![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
ok so i got the email from paypal concerning the class action law suit and i really have to go off here. i figure most of you got this same email so i am going to keep the quotes short.
ok first it starts off with really big letters stating...
IF YOU OPENED A PAYPAL ACCOUNT BETWEEN OCTOBER 1999 AND JANUARY 2004, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.
did they really need to do that. it really makes it look like spam. but to make it even worse i think my account was opened in 1998. sonofabitch dumb bastids.
during the course of the document they repeatedly link to https://www.paypal.com/settlement/ as if it holds all of the information you could possibly need in the case. however once you open the link you are told you are being forwarded to a non-paypal site. so it directs you to http://www.settlement4onlinepayments.com/ and you might even get there. it took me several tries and in the middle of the night even. once you do get there you are greeted with a message stating...
The website is experiencing delays and other problems due to an extremely high volume of traffic. Please note that the deadline to submit an online claim is not until October 23, 2004. Claim Forms must be submitted online (and the certification page mailed in to the address on the certification page) - there is no alternate way to submit a claim. As website traffic slows in the next week, it should become much quicker and easier to navigate the site.
by other problems they mean that the site is completely unavailable at tiimes. yeah they were really prepared for this. i might go into this site at a later date. after i do all the filing for myself.
so lets go back to the email...
PayPal does not believe that it did anything wrong. In fact, PayPal disputes that the EFTA, originally passed in 1978, applies to its business.
of course they dont. infact of course they dont or there asses would not be in the bind it is in now. remind me to find that efta later will ya?
By settling their claims, both parties avoided the uncertainty and cost of a trial.
no they didnt do any wrong doing but they will pay out millions of dollars. umm ok i believe you.
4. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?
On July 12, 2004, Judge Fogel entered an order granting preliminary approval of the settlement and certifying the following class for purposes of the settlement: All Persons who opened a PayPal account during the period from October 1, 1999 through January 31, 2004. Excluded from the class are any judicial officer to whom the lawsuit is assigned; PayPal and any of its affiliates; any current or former employee, officer, or director of PayPal; anyone who resides in Austria, Belgium, Denmark, Germany, Greece, Finland, France, Ireland, Italy, Luxembourg, Portugal, Spain, Sweden, The Netherlands, or United Kingdom; and all persons who timely and validly request exclusion from the class pursuant to this notice.
Thus, if you opened a PayPal account between October 1, 1999 and January 31, 2004, and are not one of the excluded persons listed above, you are a member of the class.
so it looks like i am not the only one that is going to get screwed on this one but ill bet there are other lawsuits happening. 'and who the hell is going to request exclusion?' you ask. those of you who want to file a suit of your own and have a real reason not to settle for the 50cents youll be getting with this.
Under the settlement, PayPal will pay $9.25 million into a settlement fund, to be held in an interest-bearing account.
$9.25 million definately says they did something wrong. no lawyer or cort case like this costs that much. and yeah that account has my interest.
(d) "Statutory Damage Fund Claimants" are all Fund Claimants who are not Dispute Resolution Claimants.
i thought that was when you sued a minor. nevermind im thinking of something else.
Statutory damages under the EFTA are limited by law to no more than $500,000 for any class of individuals claiming "the same failure to comply." Plaintiffs' counsel contended in the litigation and for purposes of settlement that PayPal was potentially liable for multiple failures to comply, a position PayPal vigorously opposed.
but they signed it anyway because they are just so innocent.
The Statutory Damage Fund Claim Form requires you to provide certain identifying information and sign a statement under penalty of perjury authenticating your claim, which may be subject to verification by PayPal's records.
they are going to check every claim and send you a letter telling you that you dont get anything. they would be stupid to try to press the perjury claims with this many people involved.
The Long Claim Form requires you to provide certain identifying information; give the details of the account restriction(s) and/or unauthorized electronic fund transfer(s) you experienced; state the amount of your claim, and sign a statement, under penalty of perjury, which may be subject to verification by PayPal's records, that you actually suffered the claimed damages.
but according to what they say no actually suffered any damages because they didnt do anything wrong. based on that statement they could theoretically deny all claims.
