PayPal Settles Class Action Lawsuit
ephidryn writes "I just received a notice from paypal which indicates that I may be involved in a class action lawsuit against paypal. Apparently two PayPal users, Roberta Toher and Jeffrey Resnick, filed two seperate lawsuits that were later combined into one class action suit. ZDNet has a story that notes: "PayPal said it would pay a total of $9.25 million to settle the federal class-action suit..."
I'm so ready to receive my check for $0.35US" kai5263499 adds "The settlement states that anyone who opened an account between Oct 1, 1999 and Jan 1, 2004 is elegible to participate in the settlement. According to their Plan of Allocation you can fill out a short form or a long form to sign up."
The ZDNet story they link in the article is actually for eBay's problem with double charging fees, but mentions the PayPal situation near the end...
THIS is the actual PayPal story (from 6/14/04), which is referenced at the bottom of the eBay one linked in the article.
One of the things they ask you when you fill out the short form is if you want the $50 put in your paypal account. Which means paypal will still get interest off the majority of those that do have their $50 sent to their paypal account.
-Wes
I got the email too, but I can't figure out if I can claim anything or not. I luckily never had my account suspended or overcharged, but it looks like the suit may get me something anyway... Is that right?
Dear [Your Name],
IF YOU OPENED A PAYPAL ACCOUNT BETWEEN OCTOBER 1999 AND JANUARY 2004, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.
PLEASE READ THIS NOTICE CAREFULLY.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
In re PayPal litigation
Case No. CV-02-01227-JF (PVT)
NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT
1. WHY DID I GET THIS NOTICE?
You have been sent this Notice because the records of PayPal, Inc. indicate you are a current or former PayPal account holder. This means you may be eligible to receive a payment from the proposed class action settlement in the lawsuit In re PayPal Litigation, Case No. 02 1227 JF PVT, pending in the United States District Court for the Northern District of California in San Jose. This Notice provides a summary of the terms of the proposed settlement. It also explains the lawsuit, your legal rights under the settlement, what benefits are available to you under the settlement, and how to get them.
2. WHAT IS A CLASS ACTION?
In a class action, one or more people, called Class Representatives (in this case Roberta Toher and Jeffrey Resnick), sue on behalf of people who have similar claims. All of these people are members of the Class. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. United States District Judge Jeremy Fogel is in charge of this class action.
3. WHAT IS THIS LAWSUIT ABOUT?
In early 2002, Plaintiffs Roberta Toher and Jeffrey Resnick filed separate lawsuits against PayPal, Inc. These two cases were later consolidated into one lawsuit in the United States District Court for the Northern District of California, San Jose Division, entitled In re PayPal Litigation, Case No. CV 02 01227-JF (PVT). The lawsuit alleges that PayPal violated the federal Electronic Fund Transfer Act ("EFTA"), 15 U.S.C. 1693 et seq., including provisions requiring PayPal to supply customers with information about dispute resolution procedures and to follow certain procedures when investigating complaints of unauthorized or incorrect electronic fund transfers. For example, the lawsuit claims that PayPal did not provide account statements in the manner required by the EFTA. The lawsuit further alleges that PayPal has placed inappropriate restrictions or other limits on customers' accounts and engaged in other improper practices. Based on these practices, the lawsuit asserts claims under California state law for conversion, money had and received, negligence, and violations of consumer protection statutes.
PayPal does not believe that it did anything wrong. In fact, PayPal disputes that the EFTA, originally passed in 1978, applies to its business. PayPal denies any and all liability for the claims alleged in the lawsuit. The Court did not decide in favor of the Plaintiffs or PayPal. Instead, beginning in the fall of 2003, the parties began a series of settlement negotiation sessions mediated by United States Magistrate Judge Edward Infante. Eventually, in November 2003, both sides agreed to a settlement in principle. By settling their claims, both parties avoided the uncertainty and cost of a trial. The settlement provides money and other benefits to the Class. On June 11, 2004, the parties entered into a formal, written Settlement Agreement, which is on file with the Court and available on the Internet at https://www.paypal.com/settlement/. By entering into the Settlement Agreement, PayPal is not admitting any wrongdoing. PayPal continues to believe that it did not do anything wrong. The Representative Plaintiffs and the attorneys appointed by the Court to represent the Class believe that the settlement is fair to Class Members. By this notice, the Court is not expressing any view on the merits of the lawsuit.
4. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?
On July 12, 2004, Judge Fogel entered an order granting preliminary approval of the settlement and certifying the
© 2004 The SCO Group, Inc. All Rights Reserved.
$3.4 million (about 1/3) of which would go to paying its customers' legal fees
So who's the winner here?
Uselessful technology (Air-Charged
Man, Pay Pal is good stuff. I hope this doesn't get them flushed down the old corporate crapper. I know several people who were protected against fraud because they used PayPal. Can I get a witness up in here for Pay Pal?
