How to escalate a dispute- decision in vendor favor for malicious software

sunny626
Contributor
Contributor

Hello,

I purchased a healthcare app on 6/11 and paid for 6 months of service.  When I went to the ap store to download the app and set it up, Trend Micro indicated that the app was unsafe and suspicious.   I immediately contacted the vendor to report.  They didn't seem to mind, and have not refunded me.  They stated they understand my concerns, and to date have done nothing.  I disputed with PayPal, and since the vendor has a no refunds policy, which I agreed with at the time of purchase, I cannot have my money back.  I think the condition that the Trend Micro security software identifies this app as unsafe should come into play for the decision.  PayPal says no.  How to further escalate... it seems very reasonable to me to ask for a refund. 

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sharpiemarker
Esteemed Advisor
Esteemed Advisor

@sunny626 

 

PayPal denied your claim because PayPal purchase protection is not a warranty, does not cover buyers remorse (ie. don’t want, don’t like, saw it someplace cheaper, as described but did not meet expectations, changed mind, bought by mistake/accident).

Significantly Not as Described Claims

An item may be considered Significantly Not as Described if:

  • The item is materially different from the seller’s description of it.
  • You received a completely different item.
  • The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.
  • The item was advertised as authentic but is not authentic (i.e. counterfeit).
  • The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.
  • You purchased a certain number of items but didn’t receive them all.
  • The item was damaged during shipment.
  • The item is unusable in its received state and was not disclosed as such.

An item may not be considered Significantly Not as Described if:

  • The defect in the item was correctly described by the seller in its description of the item.
  • The item was properly described but you didn’t want it after you received it.
  • The item was properly described but did not meet your expectations.
  • The item has minor scratches and was described as “used.”

Try contacting customer services to appeal but only appeal if you have compelling evidence for the parameters described above.

https://www.paypal.com/us/smarthelp/contact-us      

Click Message Us or Call Us option below the Common Issues section.

 

Or reach out to PayPal at Facebook or Twitter:    

PayPal on Facebook

PayPal on Twitter

 

Otherwise, you may fall back on your cc chargeback rights though as per:

 

Dispute with PayPal or Your Card Issuer

If you used a debit or credit card as the payment method for a transaction through your PayPal account and you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Applicable card chargeback rights may be broader than those available to you under PayPal’s Purchase Protection program. For example, if you dispute a transaction with your card issuer, you may be able to recover amounts you paid for unsatisfactory items even if they don’t qualify for protection under a Significantly Not as Described claim with us.

 

You must choose whether to pursue a dispute with PayPal under our Purchase Protection program, or to pursue the dispute with your card issuer. You can’t do both at the same time or seek a double recovery. If you pursue a dispute/claim with us and you also pursue a dispute for the same transaction with your card issuer, we’ll close your dispute/claim with us. This won’t affect the dispute process with your card issuer. In addition, if you pursue a dispute with your card issuer, you cannot pursue a dispute/claim with us later.

 

If you choose to dispute a transaction with PayPal and we decide against you, you can seek to pursue the dispute with your card issuer later. If PayPal does not make a final decision on your claim until after your card issuer’s deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer).

 

Before contacting your card issuer or filing a dispute with PayPal, you should contact the seller to attempt to resolve your issue in accordance with the seller’s return policy.”

 

Of course, the last bit doesn’t apply since you already tried and seller had a ‘no refund’ policy.


Kudos & Solved are greatly appreciated. 🙂
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sunny626
Contributor
Contributor

The issuer of the card is PayPal.  It's PP Mastercard.

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PayPal_Bindu
Moderator
Moderator

Hey @sunny626 

 

Welcome to the PayPal Community Forum and thanks for the help @sharpiemarker! I see you're looking to dispute your recent purchase. Since you paid using PayPal Master card, you can contact Mastercard support team for other dispute options. You can get the number on your monthly billing statement or on the back of your card.

 

Good luck,

Bindu

 

 

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