I Beat Paypal!!!!

[BCC]

I purchased some Adobe software on e-bay and paid through PayPal. The "merchant" was apparently an individual in Kentucky who did not have the software in his possession (and apparently sold many things on e-bay that he did not stock or have), but instead had the software shipped to me from a distributor in Lakeland, Florida.

The software was pirated. I called Adobe. The serial number on the software was not a real Adobe serial number. Then I went to the Adobe website and printed the result of an inquiry that I made online about the software.

PayPal gave me the same run-around that they give everyone. I finally got fed up and sued PayPal.

I live in Tennessee, and I served PayPal through its registered agent in Nashville.

When PayPal received notice of the suit from its registered agent, a "senior litigation paralegal" sent me an overnight letter demanding that I arbitrate per my user agreement, and threating to seek damages against me for not arbitrating if I did not stop the litigation. I refused. (I would suggest that she was practicing law without a license.)

The "senior litigation paralegal" also sent a letter to the local court clerk where the suit was pending asking for a continuance. (I believe that was certainly practicing law without a license.) She told the clerk that process should have been served to an address in California, but that is not the law.

The "senior litigation paralegal" called the court clerk's office. One of the deputy clerks told her that they knew me at the clerk's office because I often practiced law in that court. Now they knew they had been sued by a lawyer!

The "senior litigation paralegal" left two messages on my office answering machine and one on my home answering machine. I would not call her back because she was not a lawyer, and because PayPal had not responded to me when I was trying to reach a real flesh and blood person.

Finally I received a call from a lawyer. He was kind and gracious and professional, and I was courteous to him in return.

He mentioned the arbitration clause, and I mentioned a case from a U.S. District Court in California interpreting California law and denying motions by PayPal to compel individual arbitration. The case is actually two cases that were consolidated for purposes of the arbitration issue. It is styled "Comb and Toher v. PayPal, Inc." The case numbers are "C-02-1227 JF (PVT)" and "C-02-2777 JF (PVT)".

PayPal's local attorney was not familiar with the case. I e-mailed it to him. Within a couple of hours, he sent me a message that PayPal was going to refund my money and pay the court costs. I WON!

For a copy of the case, e-mail me a manilla67@bellsouth.net. To disucss the case, call me at 865-457-4000.

J. Philip Harber
Clinton, Tennessee

[April04]

You are so cool :-] Almost makes me want to change my major.

Hmm, I'm surprised their 'real' lawyer hadn't heard of that case, even I know little to nothing about Paypal and am doing research if it's worth opening an account with them and have come across it.

Good luck to everyone.. I'll keep you in mind if they screw me over if I ever go with them:P !

[BillyBoy]

Do you advise taking Paypal to court? If so, should I do it in Germany or ask you to do it for me in the USA?

For background see my post "Unlawful account limitation?" above.

It's great news that you beat them. I just wish one of these cl***-action lawsuits will actually drive these scammers out of business!!

[4323]

Paypal got me as well. They said I did too much online business, and shut me down.

Took their fees, took my money (over $4000.00) and left me for dead at an auction out of town. I was stupid, I traded my credit card for my wifes paypal card. And whammo, there I was. Bidded out, broke, no gas to get home.

Gotta love it, what a weekend (happend on the Sat 19th, 2008)

I warn you all. NEVER JUST BRING ONE CARD WHILE YOUR OUT OF TOWN....this was a HUGE wakeup call to me. Paypal is a pile of crooks, and I plan to change the way I do business online.

I am looking for better ways to run my ebay existance. This will never happen to me again.

Dan Brown
***.brickmuseum.net

[jeninrob]

Dear Sir,

I read your story PayPal - Horror Stories, Lawsuits, PayPal Problems & Information - PayPal Account and I am in the process of suing paypal. My story is I sold a very expensive phone 500 dollars phone on ebay. Then he buyer claimed that the phone is broken, which is 100% no true. Anyway the buyer returned the phone but kept the manuals, CD, computer cables, and battery. I talked to paypal and they said as long he returned the phone that was ok, so what they said is it is ok to steal about 200 dollars worth of stuff.
Then I took the phone to the store were I bought it from and the store manager said that this is not the phone I bought from him, he checked his record and what the buyer did is he switched my phone with a Chinese cheap phone, a clone. Now I provided pay pal with a letter from the store in Nashville and a receipt with the serial number but pay pal are not convinced.

What is your advice? How can I get PayPal registered agent in Nashville to sereve him/her

Thanks very much
R, Robb, PhD. EE.CE