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495 F.3d 1062 (CA 9th Or., 2007)
* Contract - Changes made to contract by posting modification to Web site - Modifications posted to a Web site as constituting attempt to effect unilateral change to contract
* Internet - Whether continued use of Internet services after modification of contract constitutes acceptance of modifications - Assent to contract modifications not capable of being inferred in absence of proper notice
STYLE OF CAUSE
Douglas v. U.S. Dist. Court for Cent. Dist. of California, 495 F.3d 1062 (CA 9th Gr., 2007)
PROCEDURAL HISTORY
This is a petition for a writ of mandamus to the Court of Appeals, initiated by Douglas, in response to the California District Courts decision to grant a motion to compel arbitration in favour of Talk America.
Talk America moved to compel arbitration, which was subsequendy granted by the District Court, after Douglas filed a class action lawsuit. Because the Federal Arbitration Act, 9 U.S.C. § 16, does not allow for interlocutory appeals from an order compelling arbitration, Douglas petitioned for a writ of mandamus.
FACTS
Joe Douglas (Douglas) contracted with America Online (AOL) for long distance telephone services. Talk America then acquired AOIIs long distance phone services, and continued to serve AOLs customers. Unbeknownst to its customers, Talk America updated die service contract with the addition of four clauses. These clauses included additional service charges, a class action waiver, an arbitration clause, and a...