I had a conversation with lead attorney AJ DeBartolomeo regarding the PayPal mailing. PayPal did indeed do the mailing at PayPal’s request for what PayPal claimed were “security reasons.” In fact, it was argued that because there were so many scams out there that this would prevent people thinking the lawsuit was a hoax. PayPal assured the lawyers that that everyone within the company would be notified of the mailing so that when a customer asked asbout the legitimacy of the mailing they would be told the right thing. AJ is a little concerned that PayPal is now telling some customers (my example is not isolated) that the letter is a hoax. It’s not a hoax.

After she told me that PayPal fought tooth-and-nail for two years regarding this suit, you have to wonder why the company would insist on doing the mailing in the first place. It’s not normal to get this sort of notice from the defendant.

The suit stems from PayPal’s cavalier attitude towards its customers in violation of various California State laws regarding companies engaged in wire transfer activity. This includes freezing accounts without proper procedures and allowing funds to be transferred willy-nilly from account to account without customer recourse. I’ve heard a lot of complaints about PayPal over the years and the company, owned by EBAY, should be ashamed of itself. An entire website of complainers exists at Paypalsucks.com. PayPal claimed that it was not a financial institution and not bound by the applicable wire transfer laws. Whether that was true or not, how is this any way to treat customers?

Unfortunately one of the gotchas in this suit is that the damages cap is $500,000 total. Although DeBartolomeo says that individuals can recoup their individual losses and their expenses (faulty overdraft charges, etc.)

During the conversation the issue of eBays general procedures for dealing with customer fraud has come up with various users that she and the other partners have talked to. eBay tends to be less than aggressive when it comes to criminals and con-men who frequent their service to cheat customers. I have heard from personal friends who got no satisfaction in dealing with the company. DeBartolomeo says the law firm would be very interested in hearing from people with these sorts of complaints. Go to the website at http://www.girardgibbs.com/ and tell them your tale.

The long term implications of eBays customer service policies will probably lead people away from the company. Already two alternative payment systems are available:

http://paydirect.yahoo.com/

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