Sounds like another one of those phishing scams to me! ;)
I just love how they claim that banking laws don't apply to them. It's amazing what you can get away with if you have the cash.
Free Mac Mini Yeah, it's
Really, the article states that paypal didn't hold up to some regulations which require them to have some kind of service in case a deal goes wrong. I buy something from you, and it appears to be broken. Now I should be able to resolve this through paypal. This might be good for the customer, but from paypal's view this is nuts. They are just an intermediary that handles the monetary transactions.
As an analogy, suppose you pay something using an ATM, you can't honestly expect the bank to resolve your problems with the product you just bought.
Come on, CLICK HERE. I know you want to do it.
Please login to access my lawn
The rules of submission require you to state that you experienced a financial loss, due to very specific circumstances. Most PayPal account holders (the vast majority, I think) have experienced no financial losses as a result of any of the claims stated in this class action's resolution.
Therefore, don't get too excited -- the average PayPal account holder gets nothing from this Class Action resolution...
-- -pjk Perry Kundert perry@kundert.ca http://kundert.2y.net
The settlement states that anyone who opened an account between Oct 1, 1999 and Jan 1, 2004 is elegible to participate in the settlement.
No it doesn't. It explicitly excludes residents of every country Paypal operates in except for the USA. I wish people in the USA wouldn't use the word "everyone" when what they mean is "everyone in the USA".
If they could just release the $150 on my 3-year-blocked account, that'd be better... Why did I do nothing to recover my money by force (i.e. go to small claims court or hire an attorney)? because it's less expensive to be scammed out of $150 by Paypal than to wrestle that money out of them, and that's why they get away with this. Why people would sign up with a non-FDIC insured bank (because that's what they are in effect), I'll never know. I did and I won't ever again.
Oh well, with any luck, soon I'll only be out of $149.65...
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
What does this really mean? Will PayPal change their methods of handling transaction disputes and finally stop treating customers as people out to rip them off? Somehow I doubt it, seeing as they 'admitted no legal wrong doing'.
Man, Pay Pal is good stuff. I hope this doesn't get them flushed down the old corporate crapper. I know several people who were protected against fraud because they used PayPal. Can I get a witness up in here for Pay Pal?
Can you spell ASTROTURFING?
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
Not if you're a resident of the EU...
Is this why I not that many months ago got an e-mail about my PayPalaccount now being handled by their EU-company instead of the US one???
perl -e'print$_{$_} for sort%_=`lynx -dump svanstrom.com/t`'
Not necessarily, here is one of possible reasons:
:)
You requested information from PayPal about an account restriction or limitation or unauthorized transfer and you did not receive a satisfactory response
So if you ever emailed their support about something related to the account and were not satisfied with their response, you are in
The wording of this says that you are automatically in the lawsuit. But if you want the money, then you have to claim it via an electronic form and then mail in the signature.
If you don't do that, then you don't get the money - but you are still considered to be in the lawsuit - which means that you then waive the right to sue them in the future for related issues.
But if you don't want to be in the lawsuit, then you have to also mail something in.
It also states that the lawyers get at least $3+M for this and that is out of nearly $10M.
I don't know how many people are in it, but the remainder of the money would then be split amongst those people.
So at most it is still under $100 - that isn't enough to pay me off so that I can't ever sue them again - even if it is only in a specific area.
There are some odd things afoot now, in the Villa Straylight.
1) Only allow claims to be submitted via web site 2) /. the web site
3) ????
4) Profit!!!
© 2004 The SCO Group, Inc. All Rights Reserved.
you can fill out a short form or a long form to sign up.
I can do either a short form or a long form? That's like saying:
1) I can be the recipient of a swift kick to the nuts
2) or I can have some ice cream.
I wonder which one I want to choose.....
With the amount of the settlement per-person, this feels like a mail-in-rebate. I.E., the amount is so small vs. the hassle (filling out a form) that most people will likely forgo the cost of a cup of coffee so they don't have to fill out anything.
Which means, in the end, that this verdict will mean very very little to paypal. They should give their lawyers a bonus.
Does the settlement apply to international cusomers as well?
That is just the poster ramling about nothing.
The amount you get for filling out the "short form" is $50.
The amount you get for filling out the long form is undetermined. **It all depends on how many people bother to collect**. The judgement was for 9.25 million - 3.4 million for legal leaves 5.85 million for settlements. Unless millions of people apply ( unlikely) you would likely get your $150 back, no problem.
***DO APPLY***
It looks like PayPal is finally putting their .02 cents (per person).
Actually, the way paypal works, you wouldn't have to worry about considering a resolution that involves USD, major currencies are accepted as forms of payment by paypal, and only USD is offered in this settlement.
