The technology company says this means that their claim must be withdrawn from the Samsung Group action and maintained until the arbitration hearings are completed. We secured a great victory in the Ninth Circuit, which said that the silence of consumers – in this case their refusal to unsubscribe – did not mean that they accepted conciliation, especially if the arbitration agreement was hidden in a warranty book in a box of products. The opinion, as well as a decision made on the same day in an accompanying case called Norcia v. Samsung Telecommunications America LLC, criticizes a growing trend in which companies are trying to deprive consumers of their rights by slipping arbitration clauses where consumers are unlikely to look. Referring to the Supreme Court, Samsung found that the 9th Circuit decided that the guarantee was valid, with the exception of arbitration. Samsung argued that the 9th Circuit ruling violated a U.S. law called the Federal Arbitration Act, which requires arbitration agreements to be treated in the same way with other contracts. For Samsung, the request to force arbitration is the first step in knowing how many customers have agreed to settle disputes in this way. Neither Daniel Norcia, who owned a Galaxy S4 device, nor Hoai Dang, who owned a SIII, saw the arbitration rules when they purchased the phone because the language was placed at the bottom of the warranty brochure and was not mentioned on the box, according to their legal papers. A few weeks earlier, the Ninth Circuit had achieved a similar result with respect to Samsung`s ability to force arbitrations on class applications via its phones. In Norcia v.
Samsung Telecommunications America, LLC, 2017 WL 218027 (9th Cir. 19 Jan 2017), the alleged class complained of misrepresentations concerning the Galaxy S4 phone. Samsung moved to force arbitration. The regional court rejected the application and the Ninth Arrondissement upheld it. Mr. Norcia`s receipt from the Verizon Wireless Store stated, “I agree with… Dispute resolution through arbitration and other means instead of jury trials and other important concepts in the client agreement. But the customer agreement only mentioned Verizon Wireless, so Samsung could not use that language. In the phone box was a 101-page brochure entitled “Product Safety – Warranty Information,” which contained a statement that “all disputes with Samsung arising from this limited warranty or the sale, condition or performance of the products are settled exclusively by final and binding arbitration.” ComplainantCindy Seminatore reportedly signed an arbitration agreement when she obtained her Galaxy S7, which means she has to go through this lawsuit.
READ THIS INFORMATION BEFORE USING YOUR MOBILE DEVICE. Arbitration Agreement – This product is subject to a binding arbitration agreement between you and SAMSUNG ELECTRONICS AMERICA, INC. (“Samsung”). You can opt out of the agreement within 30 calendar days of the first consumer purchase by sending firstname.lastname@example.org or by phone to 1-800-SAMSUNG (726-7864) and providing the appropriate information.