If you make a timely, valid claim using the Long Claim Form, an independent, court-approved claims administrator will evaluate your claim and determine the amount you should receive.
or not. but not that says court approved not cort appointed. there is a big fucking diference there.
To make a valid claim, you will need to (1) fill out the claim form electronically and (2) print the signature page of your claim form, sign it and return it by mail to the address provided on the claim form. You must complete the claims procedure no later than October 23, 2004.
that buried at the bottom when they really should have said just that upfront.
Your payment will be transferred electronically to your PayPal account.
and they will be making more money off of it while it sits in there bank account unclaimed by you. if this part of what the suit was about to begin with?
If you do not have a current, unrestricted PayPal account or you indicate on the claim form that you prefer to receive a check, payment will be made in the form of a check, sent by first class mail to the address provided on the claim form. If you are paid by check, a $1.00 charge will be deducted from your payment to cover the cost of issuing and mailing the check. The claims administrator will not issue checks for less than $1.00. Such amounts will instead be reallocated to those claimants who are entitled to receive distributions.
so basically you have to get it sent to your account or you lose. you get nothing. this whole part is just so entirely wrong. i really have trouble it but you make your own choice.
If the Court approves the proposed settlement, Class Counsel will make a motion to the Court for an award of attorneys' fees of up to $3,332,500 and reimbursement of expenses of up to $135,000, to be paid from the $9.25 million settlement fund.
who the hell hired these guys? donald trump? do the math on that one ok.
Class Counsel will also seek reimbursement from the settlement fund on behalf of certain of the named plaintiffs in the litigation for reimbursement of their expenses related to their service as class representatives in the litigation, in an aggregate amount not to exceed $15,000.
oh wtf?
You may attend the hearing if you wish, but are not required to do so to participate in the settlement.
and i am sure they would really prefer that you not but they had to tell you anyway.
If you decide to remain in the class, and you wish to comment in support of or in opposition to the settlement or Class Counsel's motion for attorneys' fees and expenses, you may do so by mailing or delivering your written (non-email) comments, such that they are RECEIVED on or before September 3, 2004, as follows: (1) the original must be sent to the Court at the following address:
Clerk of the Court
United States District Court for the Northern District of California
280 South First Street
San Jose, California 95113
and (2) copies must be sent to Co Lead Counsel and PayPal's counsel at the addresses listed in Section 9, above.
write fast they want to get this over with quick because the sooner it is done the less press it will receive. what constitutes the original when it is printed out? do you have to print it out and then go make copies? and is that two copies each for a grand total of five (six if you count the one you really should keep for your self) or is it a total of three?
This notice is a summary and does not describe all details of the settlement. For full details of the matters discussed in this notice, you may wish to review the Settlement Agreement dated June 11, 2004 and on file with the Court or visit https://www.paypal.com/settlement/.
thats another one of those really important parts. there is that url again. while i am on the subject why is it a link to a secure page that forwards you to a non-secure one?
Complete copies of the Settlement Agreement and all other pleadings and papers filed in the lawsuit are also available for inspection and copying during regular business hours, at the Office of the Clerk of the Court, United States District Court for the Northern District of California, 280 South First Street, San Jose, California 95113.
ill just run right over there. i think they really should be made to put all of that up for public inspection. hopefully someone will.
DATED: July 12, 2004
it says that in the email. however the header says...Fri, 30 Jul 2004 01:21:44 -0700 (PDT). no wonder all of the dates are so short in it. dont even try to tell me it took them that long to notify eveyone because they constantly do mailings so yeah bullshit.
Replies to this email will not be processed.
again wasnt that part of what this whole mess was over. yes. yes it was.
ok i know this wasnt really all that deep or anything but i had to get it out. i tried to bold and underline where they did but i may have missed one. no biggie. ill bet ebay is regretting taking them over now. wouldnt be surpring if they get sold off or something once this is all done.
just check the history on my account and the first transaction is...
