Paypal, massesøksmål og erstatning?

[frenzy81]

Jeg regner med det er flere enn meg som meldte meg på PayPal en gang mellom 1999 og 2004, og som også har fått epost om dette massesøksmålet mot dem nå.

 

Det står blant annet at du kan søke om å få erstatning, enten en søknad om å få 50$ eller en annen søknad som må vurderes dersom det er snakk om mer penger.

 

Det jeg lurer på er om noen andre har lest og forstått innholdet i dette søksmålet?

 

Er det ALLE som har hatt dårlige erfaringer med betaling over paypal som kan søke om erstatning? Jeg tapte nemlig nesten 4000 kroner i en handel der en gang, og det hjalp ikke å klage til paypal den gang...

 

Har limt inn deler av mailen her:

 

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 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 affiliates; any current or former employee, officer, or director of PayPal; anyone who resides in Austria, Belgium, Denmark, Germany, Greece, Finland, France, Ireland, Italy, Luxembourg, Portugal, Spain, Sweden, The Netherlands, or United Kingdom; and all persons who timely and validly request exclusion from the class pursuant to this notice.

 

Thus, if you opened a PayPal account between October 1, 1999 and January 31, 2004, and are not one of the excluded persons listed above, you are a member of the class

 

<snip>

 

6. WHAT DOES THE SETTLEMENT PROVIDE?

 

A. Injunctive Relief

The settlement requires that PayPal consent to the entry of an order, called an injunction, that mandates various changes to PayPal's business practices. PayPal has already implemented these changes. The injunction includes PayPal's agreement to comply with certain notice and error resolution procedures of the EFTA, and to follow certain procedures for limiting accounts and responding to and returning funds to customers whose accounts have been limited. A copy of this injunction can be found as Exhibit D to the Settlement Agreement, entitled "Form of Injunctive Order."

 

B. Monetary Relief

Under the settlement, PayPal will pay $9.25 million into a settlement fund, to be held in an interest-bearing account. The fund will be used (1) to make payments to class members who submit valid claims before the claims deadline; (2) to pay certain costs of giving notice to the Class and of settlement administration, as approved by the Court; and (3) to pay attorneys' fees and expenses to Class Counsel in the amount awarded by the Court. Class Counsel have proposed that, after deduction of notice and administrative costs and Class Counsel's attorneys' fees and expenses, the balance of the fund ("Net Settlement Fund") be applied in accordance with a written plan of allocation. (The following explanation is qualified in its entirety by reference to the Plan of Allocation attached to the Settlement Agreement as Exhibit C, a copy of which is on file with the Court and available on the Internet at https://www.paypal.com/settlement/.)

 

 

1. Certain Definitions

Certain capitalized words are used in this part of the Notice to describe the way in which the Net Settlement Fund will be allocated. These capitalized words have the following meanings:

(a) "Released Persons" means PayPal and its past and present partners, affiliates, predecessors, successors, assigns, parents, subsidiaries, officers, directors, attorneys, and employees.

 

(b) "Fund Claimants" are class members who submit timely, valid claims in accordance with the procedures described in this notice.

 

© "Dispute Resolution Claimants" are Fund Claimants who contend that, prior to February 1, 2004, they:

 

(i) experienced or reported to PayPal an unauthorized or incorrect electronic transfer to or from their PayPal account including, without limitation, electronic transfers initiated by (a) the Fund Claimant; (b) PayPal in connection with, among other things, chargebacks, refunds, buyer complaints, PayPal's Seller Protection Policy, Buyer Complaint Process and/or Buyer Protection Policy; or © any third party;

 

(ii) had access to their PayPal account improperly, incorrectly or erroneously limited or restricted, in whole or in part;

 

(iii) made a request for information in connection with PayPal's restriction or limitation of the Fund Claimant's PayPal account or regarding an incorrect or unauthorized electronic transfer to which PayPal did not respond at all or did not respond to the Fund Claimant's satisfaction.

(d) "Statutory Damage Fund Claimants" are all Fund Claimants who are not Dispute Resolution Claimants.

 

2. Statutory Damage Fund Claimants

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. This means that if you are a member of the Class and do not fall within the definition of a "Dispute Resolution Claimant," as set out above, you can make a claim for a payment from the Statutory Damage Fund. The Statutory Damage Fund provides compensation for potential statutory damages under the Electronic Fund Transfer Act ("EFTA"), 15 U.S.C. §§ 1693 et seq. Statutory damages under the EFTA are limited by law to no more than $500,000 for any class of individuals claiming "the same failure to comply." Plaintiffs' counsel contended in the litigation and for purposes of settlement that PayPal was potentially liable for multiple failures to comply, a position PayPal vigorously opposed.

 

The Statutory Damage Fund Claim Form requires you to provide certain identifying information and sign a statement under penalty of perjury authenticating your claim, which may be subject to verification by PayPal's records. To make a claim for payment from this fund, please complete and submit the Statutory Damage Fund Claim Form available on the Internet at https://www.paypal.com/settlement/ in accordance with the instructions on the form.

