someone has to stop PAYPAL by filing a lawsuit

[kaban18]

What is the name of your state? SD

Ok guys I am fed up with PayPal up to my neck so looking for some help.
I have been a seller on eBay for over 5 years now, so far I have been screwed over numerous times by PayPal. Just and example; I sell the laptop to Mexico, buyer pays with Paypal, laptop is send with tracking with USPS but for some reason delivery is slow and meanwhile buyer files Paypal claim and gets all of his money back, a few days later tracking info finally shows up but Paypal will not do anything about it , I’m out $800 at this point. Another scenario , I buy a $425 laptop pay with PayPal, I receive a phone book with tracking info instead, PayPal doe snot do anything about this and I’m out $425. Latest screw up was when I sold a $175 item to buyer and after receiving item buyer files claim that items is not as described so ok he ships item back to me and for some mysterious reason item get forwarded back to buyer on the same day when its in my local USPS office, buyer gets my item and im out $175 and after numerous attempts to explain to PAYPAL that buyer is scamming me, they just said that it looks like item was in my town from tracking information.
At this point I’m furious at Paypal at the way the do business, they do not properly investigate buyer complaints and in the result honest sellers and buyers loose money.
What can I do at this point? Lawsuit against paypal is appropriate at this time I believe, but I have no clue about how to do this.
ANy info greatly appreciated.

 

[Zigner]

Read your user agreement very carefully. If you don't like their policies, don't use their services.

 

[DyingFaerie]

I suspect you won't have much luck waiting for "someone" to file a lawsuit. I'm sure you can give it a shot with whatever information and documentation that you have, but I wouldn't be too optimistic if I were you.

 

[Zigner]

https://www.paypal.com/us/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/USUA-outside#dispute-policy

14. Disputes with PayPal.

1.

14.1 Contact PayPal First. If a dispute arises between you and PayPal, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and PayPal regarding our Services may be reported to Customer Service online through the PayPal Help Center at any time, or by calling (402) 935-2050 from 6 AM to midnight Central Time.
2.

14.2 Alternative Dispute Resolution. If you are unable to resolve your issue by working directly with us, PayPal will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or binding arbitration as alternatives to litigation. Accordingly, you and PayPal agree to resolve any claim in accordance with this Agreement, or as otherwise agree to in writing.
3.

14.3 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
4.

14.4 Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in section 14.3 above, you agree that any claim or dispute you may have against PayPal must be resolved by a court located in either Santa Clara County, California, or Omaha, Nebraska. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, or Omaha, Nebraska for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.
5.

14.5 Improperly Filed Litigation. All claims you bring against PayPal must be resolved in accordance with section 14 of this Agreement. All claims filed or brought contrary to section 14 shall be considered improperly filed a breach of this Agreement. Should you file a claim contrary to section 14, PayPal may recover attorneys fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that PayPal has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
6.

14.6 No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
7.

14.7 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
8.

14.8 No Warranty. PAYPAL, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PAYPAL, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PayPal does not have any control over the products or services that are paid for with our Service and PayPal cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. PayPal does not guarantee continuous, uninterrupted or secure access to our Service, and operation of our site may be interfered with by numerous factors outside of our control. PayPal will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but PayPal makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

 

[TheGeekess]

What is the name of your state? SD

Ok guys I am fed up with PayPal up to my neck so looking for some help.
I have been a seller on eBay for over 5 years now, so far I have been screwed over numerous times by PayPal. Just and example; I sell the laptop to Mexico, buyer pays with Paypal, laptop is send with tracking with USPS but for some reason delivery is slow and meanwhile buyer files Paypal claim and gets all of his money back, a few days later tracking info finally shows up but Paypal will not do anything about it , I’m out $800 at this point. Another scenario , I buy a $425 laptop pay with PayPal, I receive a phone book with tracking info instead, PayPal doe snot do anything about this and I’m out $425. Latest screw up was when I sold a $175 item to buyer and after receiving item buyer files claim that items is not as described so ok he ships item back to me and for some mysterious reason item get forwarded back to buyer on the same day when its in my local USPS office, buyer gets my item and im out $175 and after numerous attempts to explain to PAYPAL that buyer is scamming me, they just said that it looks like item was in my town from tracking information.
At this point I’m furious at Paypal at the way the do business, they do not properly investigate buyer complaints and in the result honest sellers and buyers loose money.
What can I do at this point? Lawsuit against paypal is appropriate at this time I believe, but I have no clue about how to do this.
ANy info greatly appreciated.

It looks like eBay is not the hobby for you. Try decoupage or hang-gliding.

 

[ariastar]

What can you do? Set up a merchant account with another company and hope you don't fall into the group being forced to accept PayPal. If you are, you're stuck. Ship ONLY to U.S. buyers, and withdraw all funds to your bank account every evening.

 

[kaban18]

common I know Im not the only one having issues with them..

So I can't even file anything against them in my state? that so crazy
what a bunch of crooks

 

[quincy]

I don't know if this applies to your situation or not, kaban, but there IS a "PayPal" scam that the FTC is investigating. It is not the legitimate PayPal involved.

Emails are sent to PayPal users. The emails are fake.

You can go to www.fightidentitytheft.com/paypal_scam.html for more information.

 

[Zigner]

I don't know if this applies to your situation or not, kaban, but there IS a "PayPal" scam that the FTC is investigating. It is not the legitimate PayPal involved.

Emails are sent to PayPal users. The emails are fake.

You can go to www.fightidentitytheft.com/paypal_scam.html for more information.

EXCELLENT information - but not applicable in this case. But, excellent to keep reminding people about these sorts of scams...

 

[Zigner]

common I know Im not the only one having issues with them..

So I can't even file anything against them in my state? that so crazy
what a bunch of crooks

YOU agreed to do business with them and YOU agreed to their policies.

 

[kaban18]

where in their policy does it say that they can just take money out of my account because they think so?

 

[TheGeekess]

From the PayPal User Agreement:

where in their policy does it say that they can just take money out of my account because they think so?

"4.5 Risk of Reversals, Chargebacks and Claims.When you receive a payment, you are liable to PayPal for the full amount of the payment plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus the applicable Fees listed in section 8 of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment. You agree to allow PayPal to recover any amounts due to PayPal by debiting your Balance. If there are insufficient funds in your Balance to cover your liability, you agree to reimburse PayPal through other means. If the transaction is eligible under the Seller Protection Policy in section 11, PayPal will cover the amount of the Reversal or Chargeback and waive the Chargeback Fee, if applicable."

"10. Your Liability - Actions We May Take.

10.1 Your Liability. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by PayPal, a PayPal User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse PayPal, a User, or a third party for any and all such liability.
3.

10.2 Actions by PayPal. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect PayPal, eBay, a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
1. We may close, suspend, or limit your access to your Account or the Services (such as limiting access to any of your Funding Sources, and your ability to send money, make withdrawals, or remove financial Information);
2. We may contact buyers who have purchased goods or services from you, contact your bank or credit card issuer, and warn other Users, law enforcement, or impacted third parties of your actions;
3. We may update inaccurate Information you provided us;
4. We may refuse to provide our Services to you in the future;
5. We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability; and
6. We may take legal action against you.

PayPal, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you."

https://www.paypal.com/us/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/USUA-outside

 

[Tallrat]

I have lucked out with paypal so far but have heard may horror stories. I will be switching to these guys soon as a lot of people I deal with like them and they are not 3rd party like Paypal

http://easycharge.net/1/

 

[JustAPal00]

Get your own credit card account through your bank! Then you can accept Visa, Mastercard, or Amex if you want. In the early days of eBay I did it!