After becoming aware of the additional charges, Douglas filed a class action lawsuit in district court, charging Talk America with violations of the Federal Communications Act, breach of contract and violations of various California consumer protection statutes.

Talk America moved to compel arbitration based on the modified contract and the district court granted the motion.

§ 16, does not authorize interlocutory appeals of a district court order compelling arbitration, Douglas petitioned for a writ of mandamus.

The trial court, the Central District of California, granted defendant's motion to compel arbitration.

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