| XPinksDude826 | 02-18-2020 09:56 PM |
Re: PayPal's damages caused by Acceptable Use Policy violation
I already spoke to the game company and they said what I do is not illegal. Although they told me they do not like me. Also if a company or someone has a problem with products your selling through your Paypal account. You usually receive a dmca report through PayPal from the company or person who is upset. Also it doesn't really matter because clearly people here are being fined for other products like clothes or watever. This is solely Paypal doing this at their own discretion regardless for what your selling.
I have also been reading PayPals policy every night for the past week. I have found lots of new things for example:
Paypal has this hidden in the Canadian and USA Policy
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 Canadian Dollars, you may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If you elect arbitration, you will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by you and us. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by you; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
However in the USA policy it says this but it doesnt say it anywhere in the Canadian Policy:
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PayPal for all fees associated with the arbitration paid by PayPal on your behalf that you otherwise would be obligated to pay under the AAA's rules.
For Canada Paypal does not say anything about a resolution for Canadians to go after them for over $10,000 dollars.
PayPal Legal Office (USA WHICH WE ALL KNOW THEIR ADDRESS)
2211 North First Street
San Jose, CA
95131
PayPal Legal Office (CANADA OFFICE)
11.6. Contracting Entity. “PayPal,” “we,” or “us” in this Agreement means PayPal Canada Co., a Nova Scotia corporation, whose principal place of business MaRS Centre, West Tower, 661 University Avenue, Suite 506, Toronto, ON M5G 1M1.
11.7. Notices. Any notices required by this Agreement will be provided to you by the Platform on our behalf. You agree that electronic notices and disclosures have the same meaning and effect as if we had provided you with a paper copy. Any notices to PayPal shall be considered valid only if sent by postal mail to PayPal Canada Co.., Attn: Legal Department, MaRS Centre, West Tower, 661 University Avenue, Suite 506, Toronto, ON M5G 1M1.
For Canadians we need to go through the office above to keep it within Canada. (Hopefully this helps any other Canadians who are sending letters to the san jose office.)
Anyways I have sent my paper work to my lawyer including pictures of each fine and any information associated with my PayPal account. Me and my friend are both sharing the retainer fee and have paid it already. We are considered 1 case since we both are friends in real life and sold the exact same thing so we formed a joint case.
My lawyer thinks PayPal will settle an amount thats returned to me before we have to escalate it any further. However I told her I disagree and would think that we will move to arbitration and I either get a yes or no answer if my money should be returned or not.
PayPal is not the only company who has took peoples money and forced arbitration
A quick google search about amazon sellers being locked out of there accounts with money on them or banned from amazon with a lot of money in there accounts will show you many people who have gone through this arbitration process but with amazon. Majority of these people won or settled before the Arbitration takes place. A lot of these people were selling counterfeit goods on Amazon too. | 
