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admin : Wednesday, December 15, 2010, 21:53

PayPal’s Unfair Hold Policy Not Clearly Stated

As I must await the release of funds from PayPal at some arbitrary point in time in the future (i.e.: return ownership to me), I am going to use the time to offer observations on their policies which may be of benefit to new sellers. Looks like I ‘may’ be here up to 21 days. Stop back often!

Specifically to the 21 day hold policy from PayPal-

Word of the day: Unconscionability

The hold policy is, obviously, a contract of adhesion.

Further, it uses the language “may” when in fact it should inform new/infrequent sellers that funds WILL be held and may be held up to 21 days no matter what you do. It should be clear as to this burden.

The policy seems at best misleading.

So does it go to the point of deception? Does it matter?

But…the policy on releasing funds three days after verified delivery uses the term “may” when it probably should read PayPal will most likely not release your funds 3 days after verified delivery…at least not unless you have the time to waste to pester them. The incongruency of the term’s use is striking.

To deprive a seller of both an asset and the proceeds of that asset is an extraordinary event for any length of time. The seller needs a clear and transparent warning up front before initiating sales. The agreement appears to reach well beyond being misleading considering its burden.

Holding an asset AND the proceeds of an asset for 21 days is astounding.

Would it be found unconscionable?

So…what would a regulatory body/court say about a contract of cohesion…misleading at best, deceptive at worst…containing extraordinarily burdensome mandates…drafted by a behemoth (PayPal) for us common folk?

Unconscionable? [By the way...how did the PayPal/eBay thing pass conflict of interest/antitrust smell tests?]

Is the clause enforceable if challenged?

I can’t believe it has passed muster up to now! At the least, PayPal  should be forced to make this clause completely transparent…bold typeexplanation of the burden of held funds.

Even then…21 days of free use of an enormous pile of money (certainly PayPal knows the exact average of this “held funds fund” for investment purposes) seems to over-reach to me.

Submitted By:: AY

Location: Key West, FL


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One thought on “PayPal’s Unfair Hold Policy Not Clearly Stated
  1. Gil on

    Sure, Paypal are unfair.
    the question is : can we do something against it?
    They do it for years, and probably many sellers tried to correct it and did not succeed.

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