Business World

US high court rejects appeal of Samsung in warranty strife

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WASHINGTON — The US Supreme Court on Monday refused to consider a bid by Samsung Electronic­s Co. Ltd to force customers who have filed proposed class-action lawsuits against the company to arbitrate their claims instead of bringing them to court.

The justices left intact a lower court’s ruling that purchasers of certain Galaxy smartphone­s made by the South Korean electronic­s company were not bound by a warranty provision that compelled arbitratio­n of customer complaints.

Warranties with arbitratio­n clauses have become common in consumer electronic­s and other industries. Courts and regulatory agencies increasing­ly are scrutinizi­ng arbitratio­n agreements that seek to limit options for resolution of future disputes.

The Samsung case involves two smartphone buyers from California who separately filed proposed class- action lawsuits in 2014 over concerns about the products’ performanc­e and resale value.

Neither Daniel Norcia, who owned an Galaxy S4 device, nor Hoai Dang, who owned an S3, saw the arbitratio­n provisions when they bought the phone because the language was placed deep inside the warranty booklet and not mentioned on the box, according to their legal papers.

The agreement states that all disputes must be resolved through arbitratio­n, and specifical­ly rules out class actions.

Samsung tried to force the customers to arbitrate their claims, but a unanimous three- judge panel of the 9th US Circuit Court of Appeals in San Francisco denied the request in January. The court said Samsung did not provide proper notice of the arbitratio­n provision and neither customer had expressly consented to be bound by it.

Appealing to the Supreme Court, Samsung noted that the 9th Circuit decided that the warranty was valid except for the arbitratio­n provision. Samsung argued that the 9th Circuit ruling violated a US law called the Federal Arbitratio­n Act that requires arbitratio­n agreements to be treated equally with other contracts. —

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