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PayPal Breaks TOS

Writer Wishes To Remain Anonymous

While browsing through your site, I came across mention of several clauses in PayPal’s ToS.  The clauses in question, the forum selection clause and the indeminfication agreement, are, as you stated, unfair.

While PayPal has, in the past, been able to hide behind these clauses in defense of several lawsuits, courts will soon realize that, when viewed in the ‘reasonable person standard,’ these clauses create an unconscionable adhesion agreement.

The unsophisticated PayPal member, using said service to conduct a modicum of business online was, in the past, left with few safe alternatives in enforcing online payment.  PayPal realized this, and extorted these unconscionable terms of service in order to protect themselves from liability.  If it were so argued in a court of law, I feel that (and my opinion herein is meant as JUST THAT, an opinion, and should not be interpreted otherwise) a litigant would be able to press a strong case. Courts have long held that many Terms of Service agreements constitute contracts of adhesion, as a user is never given the opportunity to negotiate the terms therein, and many such agreements have been struck down (especially in the case of the unsophisticated user [i.e. you and I]).

Just my $0.02

Posted: May 8, 2012 at 1:16 pm

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