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since ‎Jan-30-2011
tmaca
tmaca Contributor
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Latest Contributions by tmaca
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Re: INAD Claim filed/seller contact Lesson learned

by tmaca Contributor in Disputes and claims (Archive)
‎Aug-31-2011 09:14 PM
1 Kudo
‎Aug-31-2011 09:14 PM
1 Kudo
Wrong Lesson.   There are thousands of honest non-business sellers on Ebay.  In fact, Ebay was started with non-business sellers.  The business stuff, like Ebay stores, came along later.  Avoiding non-business sellers also means you avoid most of the best deals on Ebay.   The lesson should have been severalfold.  Check feeedback scores.  Then check the feedback.  If it's all from the person buying things, never selling anything, it still tells you something.  A scam artist often tries to play games when buying, too.  And check the account history.  Unfortunately, scam artists are able to open new accounts, under a different name and email, after being caught.  So a high feedback score, if the account is a really new one, means little.  If the Ebay account has been around a while, even if he/she has never sold anyhting in the past, chances are pretty good it's an honest person.  And if it's been around a while and he/she has sold some few things over time, that high feedback score is as close ti a guarantree as you'll ever get that the seller is honest.  And watch out for ridiculous shipping and handling charges.  Scammers will sell something with a really high shipping fee, then gladly refund your "cost" when you find out it's a piece of junk.  Unfortunately, they keep that $20 or more shipping fee for an item which actually cost maybe $3.00 to ship.  That has been an especially popular scam with jewelery and gemstones. ... View more

Re: Firearm policy...

by tmaca Contributor in eBay and PayPal (Archive)
‎Feb-03-2011 12:46 AM
8 Kudos
‎Feb-03-2011 12:46 AM
8 Kudos
Yup. No matter what happened to or with any gun after one of its parts, or even the entire gun, had been paid for via Paypal, there is no way Paypal could be liable for anyhting.   However, it appears that they have created their own liability by taking action against users who "violate" this ridiculously ambiguous policy, including those who have used Paypal to handle payments for sales of items which were allowed at, and in fact sold through, Ebay.  It is a basic principle of contract law that no penalty can be implemented against a party to a contract unless the things which can trigger such action are included in the contract.  Terminology which would lead to confusion and uncertainty on the part of a reasonable person does not fill the bill.   In this case, the fact that the parent company, Ebay, has the same policy, but one  which DOES go on to explain which parts are disallowed, it becomes clear that this ambiguity was intentionally created by Paypal, knowing full well that many people are led to handle the financial aspects of Ebay sales through Paypal, and that such people would most likely rely on what Ebay allows in order to determine what is allowed at Paypal.  This makes it, in my opinion, an egregious act, subjecting Paypal to  to liability for punitive damages above and beyond whatever normally compensible losses the user may have incurred as a result of Paypal's sanctions against him.   This is a perfect example of both corporate deceit and corporate arrogance, deceit in claiming that their policy is not completely anti gun, and arrrogance in believing that they can do whatever they like, ignoring inconsequential little things such as contract law.  I can only hope that someone who has been damaged as a result of enforcement of this inadequate policy initiates legal action against Paypal.  At the very least, such an action should force Paypal to either back off on the thing or to clearly state that using Paypal for payment for the sale of of any and all firearme parts are considered to be an inappropriate use.  (As a privately owned, non-governmental entity, they can, after all, have whatever policy they wish, as long as it is clearly stated to the individual before he accepts and agrees to their rules.)  That would stop them from trying to pretend that they are not entirely anti gun in order to keep the business of persons who might be very upset over such a policy.   Right now, the vast majority of Paypal users use it because of convenience, security, and having been directed to Paypal by Ebay and other sites.  Paypal's ambiguous policy and ludicrous explanations are clearly intended to avoid seriously offending a large portion of those users.  If Paypal is forced to be honest about its intentions, it may well result in large numbers of users migrating to a different internet based transaaction service, as you suggest. ... View more

Re: Firearm policy...

by tmaca Contributor in eBay and PayPal (Archive)
‎Jan-30-2011 01:39 AM
7 Kudos
‎Jan-30-2011 01:39 AM
7 Kudos
Absolute crap and total lies.  Paypal is not worrried about lawsuits.  They just hate guns and, like most left wing gun haters, want to make life as difficult as is within their power for people who sell guns. Given the lack of success of "your gun killed my husband, wife, child, or whoever lawsuits, even against actual gunmakers and gun sellers (unless a gun was sold in violation of the law) there is no way in the world anyone could even get a court to entertain a suit against a company that merely transferred money that was the proceeds of a firearm sale.  Any such suit would result in a summary dismissal without any trial.  If a suit against the money handler were even possible, numerous banks would have been sued, not to mention the several on line gun auction sites.   Furthermore,the only things that could even possibly trigger any attempted  lawsuit against anyone would be a complete firearm or a receiver, both of which can be traced and whose history can be reconstructed.  Paypal's acceptable use policy says that firearms and "certain firearm parts" cannot be paid for through Paypal.  Nowhere can I find any definition or list of what those certain parts are.  This undefined category allows them to declare transactions for ANY firearm part to be unacceptable under the trems of their stated policy.  I personally know of one case where Paypal PERMANENTLY revoked someone's account for receiving payment for, of all things, a Glock recoil spring, and sequestered all of the funds in his account (not just those for the spring) for 60 days.  They did this without any warning whatsoever, to someone who had over 1,000 trouble free transactions over Ebay, and over 500 through Paypal, and this was his first "offense". When he pointed out that the item was "Ebay legal" (in fact, I believe it had been sold on Ebay), they responded that even though they were owned by Ebay they were a seperate company and had their own policies.  He asked them to reconsider the account revocation more than once, with no success.   Even if Paypal does have someone in their legal department who is so ignorant of case law and legal precedents, and even black ink law, that he tells them they can be sued if they handle payment for a firearm, nobody could be so ignorant as to think that handling the funds for a recoil spring could ever have that result.   These are not the actions of a firm worried about any law suit.  These are the actions of a firm attempting to do everything within its power to negatively affect commerce in guns and gun parts.  If Paypal feels that this is what is proper, they certainly have the right to feel that way, no matter who thinks they shouldn't.  And they have every right to limit the types of transactions they wish to handle, as long as they tell people ahead of time what those types of transactions are.  So why doesn't their policy just say that any and all gun parts and components transactions are banned?  Why do they use such an ambiguous, and never explained, term as "certain firearm parts"?   Personally, and this IS only a personal conclusion, I believe that they just don't have the guts to say up front what they're really doing because they fear that the incredibly numerous gun owners in this country might just be annoyed enough to boycott Paypal.  In fact, I defy Paypal to post this comment, and, if they still maintain that they are not anti-gun, explain why someone was punished for receiving payment for such an innocuous part as a recoil spring. ... View more
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