Re: PayPal's damages caused by Acceptable Use Policy violation
Hello, I just won in Small Claims Court.
Very easy to file the claim, cheap, about $60 in Court fees, plus another $15 to serve defendant properly via certified mail. Limitations: you or your company have to be U.S. resident, limit is $10k per claim (might vary by state, I filed in California). If you are in the U.S. and they "are doing significant business" where you live (in fact it's any state and county), you can file the claim in the county where you reside.
PayPal called several times before the trial date and asked to settle at 50%, I even agreed when they offered 65% but they did not send any paperwork.
On the trial date they did not show up (all was help via Zoom in Orange County, CA) so I was automatically awarded asking amount plus expenses. I would recommend filing small claim for everyone seeking $10k or less. Even if they would show up in the court they would have to prove their damage, because "damages" or "compensatory damages" or "actual damages" is the amount awarded by Court based on the proven harm, loss, or injury suffered. I believe that is exactly the reason they did not show, they have nothing to prove their $2500 per case damage with, it's totally made up and against the law.
Considering above I would ask to the maximum amount allowed by law in your state e.g. $10k in California even if they stolen less because if they would not show you'll get awarded asking amount automatically, in worst case scenario you will be only awarded what they have stolen. Good luck and **** paypal!
P.S.
I will yet have to receive the judgement and ask them to pay, but it's technical, they can not avoid paying.
Disclaimer: this is not a legal advice, just my experience and thoughts.
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