Maybe you should stop feeling so ripped when you can actually enjoy many of the advantages of the US in your own country. All these people ungrateful about non-us options, while they're depending on US money.
"And we have seen and do testify that the Father sent the Son to be the Savior of the World"
1 John 4:14
PayPal...? should not leave/change meaning for Pal(Friend).
If you leave this, what ever millions today with you, suddenly no one will be. take care...
"I'm so ready to receive my check for $0.35US"
..... ;)
Think again
"The claims administrator will not issue checks for less than $1.00. Such amounts will instead be reallocated to those claimants who are entitled to receive distributions."
[alk]
The money is divded up into different funds. Actually, the wording is anyone with some form of damages has to fill out a special request form, the long or short version of the "dispute resolution claimant." If verified, they'll receive funds from a $4.3 million account and the amount you receive depends on your damages. For those users that did not have damages (I'm sure by far the majority) they're entitled to splitting $1 million from the statuatory damages fund.
Excluded from the class are [...] anyone who resides in Austria, Belgium, Denmark, Germany, Greece, Finland, France, Ireland, Italy, Luxembourg, Portugal, Spain, Sweden, The Netherlands, or United Kingdom[...]
Thus, if you opened a PayPal account between October 1, 1999 and January 31, 2004, and are not one of the excluded persons listed above, you are a member of the class."
I was living in Chicago when I opened two paypal accounts around 2000 (one for me, one for my business, an online eBookseller), but now I'm living in Germany, and the business is still physically based in Springfield, Illinois, although I own half of it and do most of the work for it.
I wonder if I and/or my business still qualify as members of the class.
I had problems with them a while ago which ended up wrongfully costing me money. Maybe i should have sued them but instead closed my account. I originally opened my account between the dates mentioned. You can bet I want the money even if its 35 cents out of principle.
Paypal saved my ass when some dude from the Philipines ordered a notebook PC and a modded Playstation using my account -- while my network is ironclad at home, it turns out that the one at work... not so much. Never doing anything like that at work ever again. I could have been out $2000+ because of fraud, but they fought the good fight.
On the other hand, back in 2002 they beamed $172 into nowhere and never returned the money, so some of this lawsuit does kinda ring true. The crap I had to go through was more than I should have, and I still didn't get my money back. Here's to filling out another form and hoping to see that cash.
I am Leviathant and I approve this message.
Some people actually like Paypal. Maybe you'd like to accuse iPod lovers of astroturfing? Linksys / Cisco lovers? Or is astroturfing reserved for groups on slashdot whose opinion are a minority? There's a lot of brand loyalty on slashdot, despite the air of anti-corporatism.
This page raises some good possible issues about at least one anti-paypal site, and shows that some claims against paypal payments are also true of many other forms of payment:
Adzooks: Paypal ain't my buddy
Now I'm just waiting for them to fess up that they can and do keep track of their transactions so people who sell virtual items from video games can make a living without worrying half as much about young immature scammers :)
Everyone is entitled to statutory damages:
"The plan of allocation designates $1 million of the Net Settlement Fund to a "Statutory Damage Fund," to be distributed equally among all Fund Claimants who are not Dispute Resolution Claimants."
If you want to claim these damages, you must mail them a letter with your signature. So I suggest you don't bother as the amount of the stamp will likely be greater than the amount of the settlement damages paid.
In my opinion, it's great that they plan to shell out 9 million dollars in order to "just forget it and move on", but it comes nowhere close to the damages and losses acquired by the thousands of people who have had serious issues with them. They still have the right to freeze your account, they still have the right to keep your money at their own discretion, and they still have the right to take it out of your ass if someone else screws you with a bad card. As far as I can tell, the only thing they're agreeing to change is how they handle disputes. Meh. Something's gotta be done about online-payment companies. A simple payoff accomplishes nothing.
After being treated this way I sure as hell wasn't about to give them "verified" access to ANOTHER account so I figured the twenty bucks long lost and chalked it up to experience. About a year ago I found a check in the mailbox for twenty bucks plus interest for the two years or so they had it "froze." Don't know why they just decided to givc it up, they sent me no notice in spite of the fact they still have my address and email me regularly about the account.
Since they did this I went back to using them for ebay transactions, but all they get is my cc number and the account will remain "unverified" until I have shoveled through it my limit - at which time I'll cancel it and start another, since there's just no way in hell I'm going to trust them with another "verified" acount.
I too got this email this morning, and was scanning it as I got ready for work.
The email indicated something to the effect of if I wanted a check from them for the amount I'm entitled to, I'd be charged $1.00 from my account. This immediately made me wonder just what the settlement amount would be.
So is the $.35 listed on front page serious or not? I didn't see a dollar amount listed in the email, and if it's really only 35 cents (very possible! Not a lot of money for the individual in class action suits), that would mean that I'll be losing 65 cents on this deal.
