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PayPal Told Customer Her Death Breached Its Rules (bbc.com)

dryriver shares a report from the BBC: PayPal wrote to a woman who had died of cancer saying her death had breached its rules and that it might take legal action as a consequence. The firm has since acknowledged that the letter was "insensitive," apologized to her widower, and begun an inquiry into how it came to be sent.

Lindsay Durdle died on May 31 aged 37. She had been first diagnosed with breast cancer about a year-and-a-half earlier. The disease had later spread to her lungs and brain. PayPal was informed of Mrs Durdle's death three weeks ago by her husband Howard Durdle. He provided the online payments service with copies of her death certificate, her will and his ID, as requested. He has now received a letter addressed in her name, sent to his home in Bucklebury, West Berkshire. It was headlined: "Important: You should read this notice carefully." It said that Mrs Durdle owed the company about 3,200 pounds (~$4,200) and went on to say: "You are in breach of condition 15.4(c) of your agreement with PayPal Credit as we have received notice that you are deceased... this breach is not capable of remedy."
According to a PayPal staff member, there were three possible explanations for how the letter was sent: a bug, a bad letter template, or human error. PayPal is continuing to work with Mr Durdle and has written off the debt in the meantime.

22 of 241 comments (clear)

  1. Human Error by Thelasko · · Score: 4, Informative

    Bugs and bad letter templates all have the same cause: human error.

    Computers don't make mistakes.

    --
    One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    1. Re: Human Error by TimMD909 · · Score: 4, Interesting

      Computers have it out for us. They always do exactly what we tell them and not exactly what we want them to do.

    2. Re:Human Error by ZorinLynx · · Score: 3, Insightful

      This is a pretty major human error.

      How does someone write: "we have received notice that you are deceased." and not realize something is wrong? Unless the person doesn't know what "deceased" means, which I suppose is possible, but even then you'd expect someone to notice something like this in code review.

      Sending a letter to a dead person (that the company knows has died) is ridiculous on its own; the letter should be addressed to next of kin.

    3. Re:Human Error by Xenx · · Score: 4, Insightful

      To be candid, repayment of outstanding debt is a legal matter. While I do believe this is in poor taste, it doesn't shock me in an official communication about the debt.

    4. Re:Human Error by Nutria · · Score: 5, Insightful

      Easy: there's a mail-merge template with the text "we have received notice that you are [reason_code]". At some point, some non-technical manager said that "deceased" should be one of the values, not thinking things all the way through.

      --
      "I don't know, therefore Aliens" Wafflebox1
    5. Re:Human Error by Anonymous Coward · · Score: 4, Insightful

      Saying "computers don't make mistakes" is like saying "if we knew everything, we could predict the weather". It's true, but meaningless, because it's predicated on a condition that is impossible to fulfill.

      Consider how many people are involved in running a simple computer program. Start with the team that wrote the program, the team(s) that tested it, the team that maintains it, the team that specced and accepted it, and the team that documented how to fit it into your workflow. The current operator, and the person who trained them, and the person who trained them. The team that specced, wrote, tested, documented, maintained and updated the operating system it runs on, and each of the various utilities and handlers that it depends on. Then the teams that did the same for the underlying silicon architecture, the surrounding network...

      There is no-one alive who even knows who all these people are, let alone is competent to review all their work. Let's assume one of them made an error - maybe an error in programming or testing, but just as likely an error in training ("deceased" should be flagged for special handling), or speccing (there should be a flag that suspends auto-generated letters when some conditions are applied, and that flag must be clearly visible to the person who's maintaining the list of conditions). It may even be an error in integration (this program is tested on Windows 7, but is being run on Windows Server 2012 R2).

  2. Re:Luckily, he's not in Germany ... by Anonymous Coward · · Score: 4, Interesting

    I don't believe that is entirely true. You can decline an inheritance if the estate in Germany is indebted.

  3. "Error" my ass... by Desler · · Score: 5, Insightful

    No, there's a much more plausible fourth explanation: Paypal is run by dicks.

  4. Re: Luckily, he's not in Germany ... by willaien · · Score: 5, Informative

    You must do so in a timely manner, in writing, notarized by a lawyer. It's assumed by default that you accept it if you don't do this.

  5. Re: Luckily, he's not in Germany ... by willaien · · Score: 4, Insightful

    Yes, but, in this case it's inheriting _debt_ by default unless you explicitly opt out.

  6. You can't die... That's ILLEGAL! by Dutchmaan · · Score: 4, Funny

    Dying as being a breach of contract would be a TOTAL Terry Gilliam plot!

  7. Re:Come and get it if you like boys.... by Anonymous Coward · · Score: 5, Funny

    Your subject line is yet another great example of the importance of commas.

  8. Re:regardless of her death she had debt by bobbied · · Score: 4, Interesting

    the wording might be insensitive but notifying her husband about it isn't that unusual, is it?

    Nope, this is just an attempt to collect a debt by PayPal. Poorly worded and untimely given his wife's death was already legally established by the copy of the death certificate he provided, but just SOP for debt collection. Common, even when the person in debt is dead. I got lots of demands for payment when my mother died. I wasn't liable for any of the debt, yet the letters came and got shreded.

    I do think that PayPal was stupid to try this, mainly because of the risk of a bad PR outcome. Receipt of a death certificate should suspend the account and all debt collection activities for any unsecured debt associated with the deceased.

