PayPal adds “non-discouragement” clause to their User Agreement
paypal.com
paypal.com
If you have to add that to your User Agreement, what does that say about your service?
Also, I read that they will raise costs soonish.
English is not my first language, does this mean that by calling PayPal a "payment method" i mischaracterize it? (is it a .. payment service .. whatever?) Or does it mean that I agree not to "mischaracterize" PayPal in general because I don't like it? (then why would I offer it)
It's probably incompetence though since this can work both ways. If PayPal tried to bring legal action with this clause, the first defense one would look at is to simply respond, "Where did I say it was a payment method? The clause says I can't mischaracterize it as a payment method, and I didn't."
In any case as it reads most simply it says you can't call PayPal a payment method. I doubt that's what they really meant to say.
If it actually is a payment method (as their lawyers undoubtedly take as a given), then it limits mischaracterization to aspects of PayPal that do not involve its character as a payment method.
Only if you already believe it is somehow "not a payment method" does the other reading make any sense.
Having said that, a quick skim suggests the term is used inconsistently. Sometimes it refers to PayPal as a payment method, other times it refers to the information you enter into PayPal (ie credit card, bank account, etc) as payment methods. This is because PayPal is both a payment method itself and a wrapper service for many payment methods. For example:
Your PayPal balance, if you used your PayPal balance as the payment method or a bank account as the payment method, once the money clears the bank.
So while it is confusing, I don't think you'd get very far with the "PayPal is not a payment method" interpretation.1: https://www.paypalobjects.com/webstatic/ua/pdf/US/en_US/ua.p...
e.g. The party receiving payment ("seller") shall...
This one didn't.
There has been litigation around this routinely, including (IIRC) a US holding that says that merchants are allowed to say X is cheaper for them than Y if that statement is accurate.
Edit: that may have been reversed on appeal. https://www.bloomberg.com/news/articles/2016-09-26/american-...
1. Competing card companies offer much better cards than they used to, and include benefits that only Amex used to provide. For example, Visa Signature and Mastercard's competing product offer return coverage, extended warranties, free rental car insurance, etc.
2. One of the main draws of accepting Amex was that Amex's customer base was more affluent than that of other card companies, but that is no longer the case, partly because of #1.
3. Amex lost the Costco deal. That's a loss of a great deal of credit card fees, and 10% of Amex cards were the Costco card.
The court case was also seen as a blow, but maybe not if it got reversed on appeal. In any case, there are plenty of other problems for Amex to worry about.
http://thepointsguy.com/2016/01/maximizing-amex-platinum-in-...
I'm old and busy; I'll pay for covenience in life, which is why I've kept the card up to this point.
EDIT: Almost forgot: I have had the need to pay for a friend to be airlifted out of a central american country due to a medical emergency, and Amex was the only card willing to auth a low five figure amount with just a phone call to pay the helicopter fee. I have yet to find another financial provider who'll do that.
For many people traveling and eating out, the 4.5% will easily cover the $130 expense and so you easily make up the yearly fee.
I have a Barclays Aviator (old US Airways, now American Airlines) card, and although it has a $195/yr annual fee, I get $100 back for renewing my Global Entry card. This is in an addition to free checked baggage on American Airlines flights and group 1 boarding.
I usually fly enough that it pays for itself with the bag fees alone. The extra 1 year warranty on purchases has also saved me as well.
Chase reserve is 300 back in "travel" expenses which include parking/tolls/flights/uber. Assuming you have any of those expenses, it's a 150 card. Redeeming points is 1.5x more value if done through the reserve, travel/restaurants give 3x points. If you spend 4k a year on restaurants/travel, you'll break even.
So why get it if I have to spend >4k to break even? Because there is (was?) a 100,000 point signup bonus worth 1000 dollars cash or 1500 dollars in flights/more if transferred for a ticket. I'll break even on the yearly fee just from flights that I'm taking so it's 1000 dollars for "free".
If you're a chase ultimate rewards user, you should have the csr for the 1.5x redemption. If you like free money, you should have the csr and meet the spending requirement for the bonus.
By fiddling with credit cards, I'll save over 3k this year while traveling. There are people who do far, far more.
The important thing is that we're not going out of our way to justify the cards, we're simply operating our household expenses the same way we would be on a $0 card.
The difference is we use our points to buy everyone in our family pnice Christmas gifts, can get pre-sale access to shows/concerts (that is admittedly underutilized now that we have three kids), access to airport lounges, double up on hotel points, get discounted airfare upgrades, and things like expense categorization in the web portal. We get frequent discount offers for things we normally purchase, instant alerts for weird transactions that I can handle from my phone.
For us it pencils out. For someone or a family without the recurring expenses we have and doesn't travel very often, it wouldn't be worth it.
For people who travel a lot, for example, an annual travel credit + Global Entry fee covered + lounge access + redeemable points from spending on the card provides much, much more than $450 in value. Back when I flew more than I do now, several of the available cards had returns for me well above the cost of their annual fees.
[+] Cost of customer acquisition in credit cards is $250 on the low end.