Can someone clarify if this is accurate?
Do you think $9.2 million can kill or even seriously hurt Paypal? Didn't eBay buy Paypal for $1.5B? Seriously, $9.2 million is much less than $1 per customer, considering most eBay users are also Paypal customers.
If all you're getting back is $0.35 and you want a check, do you OWE them money?
This is a test. This is a test of the emergency sig system. This has been only a test.
eBay now rounds a bill of $30.78 up to $30.80. Despite the fact that the system tacks on only a few cents to each transaction, the customers said the additional charges add up over time.
Sounds familiarI think we can keep recursing like this until someone returns 1
But I never put any money in it or used it in any way.
What does this mean for me?
Technoli
Uhh, no. To receive compensation you only need to have opened an account with Paypal during the specified dates (~1999 - 2004).
Even if you want to do the long form, and apply for a bigger piece of the pie, you only have to show that they didn't deal appropriately with the resolution of an issue.
Jeffrey Resnick: Oh sweet, we won? Lawyer: Yes Jeff: How much do I get? Lawyer: $50 Jeff: And how much did you get? Lawyer: $3.4 mil Jeff: .............uhm?
And where are they putting these funds by default?
Payment will be made to your PayPal account. If you do not have a current, unrestricted PayPal account or prefer to receive a check, please check the box below
Casual Games/Downloads
You are going to get your percentage of the 9.5 million based on the amount of claims made and the amount you claim and can legally prove was stolen from due to neglect on paypal's part.
For instance I had a loss of $80 + over $100 in collection costs/subpoenas in 2002. If there are claims for OVER 9.5 million, the claims will start to be divided into the percent that you made it up to 9.5 million.
I am hoping that I will get at least $100.
The 35 cents was a stupid quip the editor made.
Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
I've known many, many people who were royally fucked by PayPal, so I have to disagree. You're talking about a company that acts like a bank, but is not regulated like a bank. You're talking about a company that can arbitrarily freeze assets with no accountability. In my mind, PayPal is a big fraud, and I would never give them a dime. If you want to buy something, and you want protection, use your credit card: that's *real* buyer's fraud protection. It's mandated by federal law.
as an addendum - if you got a chargeback from your credit card (which the majority do - even though Paypal says you can't) you don't qualify
There will be a lot of fraudulent claims where people will try to get double - they will have already been reimbursed but they will try to seek reimbursement from this settlement too.
I did a story on paypal payback fraud on my website.
Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
You can make a Short Form Claim if, prior to February 1, 2004, PayPal caused you to lose money because of any of the following:
I just imagined it continuing a bit differently...
And so on...
--Mark
"It is nice to know that the computer understands the problem. But I would like to understand it too." --Eugene Wigner
Log into your paypal account. In the My Account/Overview section, look for your Name, Email and Status, click on the little number in parentheses next to status (looks like this):
Status: Verified (23)
That will give you your member info box with your sign up date.
-gary
The lawyers get $3.3M. Wow. Where do I sign up to be a class action ambulance chaser? :)
Is it smarter to apply and collect whatever money you may (if you cannot prove damages), or to exclude yourself for the future if something bad DOES, indeed, happen to your account (and your money). I would try to exclude myself personally seeing that if 2 million people apply for their part of the settlement, i'd only get about $0.50.
Paypal to move it's corporate headquarters to Nigeria, where it won't be encumbered by silly ethics rules. Paypal's new corporate headquarters will be located at 419 Greedyombo Rd, Stealagreenback, Nigeria.
The folks over at PayPalSucks.com have been fighting the shady practices of PayPal since its inception. It's a great source of information and a good browse for everyone who has accounts with PP. Just keept the bias in mind ;) Here's a link to their discussion forum regarding the settlement. Very informative.
NMG
The short form limits your claim to $50 max, or whatever percentage if there is more than about 90,000 people filling it out. The long form, however, will allow you to get more... again, assuming that a small enough number of people sign up.
Have you been touched by his noodly appendage?
apparently, it's to do with the amount of money you get
---
We spoke for about a half an hour. I don't recall a thing we said. - Colorblind James Experience
What flavor is the ice cream?
LegendMUD
It's a US court case, with a US company, covered on a US website. Would you like some cheese with that whine?
Free Mac Mini Yeah, it's
What PayPal does is whenever they have a dispute with a user who has a dynamic ip address, every single user who winds up with that ip and logs in gets their account automatically suspended and any money in it stolen by PayPal. It hasn't happened to me so I won't participate in the lawsuit but I've seen it happen affecting people I know and work with. Paypal takes their money and tells them to go * themselves, pointing to a 20 page agreement that was shown in the 5 line scrolling text area which they clicked agree to where they waive their right to sue in exchange for a binding arbitration process whereby whatever PayPal says goes.
