PayPal Joined the Party

10/10/12

Adam Levitin commented on the eBay's opt-out arbitration program on CreditSlips.org a few weeks ago, and there have been campaigns calling for consumers to opt out of eBay's program.  Public Citizen has provided instructions on its website for consumers "to protect their constitutional rights by opting out of a forced arbitration clause and ban on consumers joining together in class actions."  eBay is not alone in using this sort of opt-out arbitration program.  Many tech companies have joined, or plan to join, the "party" in requiring consumers to opt out or be subject to binding arbitration.

Opt-out programs also may be layered now that PayPal is joining the party.  It recently sent notices to its users of policy updates, effective November 1, 2012, stating:

"You will, with limited exception, be required to
submit claims you have against PayPal to binding and final arbitration, unless
you opt out of the Agreement to Arbitrate (Section 14.3) by December 1, 2012. Unless
you opt out: (1) you will only be permitted to pursue claims against PayPal on
an individual basis, not as a plaintiff or class member in any class or
representative action or proceeding and (2) you will only be permitted to seek
relief (including monetary, injunctive, and declaratory relief) on an
individual basis."

Query whether campiagns will begin for consumers to opt out of this program?  It also will be interesting to see how these opt-outs work in tandem due to PayPal's prominence as the purchasing mechanism for sites like eBay?  

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