California Appellate Tracker

Norcia v. Samsung Telecommunications America LLC

January 30, 2017

Since California law treats silence as non-acceptance of a contract offer, a consumer did not agree to arbitrate disputes with Samsung by failing to respond to an arbitration clause that was included in a warranty and product information booklet packaged with a Galaxy cellphone which the customer received after signing a Verizon subscription agreement.

Finding that Hill v. Gateway 2000, Inc. (7th Cir. 1997) 105 F.3d 1147 is inconsistent with California law which normally treats silence as non-acceptance of a contract offer, this decision holds that a consumer did not agree to arbitrate disputes with Samsung by failing to respond to an arbitration clause that was included in a warranty and product information booklet packaged with a Galaxy cellphone which the customer received after signing a Verizon subscription agreement. Also, Samsung could not invoke the arbitration clause in Verizon’s subscription agreement since it did not mention Samsung or cellphone manufacturers in general.

Ninth Circuit Court of Appeals (Ikuta, J.); January 19, 2017; 2017 WL 218027

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Norcia v. Samsung Telecommunications America LLC

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