![]() To represent the class, the Court has appointed Plaintiffs Roberta Toher and Jeffrey Resnick as Representative Plaintiffs and their counsel of record as Class Counsel. Thus, if you opened a PayPal account between Octoand January 31, 2004, and are not one of the excluded persons listed above, you are a member of the class. 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. 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 Octothrough January 31, 2004. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT? By this notice, the Court is not expressing any view on the merits of the lawsuit.Ĥ. The Representative Plaintiffs and the attorneys appointed by the Court to represent the Class believe that the settlement is fair to Class Members. PayPal continues to believe that it did not do anything wrong. By entering into the Settlement Agreement, PayPal is not admitting any wrongdoing. On June 11, 2004, the parties entered into a formal, written Settlement Agreement, which is on file with the Court and available on the Internet at. The settlement provides money and other benefits to the Class. By settling their claims, both parties avoided the uncertainty and cost of a trial. Eventually, in November 2003, both sides agreed to a settlement in principle. PAYPAL CLASS ACTIO N SERIESInstead, beginning in the fall of 2003, the parties began a series of settlement negotiation sessions mediated by United States Magistrate Judge Edward Infante. The Court did not decide in favor of the Plaintiffs or PayPal. ![]() PayPal denies any and all liability for the claims alleged in the lawsuit. In fact, PayPal disputes that the EFTA, originally passed in 1978, applies to its business. PayPal does not believe that it did anything wrong. Based on these practices, the lawsuit asserts claims under California state law for conversion, money had and received, negligence, and violations of consumer protection statutes. The lawsuit further alleges that PayPal has placed inappropriate restrictions or other limits on customers' accounts and engaged in other improper practices. For example, the lawsuit claims that PayPal did not provide account statements in the manner required by the EFTA. §§ 1693 et seq., including provisions requiring PayPal to supply customers with information about dispute resolution procedures and to follow certain procedures when investigating complaints of unauthorized or incorrect electronic fund transfers. The lawsuit alleges that PayPal violated the federal Electronic Fund Transfer Act ("EFTA"), 15 U.S.C. These two cases were later consolidated into one lawsuit in the United States District Court for the Northern District of California, San Jose Division, entitled In re PayPal Litigation, Case No. In early 2002, Plaintiffs Roberta Toher and Jeffrey Resnick filed separate lawsuits against PayPal, Inc. United States District Judge Jeremy Fogel is in charge of this class action. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. All of these people are members of the Class. In a class action, one or more people, called Class Representatives (in this case Roberta Toher and Jeffrey Resnick), sue on behalf of people who have similar claims. PAYPAL CLASS ACTIO N HOW TOIt also explains the lawsuit, your legal rights under the settlement, what benefits are available to you under the settlement, and how to get them. This Notice provides a summary of the terms of the proposed settlement. 02 1227 JF PVT, pending in the United States District Court for the Northern District of California in San Jose. This means you may be eligible to receive a payment from the proposed class action settlement in the lawsuit In re PayPal Litigation, Case No. indicate you are a current or former PayPal account holder. You have been sent this Notice because the records of PayPal, Inc. NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT IF YOU OPENED A PAYPAL ACCOUNT BETWEEN OCTOBER 1999 AND JANUARY 2004, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT. ![]() Has anyone heard of this being in the works? It was sent on Paypal "stationery", from this address: I'm as cynical as they come, but this sure seems legitimate (I'll paste a portion of the long email at the end of this post). I received an email from Paypal providing details of a class action lawsuit brought against them. ![]()
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