"9/30/2001" "01:55:46" "PDT" "Credit Card" "Charge From Credit Card" "Completed" "" "4.50" "" "4.50"
ok first it starts off with really big letters stating...
IF YOU OPENED A PAYPAL ACCOUNT BETWEEN OCTOBER 1999 AND JANUARY 2004, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.
did they really need to do that. it really makes it look like spam. but to make it even worse i think my account was opened in 1998. sonofabitch dumb bastids.
during the course of the document they repeatedly link to https://www.paypal.com/settlement/ as if it holds all of the information you could possibly need in the case. however once you open the link you are told you are being forwarded to a non-paypal site. so it directs you to http://www.settlement4onlinepayments.com/ and you might even get there. it took me several tries and in the middle of the night even. once you do get there you are greeted with a message stating...
The website is experiencing delays and other problems due to an extremely high volume of traffic. Please note that the deadline to submit an online claim is not until October 23, 2004. Claim Forms must be submitted online (and the certification page mailed in to the address on the certification page) - there is no alternate way to submit a claim. As website traffic slows in the next week, it should become much quicker and easier to navigate the site.
by other problems they mean that the site is completely unavailable at tiimes. yeah they were really prepared for this. i might go into this site at a later date. after i do all the filing for myself.
so lets go back to the email...
PayPal does not believe that it did anything wrong. In fact, PayPal disputes that the EFTA, originally passed in 1978, applies to its business.
of course they dont. infact of course they dont or there asses would not be in the bind it is in now. remind me to find that efta later will ya?
By settling their claims, both parties avoided the uncertainty and cost of a trial.
no they didnt do any wrong doing but they will pay out millions of dollars. umm ok i believe you.
4. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?
On July 12, 2004, Judge Fogel entered an order granting preliminary approval of the settlement and certifying the following class for purposes of the settlement: All Persons who opened a PayPal account during the period from October 1, 1999 through January 31, 2004. Excluded from the class are any judicial officer to whom the lawsuit is assigned; PayPal and any of its affiliates; any current or former employee, officer, or director of PayPal; anyone who resides in Austria, Belgium, Denmark, Germany, Greece, Finland, France, Ireland, Italy, Luxembourg, Portugal, Spain, Sweden, The Netherlands, or United Kingdom; and all persons who timely and validly request exclusion from the class pursuant to this notice.
Thus, if you opened a PayPal account between October 1, 1999 and January 31, 2004, and are not one of the excluded persons listed above, you are a member of the class.
so it looks like i am not the only one that is going to get screwed on this one but ill bet there are other lawsuits happening. 'and who the hell is going to request exclusion?' you ask. those of you who want to file a suit of your own and have a real reason not to settle for the 50cents youll be getting with this.
Under the settlement, PayPal will pay $9.25 million into a settlement fund, to be held in an interest-bearing account.
$9.25 million definately says they did something wrong. no lawyer or cort case like this costs that much. and yeah that account has my interest.
(d) "Statutory Damage Fund Claimants" are all Fund Claimants who are not Dispute Resolution Claimants.
i thought that was when you sued a minor. nevermind im thinking of something else.
Statutory damages under the EFTA are limited by law to no more than $500,000 for any class of individuals claiming "the same failure to comply." Plaintiffs' counsel contended in the litigation and for purposes of settlement that PayPal was potentially liable for multiple failures to comply, a position PayPal vigorously opposed.
but they signed it anyway because they are just so innocent.
The Statutory Damage Fund Claim Form requires you to provide certain identifying information and sign a statement under penalty of perjury authenticating your claim, which may be subject to verification by PayPal's records.
they are going to check every claim and send you a letter telling you that you dont get anything. they would be stupid to try to press the perjury claims with this many people involved.
The Long Claim Form requires you to provide certain identifying information; give the details of the account restriction(s) and/or unauthorized electronic fund transfer(s) you experienced; state the amount of your claim, and sign a statement, under penalty of perjury, which may be subject to verification by PayPal's records, that you actually suffered the claimed damages.
but according to what they say no actually suffered any damages because they didnt do anything wrong. based on that statement they could theoretically deny all claims.