Oh, wait, you mean this isn't another slashdot poll?
Heroscape, it's like legos combined with anachronistic wargames.
Current state is invalid
Current zip is invalid
guess i cant join this lawsuit, even though paypal fscked me also.
I'm so ready to receive my check for $0.35US
/. it WILL be $0.35! THANKS.
Well now that you put it on
So if you couldn't log in one day, then you can qualify. That would be access improperly limited (even if maybe it was excessive network traffic.)
Pretty much it is free money.
Please send a self-addressed stamped envelope...
"So if you ever emailed their support about something related to the account and were not satisfied with their response, you are in :)"
:).
You forgot to add: AND if you are American you are in.
Paypal fucked over everyone all over the world, but it is good that at least some people geting their money back
3dinfo@maficstudios.com
Welcome to Slashdot where dissent and opposing opinion are considered Trolls or "Astroturfing".
Do not hold an opposing opinion. Here in 1984, deviance from the Groupthink will result in Re-Education. Thank you.
What surprises me is that there are not more suits against Paypal, I will be surprised that my account isn't frozen for my comments!
Paypal continually uses this hands off approach to it's customers when there are problems. Stating that they are not a bank is the absolute beauty of this goldmine, it is the ultimate out, however people do have real money in some of these accounts(like a bank) and when there is a problem, it needs to be addressed immediately and resolved.(like most banks). Paypal simply says, "We are not a bank, We are a facilitator of payments"
While PayPal has indicated there are problems with it's customer support/services, it is clear that little is done to fix these problems.
It's a tough game to play, and there is a lot at stake for people, there are a number of cases where Paypal closed accounts without warning on some people who relied on this services. Their policies and processes for dealing with problems is ridiculous. (indicated in the lawsuit)
Would I like to see them go? Absolutely not. Would I like to see them take a little more responsibility? Absolutely
They have no problems taking the money...
whenever you receive money in your paypal account, immediately withdraw it. I do a lot of eBaying and I check it every night and withdraw any cash in the account. They can't steal what isn't there.
atleast it poped up a PDF with my claim info and is telling me to sign it and snail mail it in.
Yes...it's that green stuff that goes on football fields. What does that have to do with PayPal?
As a rock-in-roll Physicist once said, No matter where you go, there you are.
Nah, dont worry I love pay pal too and i know it will reamin on the market. Why? Because it is owned by ebay and as long as Ebay charge u double fees (for ebay transaction and for PayPal as well) Paypal will remain on the market forever. :)
I'm a Canuck and I'm in. Yay me! $50 USD... wow, thanks for the $1,287 CAD, PayPal!!
You need to read it again. In particular the section regarding "Statutory Damage Fund Claimants".
- Toby
I went to the "long form" and apparently it does not like my ISP's email (roadrunner) MYNAME@twcny.rr.com So I am unable to submit the form...unfortunatly that is the email I have associated with paypal.
Sex is not the answer. Sex is the question. Yes is the answer.
Also RTFP (read the fine print). You can't just sign up, you have to have suffered damages.
One or more of the following accurately describes what happened to me: PayPal caused me to suffer damages as a direct result of (a) an unauthorized or incorrect electronic fund transfer to or from my PayPal account; (b) an improper restriction or limitation of my PayPal account; (c) an unsatisfactory response to a request for information from PayPal about an unauthorized or incorrect transfer or improper limitation or restriction; and/or (d) a dispute with PayPal involving a chargeback, a refund, a buyer complaint, or PayPal's Seller Protection Policy, Buyer Complaint Process and/or Buyer Protection Policy;
What's all this nonsense about double fees? It's not like anyone's forcing you to take payments through PayPal. I think paying auction fees and transactions fees makes plenty of sense, as opposed to say, trusting some random check someone sends me.
If your account isn't verified, go to the All Activity view in your account, and search on all transactions back to an arbitrarily early date. You can at least see the date of your first transaction, and if it was fairly early, there'll be a "Bonus | From | New Account" transaction in the amount of $5.00, from when they were still giving the $5 bonus for opening an account. Mine was apparently opened 3-17-2000, though I'd've sworn it was earlier than that. But hey, I'm in the period specified for the settlement.
"If you make a timely, valid claim using the Short Claim Form, you will receive a payment of $50, unless the amount needed to pay all of the Short Form claims exceeds the Short Form Fund. In that case, the Short Form Fund will be divided equally among all Short Form Claimants."
Damn you, Slashdot Effect! Now the settlement really will be $0.35 per person...
All that we see or seem is but a dream within a dream.
As a result, PayPal said it would pay a total of $9.25 million to settle the federal class-action suit, $3.4 million of which would go to paying its customers' legal fees.
