Who ever bothers reading boilerplate provisions in a consumer products manual? Apparently, that was the view taken by the U.S. Court of Appeals in a recent case, holding that an arbitration provision for Samsung Galaxy S smartwatches is unenforceable against consumers in a class action case who claim the company exaggerated the product's battery life. The Third Circuit could not presume that consumers actually read or had notice of the arbitration terms buried within the 143-page product manual, and thus was unwilling to force the plaintiffs to arbitrate their claims. The ruling affirmed the lower district court judge's decision.
Click here to read the full news article published in the New Jersey Law Journal.