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printed October 22, 2017
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Samsung's Arbitration Appeal Rejected By Supreme Court

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Oct 2, 2017, 9:27 AM   by Eric M. Zeman   @phonescooper

Samsung cannot force customers who've filed class-action lawsuits into arbitration, according to the U.S. Supreme Court. The high court refused to hear an appeal by Samsung that hoped to push customers into arbitration, leaving the decision of a lower court intact. The case goes back to 2014 when owners of the Galaxy SIII and S4 smartphones attempted to file class-action lawsuits against Samsung over the devices' performance. The two customers claim they were never made aware of the arbitration provisions in the customer agreement at the time of purchase, which specifically prohibits class-action lawsuits. In January a three-judge panel agreed with the consumers, saying neither actually agreed to the arbitration provision, which was buried in the owner's manual. Companies often attempt to force arbitration to prevent lawsuits because it leaves them less open to the risk of trials and heavy damages. The behavior is anti-consumer, however, and courts and other agencies have taken a closer look at arbitration clauses in recent years. Today's news is a victory for consumers.

more info at Reuters »

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amarryat

Oct 2, 2017, 11:23 AM

How about some consistency?

This sounds exactly like how LG have avoided the class action due to bootlooping. Supposedly in the documents inside the box when you bought your phone, there was a way to opt-out within a month. And if you didn't, that means you accepted their terms of arbitration.

Who reads that stuff, especially after you bought the phone and would be subject to a restocking fee?
 
 
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