If you make a timely, valid claim using the Long Claim Form, an independent, court-approved claims administrator will evaluate your claim and determine the amount you should receive.
or not. but not that says court approved not cort appointed. there is a big fucking diference there.
To make a valid claim, you will need to (1) fill out the claim form electronically and (2) print the signature page of your claim form, sign it and return it by mail to the address provided on the claim form. You must complete the claims procedure no later than October 23, 2004.
that buried at the bottom when they really should have said just that upfront.
Your payment will be transferred electronically to your PayPal account.
and they will be making more money off of it while it sits in there bank account unclaimed by you. if this part of what the suit was about to begin with?
If you do not have a current, unrestricted PayPal account or you indicate on the claim form that you prefer to receive a check, payment will be made in the form of a check, sent by first class mail to the address provided on the claim form. If you are paid by check, a $1.00 charge will be deducted from your payment to cover the cost of issuing and mailing the check. The claims administrator will not issue checks for less than $1.00. Such amounts will instead be reallocated to those claimants who are entitled to receive distributions.
so basically you have to get it sent to your account or you lose. you get nothing. this whole part is just so entirely wrong. i really have trouble it but you make your own choice.
If the Court approves the proposed settlement, Class Counsel will make a motion to the Court for an award of attorneys' fees of up to $3,332,500 and reimbursement of expenses of up to $135,000, to be paid from the $9.25 million settlement fund.
who the hell hired these guys? donald trump? do the math on that one ok.
Class Counsel will also seek reimbursement from the settlement fund on behalf of certain of the named plaintiffs in the litigation for reimbursement of their expenses related to their service as class representatives in the litigation, in an aggregate amount not to exceed $15,000.
oh wtf?
You may attend the hearing if you wish, but are not required to do so to participate in the settlement.
and i am sure they would really prefer that you not but they had to tell you anyway.
If you decide to remain in the class, and you wish to comment in support of or in opposition to the settlement or Class Counsel's motion for attorneys' fees and expenses, you may do so by mailing or delivering your written (non-email) comments, such that they are RECEIVED on or before September 3, 2004, as follows: (1) the original must be sent to the Court at the following address:
Clerk of the Court
United States District Court for the Northern District of California
280 South First Street
San Jose, California 95113
and (2) copies must be sent to Co Lead Counsel and PayPal's counsel at the addresses listed in Section 9, above.
write fast they want to get this over with quick because the sooner it is done the less press it will receive. what constitutes the original when it is printed out? do you have to print it out and then go make copies? and is that two copies each for a grand total of five (six if you count the one you really should keep for your self) or is it a total of three?
This notice is a summary and does not describe all details of the settlement. For full details of the matters discussed in this notice, you may wish to review the Settlement Agreement dated June 11, 2004 and on file with the Court or visit https://www.paypal.com/settlement/.
thats another one of those really important parts. there is that url again. while i am on the subject why is it a link to a secure page that forwards you to a non-secure one?
Complete copies of the Settlement Agreement and all other pleadings and papers filed in the lawsuit are also available for inspection and copying during regular business hours, at the Office of the Clerk of the Court, United States District Court for the Northern District of California, 280 South First Street, San Jose, California 95113.
ill just run right over there. i think they really should be made to put all of that up for public inspection. hopefully someone will.
DATED: July 12, 2004
it says that in the email. however the header says...Fri, 30 Jul 2004 01:21:44 -0700 (PDT). no wonder all of the dates are so short in it. dont even try to tell me it took them that long to notify eveyone because they constantly do mailings so yeah bullshit.
Replies to this email will not be processed.
again wasnt that part of what this whole mess was over. yes. yes it was.
ok i know this wasnt really all that deep or anything but i had to get it out. i tried to bold and underline where they did but i may have missed one. no biggie. ill bet ebay is regretting taking them over now. wouldnt be surpring if they get sold off or something once this is all done.
just check the history on my account and the first transaction is...
"9/30/2001" "01:55:46" "PDT" "Credit Card" "Charge From Credit Card" "Completed" "" "4.50" "" "4.50"
