PayPal is playing "divide and conquer" Opt out now!

Tixx

Flashlight Enthusiast
Joined
Mar 29, 2009
Messages
1,975
Taking away your rights straight from PayPal:


"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."


How to opt out straight from PayPal:


Opt-Out Procedure. 

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.




Example letter, just remember to sign your name at the bottom or else it is not valid


PayPal, Inc.,
Attn: Litigation Department,
2211 North First Street,
San Jose, CA 95131. 






Dear Paypal,


I do not agree to this Agreement to Arbitrate.


*Your Name Here*


*Your Address Here*


*Your Phone # Here*


*Your e-mail address/es here*


YOUR SIGNATURE
 

Fusion_m8

Flashlight Enthusiast
Joined
Dec 23, 2005
Messages
1,922
Location
Melbourne, Australia.
In my opinion, under Australian consumer laws, any terms of service that voids a person's right to legal recourse given by state and federal authorities is deemed an illegal clause and is not recognised by the court of law here. Any terms in a contract that seeks to exclude the law, cannot be legally enforceable. However that doesn't stop large companies with the advantage in bargaining power to try and scare ignorant consumers into believing that the TOS that they had no choice but to accept is The Law. Thank goodness, the courts in Australia prefers to help the underdog and I have seen so many of these exclusions in the TOS of these corporations thrown out by the court. The ACCC loves to level the playing field and get rid of the David vs Goliath scenarios.
 
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Monocrom

Flashaholic
Joined
Aug 27, 2006
Messages
20,123
Location
NYC
Ah . . . Latest round of BS from PayPal. They are creative with their BS. I'll give them that.
 

mattheww50

Flashlight Enthusiast
Joined
Jun 24, 2003
Messages
1,048
Location
SW Pennsylvania
Actually the PayPal policy is a mirror image if the eBay Policy, which was annouced about a month earlier, which also requires you to Opt out in writing.
see http://pages.ebay.com/help/policies/user-agreement.html#arbitrate

No surprise since PayPal is owned by Ebay.
They Ebay notice goes to:

Opt-Out Notice to eBay Inc.,
c/o National Registered Agents, Inc.,
2778 W. Shady Bend Lane,
Lehi, UT 84043.
 

Monocrom

Flashaholic
Joined
Aug 27, 2006
Messages
20,123
Location
NYC
PayPal and eBay can make up all the BS they want. As pointed out above, in some places their new policy would be a violation of the law. So, folks living in those jurisdictions will still be able to sue if they wish.
 
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