Interesting. Would you consider it feasible to do so for a card you don't have yet (i.e. obtaining a new card without its associated annual fee), or would you only consider that plausible as an existing customer of such a card?
And does that apply to the large vendors (such as Amex or Chase), or only to smaller ones?
I am unaware of any CC issuer in the US of any size or segment which, as a matter of policy, refuses all requests of this matter. It comes down to policies and often a judgment call by a line cSR.
Since I switched a while back from flying American to flying Delta, I looked into getting Delta's branded card, which is Amex... except my current apartment doesn't take Amex for rent payments. So I'd be unable to hit the thresholds to make the card pay for itself.
I know sellers sometimes try to do the same thing with credit cards, charge extra fees to credit card users.
If you have to pay me cash, then I just make more on that transaction.
Let's say I sell trinkets for $10/each online. They are nice trinkets, but no one really needs my trinkets. No one is going to send me a money order in the mail for a single trinket for $10. Basically, there is no online market at all, unless I can make it easy to buy my product.
But if I charge $11/each and accept Paypal (or credit cards in general), I now have a real market for my trinkets. People like my trinkets, so they will gladly click on a Paypal icon and send me the money that way.
Now my trinkets are somewhat popular. A couple times a year someone stops by my workshop and asks to buy a trinket in person. I still charge them $11.
I can just see it now: "PayPal is not a legitimate payment method! If you doubt this, see their Terms & Conditions where they explicitly state that you may not 'mischaracterize PayPal as a payment method.'"
Someone did a really crappy job of phrasing.
Legal work is an area of life where one should not apply Hanlon's razor by default. Not one comma or period in that work went unscrutinized by highly compensated executive talent at PayPal and any ambiguity you find is deliberate. Assume malice.
My wife is a mid-tier firm attorney in (a field). Any contract generally has a low-level associate take a pass at the material, which she then scrutinizes, polishes, etc. and then shares with her supervising attorney, who also scrutinizes and polishes. This is then shared with the client, who has their own staff to scrutinize, who are relevant executives, content experts, and often in-house attorneys of their own.
Several iterations of this cycle are the bare minimum. Because this process involves low-tier associates being taught by upper level attorneys, the "basic" stuff that top experts take for granted gets scrutinized and explained, as well, so even the parts you think of as "stock components" are being carefully looked over and considered at length.
There isn't a single word in those contracts that hasn't been reviewed by at least a half-dozen experts.
In fact, we do not get to see the actual changes to the legalese until they go into effect, or that's how I'd read the current agreement (emphasis added by me): "We may amend this user agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the user agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days’ prior notice by posting notice on the Policy Updates page of our website."
So apparently we get to see vague and/or possibly misleading summaries and make our decisions based on those, but we do not get to see the actual text prior to deciding. I originally had hopes that we'd get to see it around the end of February (~30 days before it goes into effect), but the statement I italicized above indicates that we don't.
At the time I was young and stupid and idealistic and principled enough to waste a lot of time suing Paypal and the collections agency in small claims court (suing anyone in small claims court can be a pretty bad idea, even if you are technically in the right: https://jakeseliger.com/2010/08/28/dont-rent-an-apartment-fr... , if your time and attention are worth anything). Still, I did definitely, definitively learn that you cannot trust and should not use Paypal.
CC is more cumbersome, because I don't want to give my primary credit card info for random merchants and creating new virtual card takes a few steps.
Every once in a while, I look into alternative services. So far, PayPal is the only service that lets me run my business using a static web page. They provide the checkout system and handle the card payment for me.
If I use Stripe, I have to create and maintain some kind of active server to process the transactions. With other services, there's always something that makes it onerous to use.
In the long run, I think the buyer protections are more of a benefit than a risk to me. They reassure the customer that I won't screw with their credit card number, or just vanish overnight with no recourse to them.
Note that as a manufacturer, my cost-of-goods is a small fraction of the selling price, so my risk is less than someone using PayPal for a pure cash transaction such as getting paid for work. Also, a physical good that can be returned kind of sets the bar for any customer who wants to hassle me.
So far, the only disputes I've received have been when somebody orders my gadget by accident, and enters a dispute so I can cancel the transaction.
Getting paid with STRIPE is better now. WHAT a damn hassle! I got the buyer on the phone with PayPal. PayPal said to me only thing I can do I is refund the last 4 invoices and get paid outside PayPapl. Buyer said there is NO issue at all we are very happy with seller services. They said to the buyer: "there's nothing you did or can do". PayPal told me "they'd hold my bread for 180 days", then for 90 days, OR I can refund the 4 invoices. Each time I called I spoke to someone different.
They said it was their system's fault, not mine or the buyer, the buyer made no claims at all.. Luckily, the buyer was cool enough to help me. I had to call PayPal each time to do a refund. Lift HOLD, refund, with them on the phone, repeat. What a damn HASSLE!
I set up Stripe the next day and it's all good to go now! Good luck with PayPal. They can hold your shit without informing you and you can't do jack shit. And I had people to pay! I am kinda pissed but happy I got all of my invoices paid. Does this mean I can't write a blog post about what happened to me? Maybe this type of shit is normal with PayPal.
