Douglas v. United States District Court for the Central District of California

495 F.3d 1062 (2007)

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Douglas v. United States District Court for the Central District of California

United States Court of Appeals for the Ninth Circuit
495 F.3d 1062 (2007)

SC

Facts

Joe Douglas (plaintiff) contracted with Talk America, Inc. (defendant) for phone service. Talk America added four provisions to its service contract, including an arbitration clause. Talk America did not notify Douglas of the changes, but rather posted the changes on its website. Douglas stated that he had not visited the website because his account was paid automatically. When Douglas learned of the changes, he filed a class action lawsuit. Talk America filed a motion to compel arbitration based on the arbitration provision it added to the service contract. The district court granted the motion. Douglas petitioned for a writ of mandamus, seeking to vacate the district court’s order.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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