DOUGLAS V. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
495 F.3d 1062 (9th Cir. 2007)
NATURE OF THE CASE: Douglas (P) petitioned for a writ of mandamus when Talk's (D), real party in interest, motion to compel arbitration was granted by the Court.
FACTS: P contracted for long distance telephone service with America Online. D subsequently acquired this business from AOL and continued to provide telephone service to AOL's former customers. D 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. D posted the revised contract on its website but P alleges that D never notified him that the contract had changed. Unaware of the new terms, P continued using D's services for four years. After becoming aware of the additional charges, P filed a class action lawsuit in district court, charging D with violations of the Federal Communications Act, breach of contract and violations of various California consumer protection statutes. D moved to compel arbitration based on the modified contract and the district court granted the motion. Because the Federal Arbitration Act, 9 U.S.C. 16, does not authorize interlocutory appeals of a district court order compelling arbitration, P petitioned for a writ of mandamus.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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