OPINION AND ORDER Plaintiff Antonio Lewis (“Plaintiff”) brings this putative class action against Defendant Samsung Electronics America, Inc. (“Defendant” or “Samsung”) based on purported defects with the Samsung Galaxy Z Fold3 smartphone (the “Z Fold3″). He alleges: (1) a violation of the New York General Business Law §§349 and 350; (2) a violation of the Virginia Consumer Protection Act, Va. Code Ann. §59.1-196 et seq.; (3) breach of contract; (4) breach of express warranty; (5) breach of the implied warranty of merchantability/fitness for a particular purpose; (6) a violation of the Magnuson-Moss Warranty Act, 15 U.S.C. §2301 et seq.; (7) fraud; and (8) unjust enrichment. See ECF No. 1 (“Compl.”)
44-72. Defendant has moved to compel arbitration with Plaintiff and to dismiss this case. ECF Nos. 11 (“Br.”), 15 (“Reply”). Plaintiff opposes. ECF No. 14 (“Opp.”). For the reasons stated below, Defendant’s motion to compel is GRANTED, but its request for dismissal is DENIED. Instead, the case is stayed pending the conclusion of proceedings before the arbitrator. BACKGROUND Defendant “manufactures, markets, and sells” the Z Fold3, “which provides a significantly larger screen relative to other smartphones through a hinge in the center allowing it to ‘fold’ into the size of a regular phone.” Compl. 1. According to Plaintiff, “Defendant advertises the [Z Fold3] as meeting stringent durability standards, based on rigorous tests, such that its screen can be folded and unfolded at least 200,000 times, which it claims is the number of folds a user would have in five years.” Id. 2. Plaintiff alleges, however, that Defendant’s testing methodology is “flawed and not representative of real-world usage,” id. 3, and that the actual number of times that a Z Fold3 can be folded is significantly lower than 200,000, see id. 7. Plaintiff purchased the Z Fold3 at a store in Charlottesville, Virginia on August 15, 2022. See id. 29; ECF No. 12 (“Cantwell Decl.”) 3. The box for the Z Fold3 states (in bold, medium-gray lettering against a black background) that it “[c]ontains…Terms and Conditions.” Cantwell Decl., Ex. A (the “External Label”) at 1. It also says: IMPORTANT INFORMATION If you use or retain the device, you accept Samsung’s Terms and Conditions, including an Arbitration Agreement. Full terms, warranty and opt-out information are at www.samsung.com/us/Legal/Phone-HSGuide/, the enclosed materials & device settings. Id. (emphasis added). The URL1 listed on the External Label links to a page on Defendant’s website with the heading “Terms and Conditions.” See Cantwell Decl.
