The Paypal Affidavit

[Milez]

Well my account is frozen also. I got the affidavit this am, and they explained that I could get immediate access to some of my money minus the 20% rollover. This is rediculous because my website does not directly sell anything but ads, and the account they froze has assets from more than just my dss website.

Anyways, I want to know if anyone has signed the affidavit and received control of some of their funds? The paypal rep told me that it is guaranteed that I will get my funds back in 6 months if I do not sign. I think that is BS, and paypal is setting us up for a bigtime screwing. If anyone has signed the affidavit and got some of their money out please let me know. Any other info is appreciated.

PS: Im taking my case to council this afternoon to see if I have any recourse. Looks really bleak.

[TestCardStore]

Mine was frozen before and I got it unlocked. It was frozen because of 2 chargebacks I had not yet responded to as I always liked to work out a resolution with the people that were not trying to scam me. This was after the second notice. I have up to 30 days and 4 notices to respond but they locked in around 10 days. What I had was a 3.9% fee, 5% rolling reserve and 10$ fee on any chargeback afterwards. It was extortion plain and simple.
This time they froze it and I will not attempt to open it. I will certainly never agree to their terms. Read www.paypalwarning.com on numerous issues including them being one of the only funders of offshore gambling. Credit card companies will not let you use your card for these casinos because they are assumed to be the #1 laundering scheme in the world. But guess what.. fund your Paypal with the card and you can. These guys don't care how they make their cash and pump up their stock before they dump the company. The most immoral comapny I have ever dealt with. Look at the owners track record the last 5 years. Pump and dump. If what you do is illegal then close the account.. no questions asked. To allow it to go on under these terms is unfairly singling you out as a 'high risk'. I had 1/3 of 1% chargebacks which is far lower than the industry standard on ANY form of payment yet they pulled that. Its obvious they see this as a major source of revenue and are trying to milk it because 'what are you gonna say about it'.. Any other credit card processor only has a 30 day period to hold for chargebacks when closing down.. 6 months is an insult. As far as I am concerned any dealer that goes along with it also has no scruples to support them. I have told them in no uncertain terms to shut it down and send me my money immediately. I am also following TTRK's advice at a small claims action today since this was the deadline I gave them.

Milez you get my email?

[To The Real King!!]

Hi Guys,

Here is a copy of the affidavit not seen it yet. I think its worthwhile to talk to a lawyer about before signing it. It sure LOOKS like a fast one.

But understand that no matter WHAT their agreement says you CAN sue them. They arenot above the law and coming up here to defend any suit will cost them a lot of money. Probably much more than they will gain through this improper action of theirs.



AFFIDAVIT OF LAWFUL ACTIVITY
(Please fax this Affidavit as soon as possible to 402-571-1000.)

State of________________________________________________

Province of_______________________________________________


I, ____________________________________, the undersigned, being duly sworn and under oath, do hereby state and declare, under penalty of perjury, as follows:

1. This affidavit concerns my business’s PayPal Account under the name of:

____________________________________________________________; with the


primary e-mail address of ______________________________________________.

2. I reside at__________________________________, in the City of ______________________, and the Province

of______________________;

Social Insurance number:______________________ Daytime phone: __________________ Evening phone: _________________


3. I am aware of the laws of Canada and the United States pertaining to the sale of Digital Satellite System (“DSS”)-related equipment. Neither I, nor my business has committed, nor will commit any violations of U.S. or Canadian law.

4. I am aware of the copyright interests of various U.S. and Canadian satellite programming providers, including (without limitation) Direct TV, Echostar, and Bell ExpressVu. Neither I, nor my business, has infringed, nor will infringe on the copyrights of any such business.

5. I understand that, pursuant to the User Agreement with PayPal, Inc. (“PayPal”), PayPal has the right to restrict my account should they become aware that I am in violation of U.S. or Canadian law. I further understand that, pursuant to the User Agreement, any controversy or claim that I might have against PayPal shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Further, the arbitration shall be conducted in Santa Clara County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

6. I understand that PayPal investigates allegations of copyright infringement, and may refer the same to the appropriate law enforcement agency.

I declare under penalty of perjury under the laws of Canada that the foregoing is true and correct.


_____________________________________________________
Primary Accountholder Signature

Subscribed to and sworn before me this _______________ day of _____________________________________________________
Month
(Stamp or Seal)
My Commission expires: ________________________________ _____________________________________________________
Notary Public

Send this fully-executed document via facsimile and first-class mail.

A FALSE DECLARATION MAY BE A VIOLATION OF THE LAW.
Note: Notary services are typically available at local Banks or Government Offices.



