBB that appears to be worded to support the bank that has been fraudulently charging me. This is the paragraph in question which seems to support them without even giving me a chance. "I/we will indemnify and hold ""Bank and it's directors, officers and employees harmless from any and all liablilities and costs, including attorneys fees, which may be incurred by relying upon this authorization." Does this seem fair or worded properly. It seems what it is saying, is if releasing this information does in fact prove them guilty of wrongdoing that I cannot sue. Is this the case? I find it strange that this was sent to me by the BBB. Please, any help would be appreciated.

Answer
Dear James,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about the terms of a contract.  I think my old contracts professor would have me shot if I didn't see the entire contract before offering any opinion.

My suggestion is to take the form to an attorney who can review the entire document, and give you advice about the questionable paragraph and the rest.

My guess is that since you refer to it as a third party authorization form from the BBB that it is similar to another document that I have seen.  Based on that guess, and the language you provide, I think the meaning of the quote is that you are authorizing the bank to participate with the BBB in your dispute, and you are authorizing them to share certain information like your account number etc., and that you are promising not to sue them for acting on your authorization.  The purpose behind a document like the one you describe is so the bank can communicate with the BBB about your dispute without you suing them just for talking to the BBB about your problem.

IF you are not comfortable with the terms of an agreement, I would not sign it.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
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