Norcia v. Samsung Telecommunications America, LLC
United States Court of Appeals for the Ninth Circuit
845 F.3d 1279 (2017)
Norcia (plaintiff) bought a Samsung Galaxy S4 at a Verizon store and signed only a Verizon customer agreement; he declined to take the phone's box, which contained a 101-page brochure stating in capital letters that disputes with Samsung would be resolved through binding arbitration unless the customer opted out within 30 days, while retaining warranty benefits either way. Norcia never opened the brochure or opted out, and nine months later sued Samsung in a class action over alleged misrepresentations about the phone's storage and speed; Samsung moved to compel arbitration, the trial court refused, and Samsung appealed.
Whether a product brochure purporting to require arbitration of disputes unless the customer affirmatively opts out creates a binding arbitration agreement.