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The potential Auctioneer clicking the check box that says "I have read and consent to PayPal's Terms of Service" satisfies this requirement.
The buyer (The OP) received a popular platform with which to post and sell items for profit. The seller (eBay) received fees to list the option, and additional fees to transfer payment from the Auctioneer to the Auction Winner.
This is a hilarious stretch. No, the OP accepted PayPals terms of use, again by clicking the box that says "I have read and consent to PayPal's Terms of Service" satisfies this requirement.
The OP violated Good Faith when he gave false information after accepting the Terms of Service.
If you're trying to make this a legal issue, you don't have a leg to stand on. I assure you eBay didn't become the giant it is by having a legal policy that could be destroyed with five minutes of research by an amateur virtual attorney.
The parties in Fernando v. PayPal and Zepeda v. PayPal are currently in the process of finalizing a written settlement agreement and exhibits, including proposed notice to the settlement class. A hearing on preliminary approval is set for June 12, 2012, with the motion for preliminary approval to be filed by May 8, 2012.
While terms of the settlement are as yet undisclosed, the litigation has not stopped PayPal from expanding its holds policy. PayPal sent an email last week sharing its plans to update its "Funds Availability program" to add additional circumstances in which it could hold seller funds, including "Sellers who sell an item that has a sales price that is significantly higher than the average sales price of items previously sold by that seller."
I'm not sure why someone wants to go to such lengths to argue this FACT, but again seven years of experience with eBay and the only problems I have had have been with buyers, and in every single case eBay/PayPal has done more than I ever expected to rectify the situation.
Originally posted by ZindoDoone
reply to post by boncho
Can you imagine the amount of money they are making off the float if they do this to many of their clients. Banks here in my state did this for years holding pay checks for 2 weeks sometimes 'to make sure they clear'! All the time investing that held money to make a percentage on the float! When checks bounced because of this they made money on the charges for insufficient funds at 35-50 bucks a whack!! They finally passed laws to stop it here. This could be a huge scam!
Zindo
Originally posted by Jean Paul Zodeaux
reply to post by TheRedneck
I respect your opinions as well sir! It is tragic that you and I live in different worlds, but I suspect this is because you are equating human handling of law with actual law. Law always works correctly, justice, on the other hand, has its ups and downs, blindly stumbling along the path of law.
Originally posted by TheRedneck
reply to post by Jean Paul Zodeaux
JPZ, I respect your opinions and look forward to reading your insightful posts, but on this subject, we will have to agree that we apparently do live in different worlds. In yours, the law works correctly, every time, and no one is placed in an improper situation. In mine, the law may be the same, but it is enforced with prejudice and self-interest of government.
I am pleased you live in the world you do; would that I could be there with you! Unfortunately, the world of which you speak no longer exists in my reality except in fairy-tale-style Civics textbooks.
Enjoyed the debate, sir.
TheRedneck
P.S.: if you ever do decide to visit the world I inhabit, leave the Civics textbooks at home.
Well played TheRedneck. I think our life situations have colored our views to a similar hue. The meting out of justice is not always handed out judiciously. There has always been a "wrong side of the tracks" long before said "tracks" even existed. I believe it will exist long after those same "tracks" are obsolete. It's a sad reality, but a reality many of us live in. Keep up the good fight!
Originally posted by Jean Paul Zodeaux
reply to post by TheRedneck
Welcome to the 21st century... there is now a full investigation of you happening behind your back. PayPal, while there is no love lost between me and them, is just the messenger.
Paypal is not a government agency and has no lawful authority to assess some persons liability for some legislative act in some country. They can certainly request forms be filled out, but they have no lawful authority to demand it. That demand becomes, just as the O.P. stated it was, extortion. Had they lawful authority to make such demands they would have been upfront with the O.P. when confronted. That they instead insisted the O.P. obtain a subpoena indicates just how lawful their act was.
The Australian government will throw Paypal under a bus, and indeed all ready have:
In June 2008, the Australian Competition and Consumer Commission found that, "The evidence available does not support the view that PayPal is the most secure method of payment, or offers the best service for all transactions."
Long before there was 9-11, long before there was a push to nationalize identification, there was Western Union. This company still will allow money to be wired to someone without any identification. All that is needed is a password and the money identification number supplied by Western Union. How is it Western Union has managed to escape these legislative acts I wonder? Okay, no I don't wonder, I know and so does anyone else who knows the law.
edit on 16-5-2012 by Jean Paul Zodeaux because: (no reason given)