Just because you agree to something does not mean it is legally enforceable. Paypal is counting, like many firms that purchase debts, on those affected being unwilling or unable to take them to court.
Isn't the entire point of a contract, the fact that YOU agreed? The Terms of Service is the contract that PayPal is making with their customer. The ToS is reviewed by teams of lawyers, as this is a legally binding agreement between the company, and the customer. To say this was an accident, is a bold-faced lie.
Is this abhorrent? Absolutely
Do I hope they go bankrupt? Absolutely
But, as they will have a log of you logging into your account, and accepting the terms of service, along with the fact that there are other means of paying the bill, and you accepted the PayPal terms; will put you at a distinct advantage.
I do not understand the analogy. Both are privileges. With my DL I am responsible for maintenance, insurance, taxes and “responsible operations” or face penalties.
There are no alternatives to DL. I cannot chose a random state DL if I don’t like my state’s terms.
However, there are alternatives to PayPal. This is completely voluntary (and I despise PayPal’s actions). I hope they go bankrupt
Only if the terms that you agreed to are legal and enforcable. The court can freely strike terms from a contract that are either illegal or otherwise unenforcable, or even nullify the contract in its entirety.
Specific to the argument at hand, the proposed fine for promoting misinformation is illegal and unenforcable. For starters, Paypal is not a government entity, it is a private business (specifically, a payment aggregator). Not only does it lack the legal power to issue you a fine for actions it alleges are in breach of policy whatsoever, but it does not even have the standing to sue you for any amount of money unless it is for damages you have inflicted upon it. Such as attempting to use their services to commit fraud.
The only thing Paypal has the right to do with your money is to freeze your Paypal account and the balance within it for a duration permitted to it by policies that are enforcable, OR return that money to you either at the end of that limited duration or when you tell them to give you a check for the balance you have in your account after it is closed.
Just because you agree to something does not mean it is legally enforceable. Paypal is counting, like many firms that purchase debts, on those affected being unwilling or unable to take them to court.
Isn't the entire point of a contract, the fact that YOU agreed? The Terms of Service is the contract that PayPal is making with their customer. The ToS is reviewed by teams of lawyers, as this is a legally binding agreement between the company, and the customer. To say this was an accident, is a bold-faced lie.
Is this abhorrent? Absolutely Do I hope they go bankrupt? Absolutely
But, as they will have a log of you logging into your account, and accepting the terms of service, along with the fact that there are other means of paying the bill, and you accepted the PayPal terms; will put you at a distinct advantage.
No, not entirely. There is such a thing as compelled performance, like when you got your driver's license.
I do not understand the analogy. Both are privileges. With my DL I am responsible for maintenance, insurance, taxes and “responsible operations” or face penalties.
There are no alternatives to DL. I cannot chose a random state DL if I don’t like my state’s terms.
However, there are alternatives to PayPal. This is completely voluntary (and I despise PayPal’s actions). I hope they go bankrupt
Only if the terms that you agreed to are legal and enforcable. The court can freely strike terms from a contract that are either illegal or otherwise unenforcable, or even nullify the contract in its entirety.
Specific to the argument at hand, the proposed fine for promoting misinformation is illegal and unenforcable. For starters, Paypal is not a government entity, it is a private business (specifically, a payment aggregator). Not only does it lack the legal power to issue you a fine for actions it alleges are in breach of policy whatsoever, but it does not even have the standing to sue you for any amount of money unless it is for damages you have inflicted upon it. Such as attempting to use their services to commit fraud.
The only thing Paypal has the right to do with your money is to freeze your Paypal account and the balance within it for a duration permitted to it by policies that are enforcable, OR return that money to you either at the end of that limited duration or when you tell them to give you a check for the balance you have in your account after it is closed.
Brilliant reply. I understand.