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  9. Re:Does anyone here know what condition 15.4(c) sa by Anonymous Coward · · Score: 5, Interesting

    I would like to know what this is too. Looking up the terms and conditions, there is a 15.4, but no subclause (c):
    15.4 In the event you do not agree to the terms of a release amount, you may close your account unless otherwise prohibited under this Agreement. However, if your account is closed for any reason, we have the right to hold the amount retained in your PayPal account for up to 180 days.
    Can anyone else find more?
    catchpa: mystery :P

  10. Billable termination clause... by Anonymous Coward · · Score: 5, Interesting

    That was literally the opening plot of Brazil. Guy gets murdered during a swat-style raid looking for a guy whose name was one typo different, and as a result his family has to pay for his termination costs, despite it being the government's fault.

    That movie is an excellent watch by the way, although it is hard to tell what part of it is taking part in 'reality' and what part of it is in his mind, whether crazed, or after he is broken.

  11. Re:Didn't answer the important question by whoever57 · · Score: 5, Informative

    In the U.S. you are responsible for your spouse's debts when they die.

    Example number 1299006 of why you should not take legal advice from /.

    https://www.consumerfinance.go...

    --
    The real "Libtards" are the Libertarians!
  12. Re:Didn't answer the important question by jedidiah · · Score: 3

    > Example number 1299006 of why you should not take legal advice from /.

    It's almost like we're more like 50 petty fiefdoms than a single unified country or some such.

    The answer to a lot of stuff is "it depends". My state has some nice debtor protections but still has community property debt.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  13. Re: Luckily, he's not in Germany ... by bursch-X · · Score: 5, Funny

    In Japan mortgage loans comes with a life (actually death) insurance, so if I die before my loan is paid back, my wife gets the house, without paying a penny back. And no, she has no plans of killing me. The house isn't that great.

    --
    There are two rules for success:
    1. Never tell everything you know.
  14. The universe is insensitive by default by pem · · Score: 3, Interesting
    Sensitivity requires removal of entropy. This has to be done company-by-company, person-by-person, and it may not stick, because entropy is always being added.

    Even worse are the carpetbaggers who thrive on misery. When a loved one dies, be as prepared as you can for this sort of thing -- letters commiserating with you at this terrible occasion, and offering to buy your house immediately for cash. Half of these letters will be addressed to the deceased.

    In general (at least around here), the carpetbaggers are not breaking any laws, and the most you can do is write to them or call them, and ask "Does your mother know what you do for a living?" Not that that does any good with those illegitimate sons of crack whores, but it might temporarily make you feel better.

    The big companies are sometimes somewhat trainable, and I comment Mr. Durdle for attempting to train Paypal. I myself have attempted to train a few companies, such as Netflix. After trying multiple times to get their customer service people to do the right thing, I finally sent an email to their general counsel:

    From: Netflix <info@mailer.netflix.com>
    To: xxxx@zzzz.com
    Subject: xxxx, come back today to more TV shows & movies.

    More TV Shows & Movies to Love

    A lot has changed since you left. Come back to Netflix and enjoy newly added TV shows & movies. There's something for everyone to enjoy and we're always adding more, including Netflix original series and movies.

    (ad copy, buttons, etc.)

    From: yyyy <yyyy@zzzz.com>
    To: David Hyman <dhyman@netflix.com>
    Subject: Re: Fwd: xxxx, come back today to more TV shows & movies.

    Dear Mr. Hyman:

    It would be great if xxxx would come back. She could watch all the netflix she wanted and I wouldn't mind.

    But she's not coming back.

    (link to obituary)

    I canceled her account two months ago; somehow I managed to explain the situation to one of your people. But that's not good enough; now, in order to get your system to stop sending her email, I either need to provide information I don't have (a credit card number from a bank account which I closed), or I need to get a code so I can log into her netflix account.

    This is apparently done in the name of PCI compliance. Like SOX, or ISO-9000, those things done in the name of PCI compliance often don't actually help and may actually harm. E.g. I want to give her privacy, and absolutely do not want to log into her netflix account.

    I have fulfilled my responsibilities here; it is up to your company to insure that you stop sending advertising to my dead wife.

    It would also be great if you could empower your people enough so that issues like this could be taken care of with a single phone call, but that no longer seems to be the American way.

    Thank you for your prompt attention to this matter.

    Best regards,
    yyyy

  15. Re: Luckily, he's not in Germany ... by jpaine619 · · Score: 3, Interesting

    You are over simplifying. The law does not apply to all cancelled debts. It _mostly_ applies to debt that is a result of borrowing. i.e. you borrow $10,000 from a bank.. You never pay it back and eventually the bank writes it off (cancels it). You have effectively been paid $10,000. Thus it's income (sort of).

    Now, you rack up $10,000 in long distance phone charges and AT&T cancels the debt. You do not owe the IRS a dime. You were never given money. Although, you certainly don't get to write off the $10K bill from AT&T since you never paid it, and this may push you up to a higher tax bracket...

    That is, this law mostly applies to debt that involves the exchange of monies, from what I can tell. As with all things IRS, it's not crystal clear and you have to be a lawyer / CPA to be damn sure... But, your statement is demonstratively false, according to the IRS's own convoluted documentation.

  16. Re:Luckily, he's not in Germany ... by jpaine619 · · Score: 3, Insightful

    If you are serious, you are a fucking retard. I don't care how much you dislike Trump, to equate him with a philosophy that killed tens of millions of people is insulting to both groups.

    Trump may be a giant asshole, but he's not rounding up Jews and gassing them.

    I don't know which is worse.. The fact you imply Trump is as evil as Nazis or the fact that you make Nazis out to be less evil than they really were, by reducing them to the level of Trump.

  17. Actually wrong by aepervius · · Score: 3, Informative

    You can always refuse an inheritance, the trick is , you have to refuse it *wholesale*. Meaning you can't pick and chose. Furthermore if the debt was cosigned by *both* spouse then in some cases the other signatory still continue to hold the debt.

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