Legal Opinion
Douglas v. United States District Court for the Central District of California
Court of Appeals for the Ninth Circuit
Decided July 18, 2007No. 06-75424PublishedCited by 53 opinions
1Per curiam
We consider whether a service provider may change the terms of its service contract by merely posting a revised contract on its website.
Facts
Joe Douglas contracted for long distance telephone service with America Online. Talk America subsequently acquired this business from AOL and continued to provide telephone service to AOL’s former customers. Talk America then added four provisions to the service contract: (1) additional service charges; (2) a class action waiver; (3) an arbitration clause; and (4) a choice-of-law provision pointing to New York law. Talk America posted the revised…
2Cases cited21 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- Connie A. Nagrampa v. Mailcoups, Inc. The American Arbitration AssociationCourt of Appeals for the Ninth Circuit · 2006
- Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
- Holly W. BAUMAN Et Al., Petitioners, v. UNITED STATES DISTRICT COURT, Respondent, Union Oil Company, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1977
16 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- In Re Poly-America, L.P.Texas Supreme Court · 2008
- Shroyer v. New Cingular Wireless Services, Inc.Court of Appeals for the Ninth Circuit · 2007
- Tiffany Hill v. Xerox Business Services, LLCCourt of Appeals for the Ninth Circuit · 2023
- Peleg v. Neiman Marcus Group, Inc.California Court of Appeal · 2012
- Veronica Gutierrez v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2012
48 more not listed; retrieve them via the Exa API.