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PayPal account has been limited due to claim a court order
 

Today, I received email,
We received a court order on September 11, 2017, affecting your access to your PayPal account due to possible infringement of intellectual properties of .... Until further notice, your ability to send payments, receive payments, withdraw funds, or access the funds in your PayPal account has been limited.
A judgment order may follow and require us to take further actions on the funds in your PayPal account. If you have any questions about this infringement action, it is important that you contact the plaintiff's representative outlined below to respond to this issue:

Wired thing is that the name on court case number is not same on my Paypal, which is another company name.
Do you guys had this problem ?
Please advise.
Many Thanks

Re: PayPal account has been limited due to claim a court order
 

Sounds phishy

Re: PayPal account has been limited due to claim a court order
 

Thanks for prompt reply.
But my paypal has been limited, I can not buy shipping and have to end all listings....

Re: PayPal account has been limited due to claim a court order
 

what was you selling

Re: PayPal account has been limited due to claim a court order
 

well do you sell the items outlined on the court order?

is the address on the court order the same as yours?

if not, and the name is different then you may need to contact paypal to correct it.

Re: PayPal account has been limited due to claim a court order
 

We are selling costume clothes, which design are similar brand item.
And tons of other sellers on eBay are still selling. Also this account is below standard due to late shipment. The sales a not good.
I do not know why they only catch me.

Re: PayPal account has been limited due to claim a court order
 

is it a comic company or is it a celebrity pop star x

Re: PayPal account has been limited due to claim a court order
 

No address in order detail, this is stealth account.
Court order details
Court: U.S. District Court for the Eastern District of Virginia
Plaintiff: ..
Court case number: .. et al v (another company name) et
al; Case No. 11542970A162DD

Re: PayPal account has been limited due to claim a court order
 

Since it's a stealth account the court order has probably not reached OP so OP has no idea of what it says I'd guess.

Re: PayPal account has been limited due to claim a court order
 

It is a company from another country, but law firm representative is in US.

Re: PayPal account has been limited due to claim a court order
 

James,

since even bonanza (welcome to the home of counterfeit ****) suspended you for IP violations, you might really want to think about the product(s) you are selling. I mean, setting up a stealth account doesn't prevent you from eventually getting busted. Even if other sellers get away with it, hav you asked yourself how long they get away with it and / or if they maybe have a license to sell what they sell? Alt least, before you make another stealth account try to make sure which of your products caused the limitations.

Re: PayPal account has been limited due to claim a court order
 

Yes, I may figure out which product cause this. Since this product sell well recently because few sellers sell this product after I search.But I am not 100% sure.
Thanks anyway

Re: PayPal account has been limited due to claim a court order
 

That sounds pretty scary, if i were you i'd just leave that account alone and let paypal do what they want with it, since its not in your real name or address then i doubt anything wil happen other than they will just keep whatever money you had in there. Start fresh and sell something else

Re: PayPal account has been limited due to claim a court order
 

First of all, use the code from the stealth guide to get yourself a 6mo free VIP access in here.

second, I'd leave this account alone period. You may want to call paypal and see if this thing about the court order and such is legit or not.

Re: PayPal account has been limited due to claim a court order
 

I'd remove the case id number if it is the real one....

Re: PayPal account has been limited due to claim a court order
 

There is $1400 on hold in the paypal...
I am wondering if I would add another paypal to this ebay account which is running good so far.

Re: PayPal account has been limited due to claim a court order
 

Hello,
Could you please share your case update till now? I have got the same issue today :( and I am very confused what to do next. :(

Re: PayPal account has been limited due to claim a court order
 

I may figure out which product cause this

Who do you think you're kidding here? You know what you were selling that did this.

Sure, add another PP to that EB, get the same result or worse.

You can look up the court order online using that case number in the district it was issued. It'll be a part of the public record in the Circuit Court division that's on the order.

They've probably got your banking info by now from the PP account, and know who you REALLY are, I suggest you start to look for a good attorney and put your affairs in order for when for when you're doing time.

Re: PayPal account has been limited due to claim a court order
 

me too I have got the same issue today :(

Re: PayPal account has been limited due to claim a court order
 

Hi,

Did you get it resolve? I got the same thing today too.
But I didn't make any sales for the infringement they mention.

Re: PayPal account has been limited due to claim a court order
 

Have seen this before.
The most likely it's scam email and sender of email is not even PayPal.

Re: PayPal account has been limited due to claim a court order
 

This poster has not been online. There will not be a reply.

:ranger:

It is PayPal because when logging into the account, there is limitation to the account. Funds can not be transfer or whatsoever.

Re: PayPal account has been limited due to claim a court order
 

I thought PayPal couldn't not see your real bank info

Re: PayPal account has been limited due to claim a court order
 

The issue now is that the money in paypal limitation was not withdrawn to my bank. And I don't know if I should ship the item to the customers. There are about 5-6 orders that didn't ship yet. Should I just ask the customer to dispute their charges for non-receipt? Because I don't want to ship and loss the cost of that item if PayPal is going to hold my money.

Re: PayPal account has been limited due to claim a court order
 

They cannot in general unless 1) you upload funds from bank to PP or 2) they get subpoena to see true bank info

Re: PayPal account has been limited due to claim a court order
 

Bank won't release such info unless the plaintiff notifies the "real" person first, which is next to impossible if it was all stealth.

under Code of Civil Procedure §1985.3(a)(1). The statute requires that you be served with a copy of each subpoena and each Notice to Consumer (Judicial Council Form SUBP-025) at least five days before the subpoena is served on the bank (CCP § 1985.1(b)(3)) and at least 10 days before the return date specified in the subpoena (CCP § 1985.3(b)(2))

Re: PayPal account has been limited due to claim a court order
 

This probably has little to do with bank account anymore.

