New PayPal User Agreement: No Class Action suits

[banditpony]

l am aware of what class action lawsuits are. I also don't need to explain why I would not be included in one.. It's a very personal choice, very political, and whatevs. So WHY the need for "lol"?? Why.
Other people are welcome to join them of course, I just would never choose to participate. Paypal has not wronged me *shrug*.

And let me note, I also do appreciate when others point out the "fine print" of when policies change. Hence why I felt the need to comment, and say thank you to Eskara for the pointing out this thing. I can see why others could be upset about it, and I do think it's awful that you have to opt out of stuff like this. I do think it's wrong when paypal just figures no one will do a thing about it, and just be forced into it (because who likes to fill out paper work to say "no, I do not want apart of this new policy).

[teresat]

Thanks @Eskara for pointing this out and thanks to everyone else for sharing the additional info. Yet, more to beware of when dealing with Ebay and Paypal.

I have something else I noticed...more in another thread I'm about to start.

[Marigold]

I only JUST today got an email about the policy change from paypal. 

[RockinPrettyBeats]

This is weird, I just did more research on this and the link that is provided in the original post says December 1st, however the deadline that I've found online is November 1st.

I'm thinking they are making the cut off date sooner hoping some won't notice and won't get those letters out before the deadline. Just to be safe, try to do it sooner rather than later.

Anyone whose ever been a part of these knows it's important to retain your right to do this. Honestly, I never understood how agreements like this were legal. Ebay and Paypal are really trying to do everything they can to not be held accountable for their shady ways.

Just to be clear, from what I've read online:

Paypal Deadline: November 1st 2012
Ebay Deadline: November 9th 2012

Get those letters out! They are hoping that people simply forget and space it out. Remember, the dates seem to be different from different sources so I don't know if these are 100% accurate. Better to be safe than sorry.

[cobalte]

I'm not in US, but want to opt-out of this.  Is it even possible?

bumping as there was never an answer

[ponylady]

Here is the original letter that was sent from Paypal.

Notice of Policy Updates

Dear xxxxxxxx, PayPal recently posted a new Policy Update which includes changes to the PayPal User Agreement. The update to the User Agreement is effective November 1, 2012 and contains several changes, including changes that affect how claims you and PayPal have against each other are resolved. You will, with limited exception, be required to submit claims you have against PayPal to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (Section 14.3) by December 1, 2012. Unless you opt out: (1) you will only be permitted to pursue claims against PayPal on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

You can view this Policy Update by logging in to your PayPal account. To log in to your account, go to https://www.paypal.com and enter your member log in information. Once you are logged in, look at the Notifications section on the top right side of the page for the latest Policy Updates. We encourage you to review the Policy Update to familiarize yourself with all of the changes that have been made.

If you need help logging in, go to our Help Center by clicking the Help link located in the upper right-hand corner of any PayPal page.

Sincerely,

PayPal

The changes do go into effect November 1st but you have until December 1st.  I have bolded where it says that your letter must be postmarked by December 1st.

And this is from Paypal's site:

Opt-Out Procedure.

You can choose to reject this Agreement to Arbitrate ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice").  For new PayPal users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept the User Agreement for the first time.  If you are already a current PayPal user and previously accepted the User Agreement prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than December 1, 2012. You must mail the Opt-Out Notice to PayPal, Inc., Attn: Litigation Department, 2211 North First Street, San Jose, CA 95131.

The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the PayPal account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of Section 14 (Disputes with PayPal), will continue to apply.  Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

So the original dates posted to opt out our correct.  The November 1st you are seeing RPB is when the changes to their policy are going to take effect. 

[cobalte]

Welp, if only I had a functional printer! Time to get my butt moving to somewhere that does then

[RockinPrettyBeats]

Thanks for pointing that out ponylady. Happy to hear we have more time.

It just annoys me that Paypal and Ebay like to pretend that they are totally separate entities. Yet, when anything like this goes down they practically do it at the same time.

Cobalte - Hum, this might be an American thing only. Maybe, in other more reasonable countries it's not legal to even need to opt out of anything. So maybe your safe?

