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DOUGLAS v. U.S. DIST. COURT FOR CENT. DIST. CAL.

No. 06-75424.

495 F.3d 1062 (2007)

Joe DOUGLAS, on behalf of himself and on behalf of all others similarly situated, Petitioner, v. UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OF CALIFORNIA, Respondent, Talk America Inc., a Pennsylvania corporation, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2007.

Attorney(s) appearing for the Case

J. Paul Gignac, Katherine Donoven and Lisa Johnston Nicholes, Arias, Ozzello & Gignac, LLP, Santa Barbara, CA; David R. Greifinger, The Law Offices of David R. Greifinger, Santa Monica, CA; Howard Andrew Goldstein, Law Offices of Howard A. Goldstein, Van Nuys, CA, for petitioner.

Paul F. Donsbach and Jennifer L. Andrews, Kutak Rock LLP, Irvine, CA; Bartholomew L. McLeay, Jeremy Fitzpatrick and Paul R. Gwilt, Kutak Rock LLP, Omaha, NE, for real party in interest.

Before: ALEX KOZINSKI, RONALD M. GOULD and CONSUELO M. CALLAHAN, Circuit Judges.

PER 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...

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