9th Circ. Slams Samsung's 'Inaptly Titled' Arbitration Notices

Law360 (September 18, 2019, 5:19 PM EDT) -- The Ninth Circuit has affirmed a pair of rulings that denied Samsung's bid to arbitrate two lawsuits involving its Galaxy S7 smartphones, concluding that an "inaptly titled" booklet that comes with the phones and "vague" references to terms on the packaging don't adequately inform consumers they're agreeing to arbitration.

In a pair of three-page opinions, a three-judge panel on Tuesday rejected Samsung Electronics America Inc.'s arguments that the phone's packaging and a booklet — titled either "Product Safety and Warranty Information" or "Health and Safety and Warranty Guide" — in its Galaxy S7 boxes sufficiently notified consumers they were agreeing to arbitration...

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