PayPal Settles Class Action Lawsuit 280
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 real story (Score:5, Informative)
THIS is the actual PayPal story [com.com] (from 6/14/04), which is referenced at the bottom of the eBay one linked in the article.
I don't understand it all... (Score:2, Interesting)
Re:I don't understand it all... (Score:4, Interesting)
Re:I don't understand it all... (Score:3, Informative)
"European Union residents are excluded." (Score:3, Interesting)
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???
Re:I don't understand it all... (Score:4, Informative)
Re:I don't understand it all... (Score:2, Informative)
Re:I don't understand it all... (Score:4, Informative)
Daniel
Re:I don't understand it all... (Score:2)
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:
* You experienced an unauthorized or incorrect electronic transfer to or from your PayPal account;
* Your PayPal account was improperly restricted or access was improperly limited;
* You requested information from PayPal about an account restriction or limitation or unauthorized transfer
Re:I don't understand it all... (Score:2)
Ok, so what makes me a member of the class?
4. HOW DO I KNOW IF I AM PAR
Re:I don't understand it all... (Score:2)
Re:I don't understand it all... (Score:3, Informative)
Re:I don't understand it all... (Score:2)
Statutory Damage Claim Form,
Short Claim Form,
Long Claim Form
Re:I don't understand it all... (Score:3, Informative)
If you believe you are a claim member and do not fall within the definition of a "Dispute Resolution Claimant" as defined in the Notice of Pendency of Class Action and Proposed Settlement you can make a claim for a payment from the Statutory Damage Fund.
Use this form [gardencitygroup.com] to file a statutory damage claim.
Paypal still gets interest (Score:3, Insightful)
Here's the Email... (Score:5, Informative)
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
Yikes! (Score:5, Funny)
I just imagined it continuing a bit differently...
And so on...
--Mark
Legal Fees (Score:5, Insightful)
So who's the winner here?
Re:Legal Fees (Score:4, Funny)
Re:Legal Fees (Score:2, Insightful)
The lawyers, as usual. In every class action lawsuit that I've been a part of (as a member of the class), they're the only ones making any money.
That in itself doesn't really bother me, it's just that the whole thing seems like a waste of time, money, and resources.
Re:Legal Fees (Score:2)
What are their costs in bringing and conducting the class action? Those are among the most expensive litigation. How many class actions don't end up going anywhere, leaving the lawyers with a big loss, since preparing for a class action is expensive?
Re:Legal Fees (Score:3, Informative)
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 mil
Re:Legal Fees (Score:2)
They only did a small amount of damage to each user, so the users themselves aren't really entitled to a lot of money.
Please, Please, Please don't let this kill Paypal. (Score:2, Insightful)
Re:Please, Please, Please don't let this kill Payp (Score:2)
Can you spell ASTROTURFING?
Re:Please, Please, Please don't let this kill Payp (Score:5, Informative)
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 [adzoox.com]
Re:Please, Please, Please don't let this kill Payp (Score:2)
Re:Please, Please, Please don't let this kill Payp (Score:2, Insightful)
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 wa
Re:Please, Please, Please don't let this kill Payp (Score:3, Insightful)
Re:Please, Please, Please don't let this kill Payp (Score:2)
Watch out! (Score:3, Funny)
Re:Watch out! (Score:5, Informative)
Re:Watch out! (Score:2)
Comic gold (Score:5, Interesting)
Re:Comic gold (Score:5, Insightful)
You may want them to be, since they do so many transactions that affect monies and commerce in the states and worldwide. But until you can set up a mortgage, loan, or interest bearing savings account with them, I wouldn't hold my breath waiting for them to be cited for bank law violations: you can't put a (legal) square peg in a round hole. They avoid offering these services precisely for the reason that seems to upset you.
The appropriate legal solution here would be to reform banking laws in the new age of internet finance to have relevant legal banking code apply to them.
.
Re:Comic gold (Score:2)
Now that I thnk about it, how can paypal absorb an online bank (X.com) and still say they're not a bank?
Why is paypal to blame for this? (Score:3, Insightful)
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 [tradesims.com]. I know you want to do it.
Re:Why is paypal to blame for this? (Score:5, Informative)
Re:Why is paypal to blame for this? (Score:2)
Re:Why is paypal to blame for this? (Score:2)
So a credit card company will refuse to pay any of the money owed to a company if someone uses a stolen card there (including money paid before the questioned transaction), as well as refuse to let them accept new transactions? I've had a disputed charge before, and the online retailer didn't have to shut down their credit card processing because someone challenged a charge (as PayPal will force you to do).
Re:Why is paypal to blame for this? (Score:3, Interesting)
Paypal's problem is that they want it both ways. They want to act like a financial instution when it suits them, yet they want to be exempted from financial institution rules when it suits them.
Visa/MC could put them out of business if they would issue one-time credit card numbers, associated with specific dollar amounts, thet could be sent via email or whatever and then redeemed at a Vis
Re:Why is paypal to blame for this? (Score:4, Informative)
The difference with cash is that you're not playing with credit - just real money, and that's not regulated.
I think Paypal just want to be an intermediary with no obligations other than to say 'nothing to do with us mate', and 'we have charged you our fee for using paypal. have a nice day'.
Re:Why is paypal to blame for this? (Score:2)
If I use a credit card, I certainly can expect the bank to resolve my problems. Why? Because, unlike an ATM card where it is a *direct* link from the transaction to your money in the bank, the credit card is a separate service that collects from one party and distributes to the other... Just like PayPal.