Once again, the only real winners are the lawyers, skimming off the top, the only benefactors of a situation in which neither the defendant or the plaintiff win (assuming that you agree that an award of less than $1 isn't a "win" for a single person's perspective).
G-Force music visualization
PayPal is going to loose the same amount of cash no matter what. The fewer people who sign up for this "rebate," the more money the ones who do sign up, get. That's the nature of a class action lawsuit. So if only 4 people sign up for this thing, each is going to get around 1.5 million dollars. Highly unlikely, but possible. Now, it's possible that say 60,000 people sign up for it and receive about 100 dollars back.
Mine just says "Status: Verified" with no number after it. Anyone know how to find my sign up date some other way? I can't seem to find it.
I'm with you on this one. PayPal is convenient as hell. I've had some problems with their customer service, but no worse than I've had dealing with "reputable" firms like MBNA. I'm happy to have the service.
Working toward a usable PDA environment in the spirit of Newton OS: Dynapad
I've been screwed out of money by paypal, but because I'm not from the US I can't fill out the form on the class action lawsuit website (doesn't accept non-american states or postal codes)
What's the deal with that?
Does anyone else find it strange that the claim forms ask for your PayPal password and credit card number?
(Warning: Rant ahead)
Let's see. $3,332,500 + $135,000 out of $9,250,000 = $3,467,500 or 36% of the settlement fee is going directly to the laywer's pocket.
(Sarcasm)Do you think the law firm filed this just to get almost 3.5 million out of Paypal?(/Sarcasm) No way in hell that this cost them $3.5 million to litigate. Guess what, this gets passed on to the customers in the form of higher fees and stuff eventually.
10. HOW WILL THE LAWYERS FOR THE CLASS BE PAID? >From the inception of the litigation in early 2002 to the present, Class Counsel have not received any payment for their services in prosecuting the case, nor have they been reimbursed for any out-of-pocket expenses. If the Court approves the proposed settlement, Class Counsel will make a motion to the Court for an award of attorneys' fees of up to $3,332,500 and reimbursement of expenses of up to $135,000, to be paid from the $9.25 million settlement fund. Class Counsel will also seek reimbursement from the settlement fund on behalf of certain of the named plaintiffs in the litigation for reimbursement of their expenses related to their service as class representatives in the litigation, in an aggregate amount not to exceed $15,000. The motion will be heard at the settlement hearing described below in Section 11.
THANKS! I went looking everywhere and could not find that info. I don't think I qualify (I haven't had enough money in that account to lose anything), but it's good to know.
-jls
Techno-pagan
its law... a US class action lawsuit generally doesn't allow "foreigners" to claim. US law has no jurisdiction in other countries. that doesn't mean the same laws don't exist in other countries, trust me I would have been in on a few class action lawsuits if I could have been. and no I'm not depending on US money, US money helps but we don't depend on it where I work and live. without it the economy would be different. and we wouldn't be dependant on it. Cuba's economy has certainly seen an improvement recently, thanks to tourism. and not one dollar (legally) from the US. however americans have been known to put canadian flags on their backpacks and pretend to be canadian to go there... Beautiful beaches...
"There were numerous instances where I had an opportunity to commit a crime, but did not do so" is not a valid defence.
Would you keep using a bank where stories like this kept cropping up? I thought not.
PayPal is useful for amounts up to what you would willingly lose in a poker game -- but for any more serious amount of money, they suck.
I want nothing to do with this but in the email it states to exclude yourself:
If you do not want to remain a member of the class and participate in
the settlement, then you must mail or deliver (email is not considered
adequate), such that it is RECEIVED on or before September 7, 2004,
(1) an original written, signed request for exclusion to Co-Lead
Counsel at the following address:
Co Lead Counsel:
PayPal Class Action Settlement
A. J. De Bartolomeo
Girard Gibbs & De Bartolomeo LLP
601 California Street, Suite 1400
San Francisco, California 94108
and (2) a copy of the written signed request to PayPal's counsel at
the following address:
PayPal's counsel:
PayPal Class Action Settlement
Morgan Lewis & Bockius LLP
One Market
Spear Street Tower
San Francisco, California 94105
This request for exclusion must contain your name and address; be
signed by you; and include the reference "In re PayPal Litigation,
Case No. CV-02-1227-JF (PVT)."
Which is a huge hassle, plus about $3 to $4 in postage just to protect myself from unwanted legal fees. GRRR!
Candle burns its brightest in the dark
One is that many people who otherwise would not bring a suit or attempt compensation for injury can have their injuries addressed in court.
Additionally, class actions, not requiring the active participation of most class members, saves alot of people, lawyers, and courts the time and effort of suit. Imagine if all the members of a class action suit had to bring separate suits, with separate lawyers, in separate courts?
