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I sold item on ebay, item was lost in the mail, the buyer filed an insurance claim via the US Postal Service (I put the buyers name as the recipient of insurance reimbursement), claim and was paid. Then, pay-pal took $300 out of my account (nothing was in my account so they are trying to collect from me, calling me daily). I sent Pay Pal proof from the Post Office that the buyer was paid an insurance check (including check number and bank account number, date of deposit etc) before they sent her another refund from my account. Got an email saying US Post Office was outside Pay Pal so they can't do anything about it and will continue to call me in an attempt to collect.
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Yes, you can sue PayPal. In a recent case before the Eleventh Circuit (Oppenheim v. I.C. System, Inc.), the court upheld a jury award of $1,000 in statutory damages and $20,986.21 in attorneys fees and costs against the defendant – a debt collector hired by PayPal to collect monies owed by plaintiff pursuant to PayPal’s contract for services.
Plaintiff used PayPal to process payment for the sale of his laptop to another party over the Internet. After PayPal deposited the payment amount into plaintiff’s personal checking account, it was discovered that the payment was fraudulent. Pursuant to the User Agreement between PayPal and plaintiff, plaintiff assumed the risk for any bad payments. PayPal attempted to exercise its contractual right to reverse the transaction. When plaintiff refused to repay the funds, PayPal hired the defendant, I.C. System, Inc., to collect. Later, plaintiff sued I.C. System, Inc. under the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) for alleged illegal debt collection practices.
Please go to www.ConsumerRightsOrlando.com for more information.
Answered on Feb 01st, 2013 at 4:19 PM