PayPal indicted by Polish consumer protection watchdog for inappropriate TOS

https://uokik.gov.pl/aktualnosci.php?news_id=19070

by throw_a_grenade • 4 years ago

48 4 4 years ago

uokik.gov.pl

throw_a_grenade• 4 years ago

FTA (own translation) TOS are wrong, because of three areas:

- list of forbidden actions by user;

- list of sanctions;

- prohibition from using the account when it's suspended.

They are on hook for "up to 10 % of revenue" of "Paypal (Europe)", the exact amount to be decided later by the court.

westmeal• 4 years ago

Good, how on earth did their legal team think this was OK?

teetertater• 4 years ago

Off topic but also about PayPal: I recently fell for a cheeky scam and want to warn others:

I bought an item online thinking they have strong consumer protection, and thus ignored some red flags. But turns out, that only applies if the transaction is not marked as for "friends and family". Here's the key part: for some regional accounts, "friends and family" is the only option!! You don't even get a drop-down!!

I've opened a ticket with them a few weeks ago but I've accepted it as an expensive lesson (there's no good reason to use PayPal anymore).

The scammer's PayPal account is still active and I see him lurking on the local buy and sell app (he rotates hacked accounts but keeps the same photos and description)

KronisLV• 4 years ago

The article appears in Polish for me, I couldn't find an English version of the article (they seem to have an English site, though), and Google translate broke for me when trying to translate the whole page: https://uokik-gov-pl.translate.goog/aktualnosci.php?news_id=...

So I used Google Translate on just the article text, hope nobody minds:

  The President of UOKiK, Tomasz Chróstny, initiated proceedings against PayPal.
  The company may use prohibited contractual provisions in contract templates used in relations with consumers, which is punishable by a penalty of up to 10 percent. turnover.
  Doubts are raised, among others, by unclear issues regarding the freedom to impose contractual penalties, such as blocking access to accounts, monetary sanctions or terminating contracts.
  
  Paypal (Europe) allows you to make online payments around the world, it is a kind of electronic wallet integrated with a bank account to which you can assign a payment card. The President of the Office of Competition and Consumer Protection, Tomasz Chróstny, decided that the Luxembourg company may use prohibited contractual provisions. The allegations concern three provisions of the "PayPal User Agreement": a list of prohibited activities, a list of sanctions and a ban on using an account when it is blocked or suspended. In the opinion of the President of the Office, the content contained in this document may be contrary to good practices and lead to a gross disproportion of rights and obligations between the consumer and the entrepreneur.
  
  The findings of the Office show that the prohibited activities have been described imprecisely, without giving specific examples or explaining unclear and complex concepts, leaving interpretation in this respect only to the entrepreneur. The reservations relate, among others, to the formal and grammatical structure of the provisions. The User, having read the agreement, is not able to determine which of his actions may be considered prohibited by PayPal, or what sanctions the Company may take.
  
  According to one of the provisions questioned by UOKiK, when Paypal finds that the consumer has committed any of the prohibited activities, it may "at any time and at its discretion take a number of actions to protect the company (...)". The catalog of sanctions contained in the agreement is open – it means that the company may also apply penalties not provided for therein. The provisions of the contract also do not oblige Paypal to indicate a specific violation or provide a justification for the applied sanction. It is possible, therefore, blocking funds "in the amount and for as long as necessary", imposing an obligation on the consumer to pay the equivalent of USD 2,500 or more, and even closing the user's account without notice and refusing to provide services in the future.
  
  It also remains unclear what happens when a PayPal account is actually suspended or terminated. The agreement indicates that an attempt to use such an account may be punishable. At the same time, the provision does not explain whether this applies to login attempts or other types of activities, or what penalties are provided for this. It was also not specified whether the company intends to continue to charge fees for using the account if its balance was positive.
  
  Agreements, and especially those parts of them that define the negative consequences of prohibited activities, must be written in simple and understandable, but at the same time precise language and be based on clearly defined criteria. Consumers should be able to anticipate the consequences of their actions. At the same time, they should be sure about the safety and ability to use their financial resources. Therefore, it is unacceptable for the company to release itself from any liability while freely imposing such severe sanctions as, for example, blocking funds or closing the account - says Tomasz Chróstny, President of the Office of Competition and Consumer Protection.
  
  The Paypal investigation began in December 2021. Now the company has heard allegations of using prohibited contractual provisions in standard contracts used in relations with consumers, for which a fine of up to 10% is imposed. turnover.

I don't really have a horse in the race, though I use PayPal almost daily and it's pretty popular here in Latvia. I'm not sure whether I'd go for PayPal or Stripe if I needed to accept payments, maybe both, depending on the target audience. I don't think there are that many alternatives to PayPal currently, hope they figure everything out and PayPal remains compliant with whatever the laws are and is safe for people to use.

PayPal indicted by Polish consumer protection watchdog for inappropriate TOS

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