As mentioned in June, Chris Moneymaker originated his lawsuit against PayPal on the premise that the company unfairly seized his fantasy football funds and then confiscated said funds after a secret investigation. The entire process lacked transparency, and as discovered, PayPal had done the same thing to people in all types of businesses – from charities to small businesses – for varying reasons. PayPal may have pushed the “gambling” allegation on Moneymaker, but thousands of others had similar stories about seized funds to tell.
By the time PayPal realized that a broad swath of people was upset about similar experiences, PayPal released the $12,228.55 back to Moneymaker.
“We’re all good now, right?”
Sorry, PayPal, but enough people had contacted Beverly Hills Attorney Eric Bensamochan to file a lawsuit and request class action status. And one of the three lead plaintiffs in this case was PLON founder Lena Evans. She lost nearly $27K from her PLON retail business when PayPal confiscated that money in May 2021.
Not Going Away Easily
The first ruling in the case came on June 2, 2022. Judge Beth Labson Freeman of the San Jose Division of the US District Court of Northern California ruled in favor of PayPal. The company had required every PayPal user to sign a lengthy and complicated user agreement when signing up for their original accounts. That user agreement compelled arbitration in any such cases, So, Judge Freeman granted PayPal’s motion to compel arbitration and dismissed the case without prejudice.
Immediately, Bensamochan filed an appeal to the Ninth Circuit within just a few weeks.
In fact, they did more than that.
The plaintiffs, represented by Bensamochan’s firm in coordination with Schreiber & Schreiber, established a new way for people around the world to join the fight. They revealed a way for people to express their desire to join the lawsuit via a blockchain token that allowed people to become a party to the filing but at no cost. The plaintiff pool was too large for arbitration, and their attorneys decided to show that by the sheer number of people with complaints.
We promised we wouldn't stop fighting! So we found a new way.
For everyone looking to be apart of the mass-arbitration against PayPal, please sign a Contribution Agreement Form. Additionally, you will need to set up an OpenBlock Wallet.
Instructions:https://t.co/XfK025Yj3z
— Eric Bensamochan (@BensamochanFirm) September 21, 2022
That website is no longer live, but thousands of people had already signed the petition.
Welcome to the Table, Amazon
The latest move by the plaintiffs came this week, as the Bensamochan Law Firm announced that it and its partner firms initiated a mass arbitration initiative against PayPal…and Amazon.
News began to emerge in recent months that Amazon had been suspending seller accounts for transactions it deemed suspicious or in violation of some internal policy. The onus was then put on account holders to appeal the suspension, during which time their accounts and inventory of products remained frozen.
According to Bensamochan, Amazon’s practice was similar to that of PayPal, one that takes advantage of users by holding their funds without due process or transparency. And small business owners working with Amazon, just like those dealing with PayPal, usually lacked the funds to pursue legal action to retrieve their seized funds.
Bensamochan noted that more than four thousand people had joined in the legal action as of October 13. And the aggregate claim had already exceeded $7M.
“In working with our partner firms,” he told us, “we uncovered similar conduct by Amazon.com whereby Amazon is seizing funds from its sellers for alleged violations of Amazon’s internal policies. The Bensamochan Firm and our partners take any theft of people’s hard-earned money various seriously, and we will continue to bring the fight to those who think they can operate this way with impunity. We also want to thank Chris Moneymaker, Lena Evans, and everyone in the community who have shown us support!”
How to Join
Bensamochan’s latest announcement asked for victims to join the mass arbitration. The website Justitia Dao details the project.
In fact, there are two ways to get involved, both from the website’s page of projects.
Those who are cross-border e-commerce sellers on Amazon with frozen funds may apply to become a part of the lawsuit. Amazon must have rejected their refund requests and cleared their accounts. In addition, those with funds seized by PayPal may also apply, though not if still in the 180-day waiting period.
Remember to upload your Gnosis/ xDAI wallet address to our Contribution Agreement Form page. If you are having trouble setting that up, here is a step by step guide on how to do it.https://t.co/rBrp6oEmv2
— Eric Bensamochan (@BensamochanFirm) October 12, 2022