 

3. Dispute Resolution Claimants

The balance of the Net Settlement Fund will be allocated for distribution to Dispute Resolution Claimants. If you fall within the definition of a "Dispute Resolution Claimant," as set out above, you have the right to make a Dispute Resolution Claim. You can choose to submit either the Short Claim Form or the Long Claim Form available on the Internet at https://www.paypal.com/settlement/. If the Court awards attorneys' fees and costs in the amount requested, Class Counsel estimate that there will be approximately $4.3 million to pay the claims of Dispute Resolution Claimants. Half of the money allocated to Dispute Resolution Claimants will be allocated to pay Short Form Claimants (the "Short Form Fund"). The other half will be allocated to pay Long Form Claimants (the "Long Form Fund").

 

a. Short Form Claimants

The Short Claim Form requires you to provide certain identifying information and sign a statement under penalty of perjury, which may be verified using PayPal's records, that you experienced an unauthorized or incorrect electronic transfer or an account limitation or denial of access to your account. If you make a timely, valid claim using the Short Claim Form, you will receive a payment of $50, unless the amount needed to pay all of the Short Form claims exceeds the Short Form Fund. In that case, the Short Form Fund will be divided equally among all Short Form Claimants. If the amount needed to pay all of the Short Form claims is less than the amount of the Short Form Fund, the money left over will be added to the Long Form Fund.

 

b. Long Form Claimants

The Long Claim Form requires you to provide certain identifying information; give the details of the account restriction(s) and/or unauthorized electronic fund transfer(s) you experienced; state the amount of your claim, and sign a statement, under penalty of perjury, which may be subject to verification by PayPal's records, that you actually suffered the claimed damages. You should also provide any documentation you have that will support your claim, as explained in more detail on the Long Form.

 

If you make a timely, valid claim using the Long Claim Form, an independent, court-approved claims administrator will evaluate your claim and determine the amount you should receive. In making this determination, the claims administrator will take into account the amount of damages you claim; the nature of your complaint; the quality of the supporting documentation you provide; your recoverable damages; the probability that you would be successful on your complaint; and such other factors that the claims administrator considers relevant. If the amount needed to pay all of the Long Form claims is less than the amount of the Long Form Fund, the money left over will be added to the Short Form Fund.

 

c. Balance after payment of Long Form and Short Form Claimants

If there are sufficient funds to pay all Short Form and Long Form Claimants in full in accordance with the written plan of allocation, any remaining funds will be divided equally among all Dispute Resolution Claimants to supplement their recoveries.

 

 

Denne linken skal visst forklare litt mer: https://www.paypal.com/settlement/

[Arctic]

http://www.snopes.com/inboxer/nothing/paypal.asp Det er altså seriøst.

Fikk den samme mail. Var overbevist at det bare var tull, så jeg slettet den kjapt...

[Delvis]

http://www.snopes.com/inboxer/nothing/paypal.asp Det er altså seriøst.

Fikk den samme mail. Var overbevist at det bare var tull, så jeg slettet den kjapt...

Samme her. Men er det noe å bry seg om dette her da..?

Gadd ikke lese det nå heller jeg

[CarinaE]

Jeg skjønte ikke stort av den jeg heller , men har tatt vare på mailen.. Så vidt jeg har forstått så er det ikke noe galt jeg/vi har gjort? det er det at vi kan få erstatning for ett eller annet?

 

jeg har ikke noe å klage på der ihvertfall...

[fjotten]

Hvem fører saken? John Edwards?

[Jon@s]

Fikk mailen, men har aldri brukt PayPal til å handle for mer enn noen hundrelapper, så for meg er det ikke noe problem.

[StatusQuo]

Jeg vil anta at det er en ny form for svindel. De prøver å snappe opp personlig informasjon fra deg ved å si at du kan få 50$ om du blir med på massesøksmålet. så bruker de dine personlige opplysninger til å svindle til seg mer penger.

 

Paypal funker bra. Hvorfor skal de drive å svindle folk når de får renteinntektene på pengene som alle har på kontoen de sin. Dette er mer enn nok penger for PayPal

[geil]

Det er vel ikke en "ny" form for svindel når tråden er 6 år gammel er det, dr. Frankenstein.

[StatusQuo]

det er trist at du velger å bruke tid på å rakke ned på andre. Mitt forslag er smilekurs

[geil]

Nja, det er mye som er trist i verden. Det er trist at du synes jeg rakker ned på deg når jeg - om enn på en litt keitete måte - forsøkte å påpeke at det kanskje ikke var nødvendig å vekke denne tråden fra de døde.

 

Mest av alt er det vel trist at jeg ved å kommentere en gang til holder liv i en tråd som ikke har noen nytteverdi overhodet.

 

Forøvrig smiler jeg hele tiden, men takk for forslaget.