Samsung Arbitration Pact Notice Raises Eyebrows At 9th Circ.

Law360 (August 29, 2019, 7:24 PM EDT) -- A Ninth Circuit judge appeared skeptical Thursday of Samsung’s argument that its Galaxy S7 packaging properly notifies consumers they're agreeing to arbitration, saying a guidebook in the box didn’t include a “clear statement” alerting buyers that they were reading terms and conditions. 

During a hearing in Seattle, U.S. Circuit Judge M. Margaret McKeown took issue with a guidebook in Samsung Electronics America Inc.’s Galaxy S7 box that contained an arbitration provision. She pointed out that the cover of the books, which are titled either “Product Safety and Warranty Information” or “Health and Safety and Warranty Guide," do not necessarily indicate to...

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