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Paypal at it again! You cannot sue..OPT OUT!

Discussion in 'BlackHat Lounge' started by MiLiTARYiV, Oct 19, 2012.

  1. MiLiTARYiV

    MiLiTARYiV Senior Member

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    PayPal has been hit with a lot of grief recently, namely due to holding your funds under review for no reason and making changes to your account with your permission. Obviously, these things are what lead to users suing the company, so PayPal ended up updating their policy a few days ago, which now requires users to to mail in an ?opt out? form if they want to retain the ability to sue PayPal in class action.




    This is arguably one of the most deliberate moves we?ve seen a company make in order to protect itself from its users, and it shows that they know they?re making decisions that could get them sued by their fellow users. Obviously, they know that most users are too lazy to actually mail something nowadays. Then again, Sony is also guilty of this.

    You have until November 1 to opt out, and the letter ?must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the PayPal account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.?

    So, if you use PayPal on a regular basis (like I do), we would strongly recommend that you read over the updated PayPal policy. And if you?re not willing to ditch PayPal, then it?s probably in your best interest to mail in an opt-out letter. For your convenience, a letter template is already available for you, thanks to Engadget?s

    Darren Murph.


    http://www.slashgear.com/paypal-updates-policy-to-prevent-users-from-suing-10251248/
     
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  2. ja1myn

    ja1myn Senior Member

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    Old news man. Like anyone would be retarded enough to sue PayPal anyway.
     
  3. LakeForest

    LakeForest Supreme Member

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    Saw another thread about this, but lost it, thank you for bringing this back.

    I figure I'll send them something, not because I want to sue or intend to even "keep my options open," but because asserting you're a human and alive is always good now and again when dealing with a corporation (especially a financial one).
     
  4. ShadeDream

    ShadeDream Elite Member

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    They want war, they shall have war! I say we all go send a whole bunch of opt out letters with randomly generated details and fill up their mail faster then they can process it.

    On a serious side, this is complete bullshit. I don't understand how Microsoft got sued to give the user a choice of which browser they want to use and no one is doing anything against PayPal...
     
    Last edited: Oct 19, 2012
  5. thejake

    thejake Jr. VIP Jr. VIP Premium Member

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    So I have to send them a letter if I want to keep getting a check for $5 or $10 every few years from those class action lawsuits that sue paypal for not paying out the promos they said they would. Yep going to jump right on that.
     
  6. razeen72

    razeen72 Newbie

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    i hate paypal SOOO MUCH....they screwed me over alot....froze my funds soo many times....never using them again
     
  7. afallison

    afallison Regular Member

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    if 99% of people ignore it then you'll get way more than a couple bucks in a suit. don't be lazy and protect yourself. for a reference, here is the procedure to opt out:

    You can choose to reject this Agreement to Arbitrate ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice"). For new PayPal users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept the User Agreement for the first time. If you are already a current PayPal user and previously accepted the User Agreement prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than December 1, 2012. You must mail the Opt-Out Notice to PayPal, Inc., Attn: Litigation Department, 2211 North First Street, San Jose, CA 95131.

    The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the PayPal account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of Section 14 (Disputes with PayPal), will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

    They make it so easy don't they..
     
  8. worldismine

    worldismine Regular Member

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    Paypal is only hurting them self by updating their TOS with this garbage. If you followed any of the PayPal lawsuits you will know that what paypal is trying to do is unconstitutional and a judge will always laugh at contracts like this.


    YOU CANNOT MAKE SOMEONE SIGN A CONTRACT SAYING THEY WONT SUE. (well you can, but it just wont hold up in court.)
     
  9. goodtimes

    goodtimes Power Member

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    TOS are not the law. Just because Paypal updates their terms does not mean it would actually hold up in civil court if their was a lawsuit that was legitimate. Courts in the US generally favor the underdog in any contract related business case.

    The thought is that if you were not in the position to negotiate a business contract, then it is easier for the more powerful party to screw you over.

    Now that doesn't mean you will win (especially against someone as big as Paypal) but if the case is legitimate and strong enough, you still have a fighting chance to.
     
  10. gypsyr0ad

    gypsyr0ad Regular Member

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    So whats to stop them from saying they never even received your letter?

    IMO that letter don't mean squat in the eyes of the law.
     
  11. jennysmart

    jennysmart Newbie

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    When I read this, I figured out they are up to something fishy, why didn't they put up a page in their website for the opt out trash. I have lost so much funds to paypal too but opting out of paypal will not be such a good idea, this is because it has gained lot more popularity than any other payment option. for me, I will continue managing their service, I don't have an option