Inconspicuous placement of arbitration provisions in a cell phone’s warranty booklet was held insufficient to inform consumers about the proposal to require arbitration, and therefore barred a finding that a valid and enforceable contract to arbitrate was formed. Norcia v. Samsung Telecomm. Am., LLC, No. 14-cv-00582 (N.D. Cal. Sept. 18, 2014). The arbitration provision was contained in a 101-page warranty booklet; the procedure for resolving disputes first appeared on page 76. Moreover, the reference to arbitration was contained in a “Q&A” about the procedure for resolving disputes, which did not alert consumers that the arbitration term was a contract or agreement. Because this was too inconspicuous, the court found that no agreement to arbitrate was formed.