A third is that class actions can be used to redress injuries that warrent only low damages - thus if each person had to bring their own suit, they wouldn't as the cost of litigation would be more than the damages. But who's to say that a small injury to millions isn't more worthy a cause to remedy than a large injury to one or a few?
All this said, class actions have their problems, such as when plaintiffs who didn't even know about the suit while pending are asked to pay more than they will receive. Another problem is notice - a class member who didn't know about a suit and thus didn't opt out is later estopped from bringing his/her own suit even though they may not agree with the class action judgement.
with none of the responsibilities. Paypal locked my account in 2002, after I moved and my credit card address had changed. The process to unlock my account was near impossible. No phone number to contact, no email communication, only a fax number to send some form to. I hate lawyers, however in this case they are doing the public a service.
This is just from memory but as I recall it mentioned no limit on GETTING money into the account - only on spending FROM the account to other services outside paypal. Since most of my spending through the account is to other ebayers (most of whom also use paypal), very little of my overall cap has been used. Perhaps this is the same for you.
http://www.imdb.com/title/tt0086393/ Richard Pryor: 1337 h@x0r
This is next to meaningless for eBay (who owns Paypal). They paid a billion dollars for Paypal, what's an extra measely $9 million?
Read the (extremely long) fine print. There are two types of claimants: Those who have experienced financial loss (entitled to more money), and those who simpy signed up for an account (entitled to less money, but still entitled to money).
Please, forgive my ignorance. But what does astroturfing mean in this context?
Thanks to the internet, we can now all die alone together! -SomeWoman
PayPal unilaterally froze my account (keeping the money) "for 180 days" when an "unusual" (legitimate) transfer triggered something, interrupting some crucially urgent business (that's why I used PayPal). They ignored email, and their webform, requests for more info, and were obnoxiously dismissive on their customer "service" (abuse) line. That's when I found the PayPal Warning. After the 180 days expired, they continued to ignore my requests to unfreeze the account (and return my money). Over a year later, more than double their arbitrary 180 days, they sent me an email notifying me that I could remove my money, but the account was still otherwise frozen. When I removed the money, some was missing, an unaccountable deduction adding injury to insulting injury. PayPal must die.
Unfortunately, the settlement of this claim means that PayPal writes off $3.5M as a cost of doing (unregulated monopoly) business. I might be entitled to remedy of my damages from the interrupted transaction, frozen account, and mysterious deduction. But PayPal will continue to act as an unregulated global banking monopoly. I wish the plaintiffs had continued their suit, and obtained actual justice, changing PayPal (and their possible successors) into a legitimate operation.
--
make install -not war
This settlement closes one case:
"In early 2002, Plaintiffs Roberta Toher and Jeffrey Resnick filed separate lawsuits against PayPal, Inc."
But there was at least one other class action suit, "Kamdar & Kirill v. PAYPAL, INC". I wonder if that suit is still alive, and if participating in this settlement releases PayPal from any liability in that suit.
--
make install -not war
I can't apply to get *anything*. Looks like they might need the money much more than me to pay for a better provider during settlements.
http://www.settlement4onlinepayments.com/
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The host 63.123.235.144 could not be contacted. If this persists, you should contact the administrator of the remote site.
No links to account info, no links anywhere, so no clue when I signed up for it.
There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
That's all too typical of these sorts of class action lawsuits. The only people who come out ahead are the lawyers.
In the one against Apple about running OS X on older Macs, I could have gotten $25, but only if I did all sorts of paperwork and jumped through a series of hoops. Even if OS X ran badly on my beige G3--and it didn't--it wasn't worth it. I'd have rather seen Apple make my floppy drive work in OS X.
The judges (lawyers themselves) pander far too much to the lawyers in class action lawsuits. Die horribly of cancer in some release of a toxic gas by a major corporation and your family may get a few hundred thousands dollars. But the lawyers who file such lawsuits walk away with tens of millions of dollars EACH for no more than a few months of their time.
The "you die, you get a pittance" and "you're a lawyer, you make out like a bandit" inequalities of our current legal system are obscene. We need laws to limit just how badly the lawyers can rip us off.
But how do you change the law when some many of our legislators are lawyers, and when one major party (the Democrats) gets about 25% of its donations from lawyers. --Mike Perry, Inkling blog , Seattle
Do you think they can send me my settlement money through PayPal? ;-)
I recieved one of these emails as well and you do not need to have been affected to recieve money in the payout. According to the email that I recieved $1 000 000 is to be set aside for people who were not affected but meet the other eligibility criteria. To apply for this you need to fill out something different from the short or long forms. Thos forms are for the people who are willing to state that they sent complaints to paypal about the problems in the lawsuit.
Twice in my history of dealing with PayPal, I've sent $ for eBay auctions via PayPal, not received the merchandise, filed complaints with both eBay and PayPal.