[Marigold]

Is there any reason a person would not want to opt out?  Is there any penalty for opting out?

[Eskara1862]

No downside to opting out that I can find!

Post Merge: October 29, 2012, 06:54:28 PM

So I just received the following email from PayPal.  Looks like the're being somewhat upfront about their skeezy tactics!

PayPal eMail

If you can't view the link, here's a copy/paste of what it says:

PayPal recently posted a new Policy Update which includes changes to the PayPal User Agreement. The update to the User Agreement is effective November 1, 2012 and contains several changes, including changes that affect how claims you and PayPal have against each other are resolved. You will, with limited exception, be required to submit claims you have against PayPal to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (Section 14.3) by December 1, 2012. Unless you opt out: (1) you will only be permitted to pursue claims against PayPal on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

You can view this Policy Update by logging in to your PayPal account. To log in to your account, go to https://www.paypal.com and enter your member log in information. Once you are logged in, look at the Notifications section on the top right side of the page for the latest Policy Updates. We encourage you to review the Policy Update to familiarize yourself with all of the changes that have been made.

If you need help logging in, go to our Help Center by clicking the Help link located in the upper right-hand corner of any PayPal page.

Sincerely,

PayPal
   

[cobalte]

Well, I just checked my emails and haven't gotten any notification from PayPal about this, so I can only assume that it doesn't apply to me :S

[Star-Watcher]

If you are an eBay user, especially as a seller, remember, time is running out to mail in your notification to opt out of the recent change to the user agreement that causes you to waive your right to participate in any class action lawsuits against eBay. If you do not opt out, any grievances you have will have to be settled through arbitration, which typically only benefits the corporation.

Opt out notices must be sent by mail to eBay, and must be postmarked no later than 9-NOV. It is important that as many sellers as possible opt out of this ridiculous requirement. It is highly likely that the idiots running eBay are forseeing some big class action against them within the coming months (perhaps after the corrupt Obama administration, which I think is hostile to their interests is replaced by the equally corrupt upcoming Romney administration that may be more favorable to them). I am personally guessing that there will be a suit concerning them taking a 9% fee on the shipping that our buyers pay. So if you are using calculated shipping instead of the so called "free" shipping that they encourage, you stand to get back a healthy chunk of change if this happens. Anyway, here is a sample opt out letter that you can print out and use, if you are interested in keeping your rights. Be sure to send it Certified at the very least, possibly with Return Receipt as well for good measure.

TO: : eBay Inc., c/o National Registered Agents, Inc., 2778 W. Shady Bend Lane, Lehi, UT 84043

I do not agree to the eBay Agreement to Arbitrate, which is part of the eBay User Agreement and hereby opt out of the eBay arbitration program. My refusal to participate in the Ebay arbitration program will continue under any subsequent eBay user agreements.

Name:

eBay User ID(s):

Email Address(es):

Street Address:

City, State, Zipcode:

Date:

Signature:

If the eBay user is not an individual: I certify that I am the authorized representative of the entity associated with the User ID(s) described above

Signature of Authorized Representative:

Mail to: eBay Inc., c/o National Registered Agents, Inc., 2778 W. Shady Bend Lane, Lehi, UT 84043
This Opt-Out Notice must be postmarked no later than November 9, 2012 or, for new users, no later than 30 days after the date of accepting the User Agreement for the first time

If you have multiple eBay accounts, be sure to include all of them and their associated email addresses.

[Moving to TS - kaoskat]

[ponylady]

Thanks for the reminder.   

I am going to merge it though with the already existing thread on this subject.

PL

[bagheera86]

November 9? Sheesh, my letter won't make it there on time!

Post Merge: November 02, 2012, 07:11:36 AM

Edit: can any pony send one on my behalf?

[Dyzarktarzk]

November 9? Sheesh, my letter won't make it there on time!

Post Merge: November 02, 2012, 07:11:36 AM

Edit: can any pony send one on my behalf?

Don't worry, if you put it on the post before December 1st it'll be OK.

They are caring about the date it was posted, not when it arrives at the offices.