• The Ninth Circuit Determines that Posting Unilateral Changes to Existing Customer Contracts Online is Not Binding
  • October 10, 2007 | Authors: James A. Harvey; Ann A. Hammenecker
  • Law Firm: Hunton & Williams LLP - Atlanta Office
  • The recent U.S. Court of Appeals for the Ninth Circuit decision of Douglas v. Talk America Inc., 2007 WL 2069542 (9th Cir. 2007) ("Douglas v. Talk America") may significantly affect business entities engaged in online contracting with customers. In an apparent case of first impression, the court in Douglas v. Talk America was called upon to consider whether a service provider could unilaterally change the terms of an existing service contract with its customers by posting a revised version of the contract on its website.