The IP holder most likely sent out a secret shopper, bought a counterfeit item from OP, and went to court with it saying the item was purchased from "eBay/Paypal Seller X". The court then contacted eBay/Paypal to freeze the account of Seller X and disclose all financial information they have for further investigation.

This is just my educated guess.

Re: PayPal account has been limited due to claim a court order
 

I am not a lawyer but I think that technically OP is not on the hook for anything until he starts receiving certified mail for this case. If OP goes to a lawyer now, no doubt his lawyer would want to settle this. But if there's truly nothing that can connect his real self to his stealth account, I wouldn't worry. Technically you don't need a lawyer until you get served.

PP cannot see who's the owner from the bank account. Plaintiff would need to serve subpoenas on the bank; and banks are governed by much stricter rules than EB/PP. According to rules, plaintiff would need to serve the real account holder 5 days before issuing subpoena on the bank. But in this case, plaintiff doesn't know who is the real account holder, so I think this is a dead end.

Also, just because OP's bank info is attached to that PP doesn't necessarily mean that he responsible for the whole thing. In copyright and IP cases, plaintiff sues the individual (or corporate) who "made offer to sell, and/or sold" the infringing items. If let's say OP received deposits from an account that did infringe IP properties, that doesn't really mean that he himself made offers to sell or sold the items; IMHO that's stretching things too much. If plaintiff decides to go that route, then they would need to somehow convince the court that the person behind the account is actually the one who actually sold items.

Again, this is not legal advice and I am not an attorney. Just expressing my thoughts based on recent research :)

Re: PayPal account has been limited due to claim a court order
 

That looks like state code. Infringement and Counterfeiting are typically Federal Crimes and there is no right to notice.

Re: PayPal account has been limited due to claim a court order
 

Yes, but the OP is not in a criminal trial, he is in a civil case, so the rules of civil procedure must apply, regardless of the nature of the suit.

Re: PayPal account has been limited due to claim a court order
 

Which is still more than likely a Federal issue as copyrights and trademarks are governed by Federal law. Let’s just say from my own experience suing sellers for infringing on my registered works (trademarks, patents, copyrights) that they are not entitled to notice when a court grants a subpoena for records, bank statements, purchases from vendors, etc. I have seen that some parties have filed to quash the subpoena, most just give the info requested up and it’s used during discovery and settlements.

Re: PayPal account has been limited due to claim a court order
 

One thing is to subpoena the bank where you know the person, another thing is when you don't know who exactly are you up against. Even if the bank complies, how would plaintiff make the argument that the owner of the bank account is the actually the one who made an offer to sell? If theoretically I receive deposits from some Joe Smith, does it mean I am responsible for how that Joe Smith made his money?

Re: PayPal account has been limited due to claim a court order
 

Interesting point :pop2:

Re: PayPal account has been limited due to claim a court order
 

That’s what discovery is for. I have had many “John Doe” defendants and my counsel requested eBay/Amazon/Etsy/etc to turn over their records, which led to turn overs of PayPal’s and merchant account info to find the people behind the stores. It’s very common in infringement litigation.

Re: PayPal account has been limited due to claim a court order
 

Your bank account was attached to a Paypal account belong to "Joe Smith", and it was used to sell counterfeits. You are most definitely responsible, especially if the funds were withdrawn to your bank account. The bank account holder is responsible for all transactions going through it.

Although the court can't rule you guilty simply based on this right away, but you are immediately the prime suspect, and you WILL be asked to explain why your bank account was attached to the accused's Paypal account and been withdrawing funds from it. Good luck coming up with any verifiable BS at this point.

The thing about copyright/trademark infringement is that the court grants the IP holders a scary amount of power to discover for their cases even if the defendant is not known. Compared to a lot of other common cases (eg, civil cases for debt), they often won't even bother granting you a case if you cant' come up with a proper identity of the accused. Copyright infringements (especially selling brand name counterfeits) is something you do not want to mess around with.

Re: PayPal account has been limited due to claim a court order
 

I had a guy pull something similar. Lied about living at the address where the items were being sent from, land records literally had him as the property owner. Him and his counsel swore to high heaven they had no knowledge of the address and only wanted to settle after the land records were bought from the county recorder to show he in fact owned the property in question. People are stupid and will try anything.

Re: PayPal account has been limited due to claim a court order
 

Doesn't sound like proper stealth to me.

Re: PayPal account has been limited due to claim a court order
 

Not everyone doing ecommerce does stealth.

From the posts, this is not a stealther but an idiot abusing Gladiator’s IP copyright rights..

Appears person being sued and Attorney assumed too much.

Win for the good people !

=}-

Re: PayPal account has been limited due to claim a court order
 

You would be the prime suspect but if the owner of the bank account denies everything, I don't see what else could the plaintiff do, provided that it's their only lead. It's my guess that they would have to come up with additional proof that would link the bank account holder to the EB activities; how they proceed further would depend on the specific facts of the case, as every case is different in some regard.

That's is correct. Also, to note the majority of these cases have been filed in California, as they have a huge nationwide venue for IP cases over there. In this case, the OP's case is in Virginia, which is definitely odd to say the least. Nevertheless, if I were in his shoes, I would keep silence until (or if) served.

The easiest and best solution (besides to no sell foo-foos) for those newbies who are involved in such cases is to simply settle, especially if the case involves a minimal amount of sales. More often than not, if you tell the plaintiff how much you sold, where did you buy it from, they would just settle for a nominal amount and you'll be off the hook for good.

As always, not a legal advice and I am not a lawyer so take everything I say with a grain of salt :)