CA communicating by E-Mail - Page 2

apexcrsrvc · 01-06-2008, 05:15 PM

Stupid question but, is I.C. Systems reporting on your credit reports Jay? If not, I'd probably send the FDCPA validation request and maybe a FCBA or FACTA communication to PayPal and let it ride.

If it comes on the reports, then escalate.

As for the U.C.C./merchant argument, we would be giving defense attorney's far to much credit if we actually thought they may pick up on this. Most wouldn't.

spinn · 01-06-2008, 09:02 PM

Jay if memory serves, you must upgrade if you either pay through paypal using a credit card, or receive payments from people using a credit card on paypal.

Enigma · 01-07-2008, 12:56 AM

Quote:

Originally Posted by hannah

I disagree. Unless Jay has a business account with paypal and is operating a store on ebay, it is still a consumer debt between Jay and paypal as he is a consumer of their services.

Enigma, perhaps I am missing something here but how can it be a business transaction?

The underlying transaction does not met the definition under 803.

Jay offered an item for sale, Jay did not purchase an item that is enumerated in 803.

However, if Jay were to go after the purchaser, the purchaser may have protection under 803 since it was a lamp.

Jay does have recourse against PayPal, just not under 803.

Jay if it is reporting, you have recourse under the FCRA in light of Pintos v. PCA.

apexcrsrvc · 01-07-2008, 02:48 PM

I would hate to run into you across the table . . .

You're a far more worthy adversary than anyone we've encountered (except Jones-Day). I'm just not kissing your butt here either, most defense counsel never even looks at the language other than what we include in the Complaint. I suppose they're too busy billing for inapplicable discovery.

Enigma · 01-07-2008, 08:48 PM

Jay,

Couple of options, your COA may include breach of contract, fraudulent conversion, wire fraud, and if it was shipped via the US Mail, then you have mail fraud. But most of these you would need to show intent.

You would need a PayPal and Ebay history on the buyer.

Since it was an "e-check" I am not sure if an unlawful stop payment order is a COA. Since it was an electronic transaction, UCC may not apply but Regulation E would.

The courts swing both ways when it comes to jurisdictional matters. Look up the stop payment laws in your state and the state of the buyer, if different than yours.

I would file a police report for theft or grand theft (value?) in both your community and that of the buyer. Further, if it was shipped via the US Mail, then file a report with the Postmaster General in your community.

Before doing that, write both CMRRR and non-CMRRR the buyer. Inform the buyer you fully intend to take this to it logical conclusion. Since most of this would federal, the buyer is looking at numerous felonies and possible time in club fed.

Enigma · 01-07-2008, 08:59 PM

Quote:

Originally Posted by apexcrsrvc

I would hate to run into you across the table . . .

You're a far more worthy adversary than anyone we've encountered (except Jones-Day). I'm just not kissing your butt here either, most defense counsel never even looks at the language other than what we include in the Complaint. I suppose they're too busy billing for inapplicable discovery.

Thanks for the kind words.

If you can pick apart opposing counsel Complaint, ie all elements not plead, or improperly plead; you can turn a lawsuit around. Either by direct dismissal or through negotiation.