Big companies are probably used to winning against consumers when it comes to the right to have the latter’s day in court. That’s why it probably came as a surprise when the Supreme Court ruled in favor of the consumer as it refused to hear an appeal in the Norcia vs Samsung case. It upheld the decision of the Ninth Court that Samsung cannot have a forced arbitration in this case, although no court has made any ruling on the allegations itself.

The lawsuit filed by several consumers against Samsung says that the company misled them about the Galaxy S4’s performance, speed, and memory capacity. The Korean tech giant was trying to enforce their “forced arbitration clause” which is indicated in the terms of service of all its products if you didn’t know yet. This clause basically indicates that an individual cannot sue the company and cannot join any lawsuit against the company. They have to go through the process of individual, private arbitration which will render any ruling confidential.

But Norcia claimed that when he bought the Galaxy S4, it was in a Verizon store and the device’s box, which contains the warranty booklet among other things, was left in the store after the employee set it up for the customer. Therefore the arbitration clause cannot be enforced since the customer did not read and agree to it. Back in 2014, a court agreed with Norcia, and after Samsung appealed it last year, they met the same ruling. And now, the Supreme Court has upheld the decision without comment, so the Ninth Court ruling stands.

As for the actual merits of the case, there has been no decision yet in any of the courts, but at least Norcia and company can make the allegations in public in a court of law and not in a private arbitration.

VIA: Consumerist


  1. Well Well WELLLLL If its not the CORRUPT,THIEF,LIAR,FRAUD Swinesung at it again in court been sued for always screwing the customer. No surprise here. Just another Sleazy, Dirty, corrupt day in Swinesung land.


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