I am asking sellers on eBay to join with me on the claim policy for NOT AS DESCRIBED of PayPal. I am looking to start a CLASS ACTION SUIT TO FORCE PAYPAL TO MODIFY OR CHANGE THIS POLICY.
HERE IS WHY-
1. PayPal allows a buyer to file a dispute and escalate it to a claim at the same time. Therefore removing any possibility when it is a claim for a seller to negotiate with a buyer as it is no longer in the seller or the buyer's hands but solely rests with PayPal to decide.
2. PayPal on their tutorial on disputed transactions states the following for sellers: receive notification, negotiate to resolve dispute, dispute is closed or escalated to a claim and the last step in this PayPal tutorial states "We investigates and resolves claims". Point of fact and this was told to me tonight by a Senior Specialist in the Escalation Department of PayPal; "the investigation on a claim is that PayPal advises the buyer that they need to return the item to the seller and pay the cost of the return"; end of investigation that is it! PayPal does not investigate NOT AS DESCRIBED CLAIMS. Easy fix to this part of their policy is to actually INVESTIGATE. One part of that investigation for eBay sellers is for PayPal to look at the terms and conditions on returns. The second part would be to have the buyer submit some form of proof on a NOT AS DESCRIBED CLAIM.
3. eBay forces sellers through their policy to state a RETURN POLICY. If a seller states for example FINAL SALE NO RETURNS or NO RETURNS HOWEVER CAN BE RETURNED TO THE MANUFACTURER UNDER THE WARRANTY SOLD WITH THE ITEM or many other scenarios; PayPal will resolve a NOT AS DESCRIBED CLAIM AND rule in favor of the buyer and return the seller's money. The Buyer does not have to supply PROOF OF A NOT AS DESCRIBED. All they need to do is file a dispute, escalates it to a claim, return the item and PayPal refunds them with our money. Your listing details on eBay and your return policy (including NO RETURNS) is not taken into consideration by PayPal. The fix to this part is also simple; either abide by the eBay policy of sellers listing RETURN policy and if the POLICY ON THE EBAY LISTING SAYS "NO RETURNS; THAN A BUYER WHO BUYS AN ITEM, HAS TO THINK TWICE BECAUSE HE WOULD KNOW WHAT NO RETURNS MEANS." It is wrong for eBay to have one policy and PayPal ignores that and has their own.
4. The next problem with the PayPal NOT AS DESCRIBED CLAIM is a buyer is given 45 days to file a claim. The reasoning PayPal uses for this amount of time which supersedes and return or claim policy anywhere is that sometimes the buyer will not receive an item in a timely fashion from the seller so they have extended their policy to 45 days. The solution to this fix is simple; the clock starts ticking and it should be no more than a 30 day window, once a buyer has received an item.
5. The next problem is what comes under the heading of NOT AS DESCRIBED. Here again PayPal offers us some assistance in the form of a question and answer on their site.
Question:
I received something I bought on eBay and it's not how it was described in the listing. What can I do?
Answer :
An eBay item should be accurately represented in its description. If you received an item that's different than described,
go to eBay's Resolution Center for help.
The problem is PayPal allows a buyer TO FILE A NOT AS DESCRIBED CLAIM FOR many reasons; an example is a buyer could purchase an electronic item; TV, Radio, CD/MP3 Player, use it for more than 30 days, even leave positive FEEDBACK for the seller, and than some function on the item stops working correctly and they buyer if it is before 45 days LOGS ONTO PAYPAL AND FILES A NOT AS DESCRIBED CLAIM M. The fix here is easy too; NOT AS DESCRIBED IS SELF EXPLANATORY AND CANNOT INCLUDE A PROBLEM THAT DEVELOPS WITH AN ITEM; PARTICULARLY IF THE ITEM WAS BRAND NEW AND IN THE MANUFACTURER'S SEALED PACKAGING WHEN SOLD. So the fix is PayPal needs to develop a 3rd policy; NOT RECEIVED, NOT AS DESCRIBED, AND NOT HAPPY AS THERE IS A PROBLEM WITH WHAT I PURCHASED. Regardless PROOF must be required. Bottom line is a seller can describe an item fully and accurately, buyer purchases item and has a problem (whether it is real or imagined) and decides he/she wants their money back and PayPal allows them to open a claim as NOT AS DESCRIBED even though it was!
PLEASE LET ME KNOW IF YOU ARE INTERESTED IN JOINING A CLASS ACTION SUIT WHICH PURPOSE WOULD BE TO FORCE PAYPAL INTO MODIFYING THEIR PRESENT POLICY ON "NOT AS DESCRIBED"