Guess what? The person still got my money. The worst that happened was that eBay revoked one of the seller's ability to sell merchandise. Big whoop.
Now, my losses were in the $300 range, but I know of people who have lost a lot more money than that.
Here's how it worked: in the case of a dispute, PayPal would only refund your $ if the seller still had it in their PayPal account. They would take NO more aggressive action than that. So, if the person had already transferred or used the money, the buyer was out of luck.
If you paid out of the balance of your PayPal account, there was no other source of recourse available to you, unlike when you paid by credit card.
Status: UK - Verified (1746)
I've experienced a handful of chargebacks and a few reversed payments. My account stopped accepting payments once to confirm I was happy to have more than 1000UKP in there, after it had been past that for the past 8 months quite regularly.
Suggestions for alternatives which aren't a lot more expensive and which aren't run by morons are welcome.
I am from Canada but it is rejecting my application also!
Can canadians apply also?
3dinfo@maficstudios.com
paypal is stupid. if the US treasury was smart enough, they'd have their own online money trust system.
The Address form does not accept non-US postal codes, how do you enter a postal code from Canada?
These sorts of Class Action Lawsuits have become the bane of our legal system here in the United States. The legislation which created the Class Action Lawsuit as a vehicle for litigation was intended to allow the average citizen a reasonable opportunity to collect damages resulting from a legal action. However, in practice the Class Action Lawsuit has benefited nobody except the trial lawyers. The $0.35 which individual claimants are likely to receive is far outweighed by the increased costs which are incurred by individuals as a result of higher insurance rates, more expensive goods and services, and unaffordable health care. The entire concept was engineered by the trial lawyers to lower the burden of proof in civil litigation, multiply the amount of damage awards, and increase the likelihood of settlements. The lawyers pocket a larger percentage of the settlements for less work and society and everyone else is worse off.
but that was before ebay bought them. One of my buyers got a refund from me because she accidentally paid for something twice. When she tried to get that 2nd payment back on her credit card, paypal couldn't differentiate between a chargeback and a refund to her card. I had no previous history with ebay or paypal, good standing etc and so on but they froze my account, nothing coming in or going out... for a week. I couldn't find a phone number and they took 24 hours to return my emails. So, in theory, I lost money... ebay being my sole income (in college). Still debating jumping on the band wagon but might not be worth the trouble...
Trial Lawyers.
We need tort reform desperately!
mod parent up
It's like 'grassroots', but fake. Basically, it's ground-level marketing that's undertaken by a large interest (corporation, for example) to simulate a grassroots 'movement' or groundswell, when, in fact, it's just as calculated as any other marketting effort.
Battling Beasts
STATUTORY DAMAGE FUND CLAIM
Complains that my non-US zip code and phone numbers are invalid!!!
Jesus god damn christ I'm so sick of this fucking shit... "Oohhh booo freaking hoooo I dont live in the US and this story is about the US and I dont live there so I'm going to fucking whine like a little fucking bitch beacuse I dont live in the US by the way did I mention that the US sucks and I dont live there so why am i reading this story boooooooo fucking hoooooo".
SHUT THE FUCK UP.
First of all, the lawsuit does not say "everyone in the US", it just lists about 10 countries that are not eligible, but that still leaves PLENTY MORE that are OUTSIDE OF THE US that are eligible.
Maybe if you had RTFA before posting your bullshit, I wouldnt be telling you to fuck off and die.
Thanks,
Your friends in the US of A
You'd think with millions of dollars the lawyers would be able to afford a decent web host:
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The host 63.123.235.144 could not be contacted. If this persists, you should contact the administrator of the remote site.
In the notice I received it states that "PayPal does not believe that it did anything wrong. In fact, PayPal disputes that the EFTA, originally passed in 1978, applies to its business. PayPal denies any and all liability for the claims alleged in the lawsuit." I understand that PayPal may feel that they did nothing "legally" wrong as PayPal states that they feel the EFTA laws do not apply to their business. But does PayPal feel like they did anything wrong, perhaps not legally, but ethically, concerning the charges aganist them? PayPal has caused a lot of grief to a lot of people in suffering account restriction(s) and/or unauthorized electronic fund transfer(s), and it is widely documented how PayPal has been negligent in responding appropriately to such requests for assistance. We feel like an apology is deserved. Does PayPal still feel like did no wrong, in the general sense of the word?
Thank you,
Max Hodges
White Rabbit Press
Did you find a solution yet? Check back here later, I will make a yahoo group for Non-US people to complain and get answers in a second.
So how do we prove this? I haven't looked at the long form yet but sounds like it is going to be crazy. They beat me out of $537.00 because of the way they handled a dispute but how do I prove that is the question.
PayPal Ain't My Buddy
Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
Nope. No solution. Please post back here if you find out more.