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If you'd like to write a blog post, feel free to reach out to me for editing help. Email in my profile.
PayPal is notorious for this kind of thing, obviously to anyone who's been around relevant online forums for a while, but then PayPal is also the 800lb gorilla of the online payments industry so it's hard to assess how representative the nightmare stories really are. I don't know enough about the parent poster's story to offer an opinion, but I've seen plenty of vitriol directed toward PayPal from other merchants whose accounts were frozen but who subsequently turned out to have been clearly in violation of reasonable PayPal terms and either hadn't read those terms or had read them but hoped no-one would notice the prohibited behaviour.
I've also heard nightmare stories about many other providers, including about the shiny new startups of recent years. But again, without knowing the context and the overall scale of their businesses, it's impossible to make any objective judgement about how likely it is to happen to you if you're a merchant who is just trying to collect payments and does nothing wrong.
For this reason, it's generally required either that you do out of bound methods to help verify your identity (i.e. show us a picture of your ID and we will make sure it matches your Paypal name after you pay us), and/or that you have a lot of reputation within whatever community you're working from.
If you do this verification wrong as a merchant, you will find yourself charged back with absolutely no recourse after you have only sold to a few customers. I've seen this happy many times, sometimes with $10 and sometimes with $1,000. Even if you do this verification correct, you can still find yourself charged back with no recourse, so it's advised not to do this with large payments or sketchy customers, especially in the area of virtual goods. This is also commonly done in areas wiht donations, such as Twitch donations of thouands of dollars being charged back after the sender has already recieved their desired reaction/fame/etc.
Given what I have seen, I read this clause as a requirement that you are not allowed to fairy inform users about the risks of Paypal, and depending on how this requirement is enforced, it could mean the end of Paypal as a method in the virtual goods area, as new methods like Bitcoin slowly take over due to the lack of chargebacks.
If customers knew how much they were actually paying to these card companies indirectly (thousands of dollars a year) most people would switch to cash
They even fee cash and coin deposits. I have never had a bank charge a fee for cash (or coin) deposits.
We are changing the standard transaction fee for sellers selling goods or services online to buyers outside the U.S. from 3.9% to 4.4% plus the existing fixed fee based on the currency.
They're their own worst enemy.
Does this not mean that any bricks'n'clicks business has to offer Paypal at their physical counter? And that they can't levy variable card processing fees, at least not where the fee for Paypal is higher?
The strategies that built paypal were in line with the ebay ethos.
eBay's "Buyer Protection" is a superset of the former Paypal-centric coverage such that if a buyer initiates a return against a seller, eBay can choose to make that buyer whole by charging the credit card you use for your eBay seller fees and memberships (if any), regardless of payment method used by the buyer.
Things I have actually seen myself:
* Charging a fee to use PayPal that is not charged otherwise.
* Modal dialogs before PayPal describing PayPal as slower / riskier / less customized / etc.
* Disallowing PayPal for certain items.
I'm sure there are a lot of others. As patio11 mentioned in a comment below, this sort of boilerplate is common for Payments and I don't see it as unreasonable to ask for equal treatment to be given.
I don't know a single commercial seller that once offered or still offers paypal payments and doesn't have a horror story that resulted in serious financial and operational trouble for them.
PP could introduce this if they had a good image. Right now it's considered by many to be the ... Oracle of payment processing.
It's blatantly clear that PP existed with nearly no competition for many years.
If the service was equal, I doubt you'd need to ask - those discouragements likely only exist because PayPal is a more risky and/or costly payment method for the seller.
* Paypal charges the merchant more (in terms of fees in some cases, holding funds, and time wasted dealing with PayPal's nonsense), so why wouldn't they inform customers of this? If you have a loyal user base they would want more of the money to go to the merchant with less friction, not PayPal.
* Paypal is slower/riskier/less customized, etc. Have you done a checkout on PayPal recently where you didn't have a PayPal account? It sucks.
* Disallowing certain items is absolutely necessary. PayPal can (for no reason at all) allow customers to hose the merchant, and often it can be much more annoying to get a refund even when the merchant seems to want to provide one.
So yeah, when the service offered is equal, maybe we can discuss equal treatment, but until then people should be recommending their customer's don't use PayPal if they don't have to. The alternatives are lower cost, easier to use, more customer/merchant friendly, and generally more enjoyable to use.
I've gone my entire life without creating a PayPal account (even when I have to use it as part of the checkout process) and I see no reason to change that now or ever.
So, in your opinion, equal treatment means that you have to sell broadly similar products from different manufacturers at the same price? So, Porsche could require that you sell their cars at the same price as a Fiat, even though you have to buy it from them at a much higher price than what you pay for the Fiat?
How the fuck is it not obvious that paypal gets treated differently because it is fucking different? Do you seriously think that merchants make up such rules arbitrarily? That it's not maybe that paypal is expensive, so they do the only thing that's fair: They charge the person responsible for the increased costs those increased costs? That it's not maybe that paypal lets itself be used for fraud much more easily than other payment methods in some scenarios, so merchants aren't willing to take that additional risk?