Paypal Slips 'No Class Action' Clause Into Policy Update 294
First time accepted submitter Guru80 writes "PayPal recently posted a new Policy Update which includes changes to the PayPal User Agreement. The update to the User Agreement is effective November 1, 2012 and contains several changes, including changes that affect how claims you and PayPal have against each other are resolved. You will, with limited exception, be required to submit claims you have against PayPal to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (Section 14.3) by December 1, 2012. Unless you opt out: (1) you will only be permitted to pursue claims against PayPal on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. With so many privacy policies changing to include such wording, does it really hold any weight if some obscure and buried opt-out option isn't checked?"
Re:Legal? (Score:5, Interesting)
Class Action Lawsuits are often a big scam by the lawyers for them to make millions of dollars. While the "victims" (A mix of people who were actually a victim, and people who seem to meet the criteria but never really had a problem, but wants a few bucks) get their check for ten bucks.
Yes there are some good Class Actions out there, but most of them are just lawyers grabbing for money. After all is said and done. The company lost a lot of money, which could have gone to making things better earlier, and new jobs. And the real victims get joke change.
Non-Class actions where each victim has a separate suite can be more profitable to the victim, and causes the company to change before such suits become more common.
You Sir have a real problem understanding the rationale for a class action. It is not there to make the victims milionaires. It is there as a way to inflict punitive damages to a corporation.
Without class actions it becomes almost impossible for a single guy to "fight" against the wrong doings of a corporation. Think about the tabacco industry and where we would be without class actions suits against them. Taking away this tool was one of the most brain dead decisions the justice system ever made.
Those who are against class action as a puntive tool against corporations are either idiots (genuine idiots) or bought off by corporations.
Re:Legal? (Score:2, Interesting)
And... judgements in small claims court are so enforceable, right? Yes, if you're the company, as you have many ways to extract the judgement. If you're the individual? Good luck with that.