Samsung Can't Force Galaxy S3 Arb With Hidden Agreement

Law360 (May 21, 2018, 7:23 PM EDT) -- A Pennsylvania federal judge said Monday that Samsung can’t dismiss or force into arbitration a proposed class action seeking damages after a consumer's Galaxy S3 phone allegedly overheated and caused a fire, determining that the company had essentially hidden its arbitration agreement in a 64-page informational booklet.

U.S. District Judge Michael A. Ponsor called Samsung Electronics America Inc.'s arguments in support of its dismissal bid “unpersuasive,” and determined that consumers shouldn’t be bound to agreements that they might struggle to find.

“It is one thing to hold consumers to agreements they have not read; it is another to hold them to...

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