From a quick glance at the reasons behind the consume
Re:Why is paypal to blame for this? (Score:2)
I am not saying PayPal is perfect, but they do make it clear in their Seller's Protection that
Payment? You must have experienced a loss... (Score:4, Informative)
Therefore, don't get too excited -- the average PayPal account holder gets nothing from this Class Action resolution...
Re:Payment? You must have experienced a loss... (Score:3, Informative)
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
Re:Payment? You must have experienced a loss... (Score:2)
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
Did you not read the article? (Score:5, Informative)
"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.
Re:Payment? You must have experienced a loss... (Score:2)
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.
USA != the world (Score:4, Informative)
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".
Re:USA != the world (Score:2)
What would you do with 35c? (Score:2, Interesting)
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.
Re:What would you do with 35c? (Score:2)
Re:What would you do with 35c? (Score:5, Funny)
Hey, wait a minute...you can't presume to lecture us on behalf of the rest of the entire world.
That's France's job.
Re:What would you do with 35c? (Score:2)
Well, without the US you wouldn't be reading
Re:USA != the world (Score:3)
Of course, I can't actually get any money out of them, because you bastards Slashdotted the site as I was half way through filling out the form
Oh, but the form insists you give it a valid US zip code. That aint gonna happen, considering my country doe
Re:USA != the world (Score:2)
90210 is a valid US zip code. Does the form say A> The valid US zip code of the place you reside or B> A valid US zip code.
If the correct answer is B you are in! It doesn't say you have to live within the zip code you give them, it just says give them a valid US zip code
This is a joke.
Re:USA != the world (Score:5, Informative)
"... anyone who resides in Austria, Belgium, Denmark, Germany, Greece, Finland, France, Ireland, Italy, Luxembourg, Portugal, Spain, Sweden, The Netherlands, or United Kingdom"
Of course, this leaves the following countries which ARE eligible (according to their signup form, but exclude any countries which weren't available before 2004):
United States, Anguilla, Argentine, Australia, Brazil, Canada, Chile, China, Costa Rica, Dominican Republic, Ecuador, Hong Kong, Iceland, India, Israel, Jamaica, Japan, Malaysia, Mexico, Monaco, New Zealand, Norway, Singapore, South Korea, Taiwan, Thailand, Uruguay, and Venezuela.
Re:USA != the world (Score:2)
Re:USA != the world (Score:2)
Re:Insightful my ass (Score:2)
The company may be US-based, but they have customers in many other countries. These customers have just as much been subject to the issues addressed in this court case. And even though this is a US court case, customers from Australia, New Zealand and some other countries are not excluded from filing a claim. It's only EC residents who are excluded (I wonder why...?)
The parent poster was right to take issue with the word 'everyone'.
Re:Insightful my ass (Score:2)
This is the reason that non-US citizens are not included in the class action suit. With a win on this case, it would not be difficult to find a pro-bono attorney to handle the same case but with non-US citizens.
Re:Insightful my ass (Score:2)
$0.35 bleh... (Score:3, Interesting)
Oh well, with any luck, soon I'll only be out of $149.65...
Re:$0.35 bleh... (Score:2)
It is *NOT* limited to 35 cents (Score:5, Informative)
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***
I got my twenty (Score:2)
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
Re:$0.35 bleh... (Score:2)
I never got a single email reply (infact, through the whole dispute I never received a single human written email), but the money did turn up in my bank acc
future lawsuits (Score:5, Informative)
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.
Re:future lawsuits (Score:2, Insightful)
Short form Vs Long Form (Score:3, Funny)
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.....
Well, sorta. (Score:3)
The money (Score:2)
About as useful as a mail in rebate (Score:2, Insightful)
Which means, in the end, that this verdict will mean very very little to paypal. They should give their lawyers a bonus.
Does it apply to international cusomers? (Score:2)
Re:Does it apply to international cusomers? (Score:2, Informative)
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 following class for purposes of the settlement: All Persons who opened a PayPal account during the period from October 1, 1999 through January 31, 2004. Excluded from the class are any judicial officer to whom the lawsuit is assigned; PayPal and any of its affili
$0.35 (Score:5, Informative)
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."
Meh (Score:3, Insightful)
Re:Meh (Score:2)
Office space (Score:2, Funny)
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 familiar [imdb.com]I created a PayPal account..... (Score:2)
What does this mean for me?
not free money (Score:3, Informative)
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:
Re:not free money (Score:3, Informative)
to determine when you signed up for a PP account (Score:4, Informative)
Status: Verified (23)
That will give you your member info box with your sign up date.
-gary
Amazing (Score:4, Funny)
Re:Amazing (Score:2)
> ambulance chaser?
Law school... duh?
Re:Amazing (Score:3, Informative)
Which way to swing? (Score:2, Interesting)
PayPalSucks.com (Score:5, Informative)
Finally (Score:2, Funny)
$0.35 it is.... (Score:3, Funny)
Well now that you put it on
To claim your $0.35 ... (Score:3, Funny)
Don't Slashdot the money! (Score:2)
Damn you, Slashdot Effect! Now the settlement really will be $0.35 per person...
Lawyers win....again. (Score:2)
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).
Suspicious (Score:2, Funny)
Never use PayPal. (Score:2)
Re:That much eh? (Score:2)
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
How the settlement will work... (Score:5, Informative)
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.
There will be fraud over the fraud claims too (Score:2)
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 [adzoox.com] on my website.
Re:I hope you read the fine print (Score:2)