Mail document to:
PayPal
P.O. Box 45950
Omaha, NE 68145-0950




Just DO NOT sign this too quick no matter what it promises. See a LAWYER first.http://www.legal-rights.org/images/ttrk.gif
http://www.legal-rights.org/images/ttrkblack.gif

Thanks & Good Luck,

To The REAL King!!

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[Milez]

So your strategy is to wait it out the 6 months? What are the rest of you guys doing? Btw, If paypal goes chapter 11 before 180 days we get nothing. Also, the black market stuff is illegal from now on so I think we are screwed anyways. In 6 months paypal will say, "yep this stuff is illegal, we'll have to take your money away now. Thanks for playing!"

I will let everyone know what my lawyer says about the whole thing later on if I get any new info. From what I can tell information based portals are illegal if the owner makes moneys off of the black market stuff (ad space). Paypal feels that way. Im not sure but this is one of my questions for council.

I didnt get your email? send to webmaster@dsstester.com

[TestCardStore]

'exactly' Milez... You sign this and I would bet money down the road they could just 'determine' on their own that it is illegal anyways and seize the account outright. I would not put this tactic above them. If you are talking to a lawyer on this 'please' keep us informed. I will re-send you the email.

[gunsmoke2]

they explained that I could get immediate access to some of my money minus the 20% rollover.



Could someone explained what is the 20% rollover about



Thanks


GS2

[Milez]

OK it works like this. If you sign the affidavit above and send it in (very stupid imo), paypal will give you access to your money minus 20% of all the money you have brought in over the last 6 months. Either that amount or your balance whichever is smaller. They say this is to cover charge backs. I dont sell anything but ads and explained their is no way I would get any chargebacks but of course that doesnt matter. The CSR at paypal cannot help you.

Anyways I spoke with my lawyer in Vancouver today and he will handle it from now on. Paypal is obligated to provide contact information for their legal council so we'll see what will happen next. Someone needs to sue these bastards, but it wouldn't be easy.

One thing to remember is that the Bell Legal council is responsible for the fascist actions of paypal, and paypal themselves certainly do not want to lose their lucrative business with us. This is not just a rumour. Im still sick to my stomach over the whole thing...

I will post more if I get any info as usual.

[gunsmoke2]

What I had was a 3.9% fee, 5% rolling reserve and 10$ fee on any chargeback


Does everyone have a different rollover ? or is it standard ?



GS2

[TestCardStore]

That was mine based on a couple chargebacks. They haven't bothered with an afidavit with me probably since I told them I will be pursuing legal recourse. I was smart and read what everyone should at www.paypalwarning.com and had a very low float in the account. But the point that was made by Milez, it is not exactly like a straight out amount. They base it on the past 6 months. If I look at my account now there is approximately 20% in the reserve compared to the total thats in there, even though it was supposed to be 5%. The math eludes me but I would assume they took the total billed into the account over 6 months, took 5% of that and then started to take it off at a different rate to achieve that level they calculated. All I know is when they did that, I activated a new shopping cart and switched them down to about 10% of business and built up credit card processing. But even with money comming in my account barely moved since the reserve is segmented off. I would have shut them down very soon anyways on my site.
Even based on the principal alone I don't think dealers in this business or any other should not support these scum.

[TestCardStore]

Sorry.. its late and I didn't finish the post..heh heh.. anyways my point is, with a 20% rolling reserve assuming you are making the same sales you would have about 5 weeks paying into it before you had met the level they require.

[TestCardStore]

I will be checking into this but I believe everyone has a case and should pursue it.

For example, I used to own and rent out a 4-plex. If someone was going to stiff you on rent, it would usually be in the first week, so if I gave a 30 day notice that would cover them into the next month so I would loose 2 months rent instead of 1. Also if you were kicking them out it would be a mess so you would need a couple days to clean it up. So I devised a new form as part of the Landlord/Tenant agreement. On it I stated that if rent was not paid on the 1st, then there is an automatic 15 day eviction notice wether I give them a formal one or not. They 'had' to sign it. Even still, when collecting rent I carried a stack of 15 day eviction notices and just handed them out even if rent was going to be a couple days late just as a matter of procedure.

This all worked fine until I had one tenant who really knew how to play the system. He was getting evicted by me and stayed past the 15 days saying he could stay as long as he wanted 'really' unless I had a court order to remove him. Now here is the point to this post:
When I called up the legal hotline to check into my options as far as removing him or changing locks..etc, I found out that even though he had signed my form agreeing to a 15 day eviction period, that the governments law was the only one that was valid... 30 days. EVEN THOUGH THE TENANT SIGNED AND AGREED TO IT.

So I think Paypal has absolutely no legal grounds to stand on as far as their arbitration crap and just have not been tested on it yet. I will also contact the dealers alliance about starting a class action on behalf of all the dealers who want to join against Paypal. So I highly recommend if you have not joined the alliance, to do so.