Subject:
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Re: Paypal and the class action
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Newsgroups:
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lugnet.loc.au
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Date:
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Mon, 2 Aug 2004 23:42:01 GMT
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Viewed:
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1396 times
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In lugnet.loc.au, Kerry Raymond wrote:
> I have poked around a bit more and offer the following *informal* summary.
> Usual caveats about not being a lawyer.
IANAL either but I offer the following from my reading of the docs available:
> This is a class action that has resulted in a settlement. This does not mean
> that Paypal have admitted to having done the wrong thing or been proven to
> have done the wrong thing, but Paypal have agreed to pay some compensation
> to bring the matter to a close. Being a class action, all people in similar
> circumstances to the people who filed the class action can participate in
> the settlement even though you didn't take part in the class action
> directly. So where do you stand?
>
> * if you have some gripe against Paypal where they froze your account or
> failed to respond to a complaint about money going missing etc, it seems you
> can fill in some form and get a standard $50 compensation (once per person,
> not once per gripe)
Note that the "pool" for these claims is half of (the total allocation (just
under $10M) minus the statutory damage fund ($1M)).
> * if you can prove you suffered financial loss as a consequence, you might
> be able to get even more out of them but there is a lot more paperwork -- I
> have no idea of the standard of proof required but my bet is that it is a
> lot more work than what you have to do to get the $50, which is probably
> deliberate in the hope that most people will just go the $50 route.
As above, this is the other half of the pool remaining after the statutory
damage fund is removed. If the total of these claims exceeds the pool, it will
be divided *per capita* among the claimants so you may well end up with less
than $50. If the amount of these claims is less than the pool, the left-over
will be added to the pool above for major grievances.
> * if you happen to live in various countries (randomly selected as far as I
> can tell, but no doubt there is some Good Legal Reason), you can't make a
> claim at all. And no doubt there are the usual caveats for employees, family
> of employees, friends of former employees, casual acquaintances of future
> employees of their advertisers, and anyone who didn't have a Paypal account
> to begin with :-)
>
> * if you don't have a gripe against Paypal, you can't get any money, but you
> will be delighted to know that you do have a choice in how you may achieve
> this. You can either ask to be removed from the "class" and hence be unable
> to make a claim and hence will not receive any payment OR do nothing and
> remain part of the "class" but make no claim and hence receive no payment.
> This kind of personal freedom is what democracy is all about :-)
All such claimants will get a per capita payment from the statutory damage fund
of $1M. If all Paypal users make such a claim you won't get much, however if you
take a punt that a significant percentage won't bother, you might end up with a
few cents to cover the postage of your claim form.
Your claim must be made by November. Good luck.
ROSCO
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Message is in Reply To:
 | | Re: Paypal and the class action
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| I have poked around a bit more and offer the following *informal* summary. Usual caveats about not being a lawyer. This is a class action that has resulted in a settlement. This does not mean that Paypal have admitted to having done the wrong thing (...) (20 years ago, 2-Aug-04, to lugnet.loc.au)
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