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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Hi - what seems to make this situation unique is that PayPal

Resolved Question:

Hi - what seems to make this situation unique is that PayPal verbally advised me to ship the item despite the fact that the mailing address was different than the confirmed address on PayPal (they also confirmed during that call, that the call was recorded).

I acted as seller of a Canon camera lens on Ebay. On October 15, 2012, the buyer purchased the lens via the "Buy it Now" option and immediately paid the full price of $2,100 (+ $6.30 for shipping) via PayPal.

On that same day, the buyer sent an Ebay e-mail requesting that the item be shipped to the following address:

XXXX
XXXX Franklin Blvd Apt 116
Elk Grove CA 95758

I indicated that since that address did not match what was on PayPal's records, I was going to ship to the address on record with PayPal (see verified address below):

XXXXX
XXXX E SILVER ST
Tucson, AZ 85719

The buyer indicated that he was out of town and would not be able to accept the item at the Arizona address and indicated he would cancel the transaction if I could not ship to the California address.

Not sure what to do next, I phoned PayPal on October 16th and talked through the situation. The advice I received from PayPal was to ship the item to the address requested by the buyer - despite the fact that it was differed from the verified PayPal address.

With this confirmation from PayPal, I shipped to the California address on October 17th , insured, and with signature required. The item was delivered and signed on October 19th by "XXXXX" (same name as the buyer).

I would NOT have shipped this item to this address without PayPal's confirmation. The representative at PayPal indicated that our conversation on October 16th was recorded and could be leveraged if there were any issues.

On November 7, 2012, I was notified by PayPal, that the buyer filed a chargeback and asked his credit card company to reverse the payment to me due to his claim that the "purchase was made without authorization to use the credit card".

I provided PayPal the proof of shipment, but to my surprise and dismay, on February 8th, I was notified by PayPal that the credit card company decided in favor of the buyer and that I need to immediately pay back the funds into my account.

I was informed today, February 25th, by "Lashawn" in "Risk Operations" at Paypal, that my account has been referred to collections.

Let me repeat, I would NOT have shipped this item to this address without PayPal's confirmation. The representative at PayPal indicated that our conversation on October 16th was recorded and could be leveraged if there were any issues.

The amount that I lost on this transaction ($2,376.68) is made up of the following amounts:

$2100 (sales price on Ebay)
$6.30 (shipping on item)
$189 (sales commision paid to Ebay)
$61.38 (commission paid to PayPal)
$20.00 (fee on chargeback paid to PayPal).

Thanks for any insight.
Submitted: 1 year ago.
Category: Business Law
Expert:  MShore Law replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. Did you obtain a copy of the recorded conversation? If not, do you have any evidence of PayPal directing you to ship to the CA address?
Customer: replied 1 year ago.

I currently do not have a copy of the recorded conversation (is that something I can legally request?). Outside of that, I do not have any evidence.

Expert:  MShore Law replied 1 year ago.
Yes, you can and should request it. Without evidence that you were acting at PayPal's direction in sending the item to CA, you do not have a case. Please let me know if this does not answer your question or if you have any follow up questions. If I have answered your question, please positively rate my answers.
Customer: replied 1 year ago.

Before calling, are they able to charge me for this request?

Expert:  MShore Law replied 1 year ago.
Yes, they can charge you a nominal sum to make a copy of the recording and send it to you. The amount they charge cannot be punitive though (e.g. $1000 for what reasonably should cost $10).
Customer: replied 1 year ago.

In your professional opinion, if the PayPal agent clearly advised me to ship the item to the unverified CA address, do I have a case?


 


I put the request in to get a copy of the conversation. They also indicated I can submit a subpoena to receive the 3rd party credit card contact information. Not sure if I have any chance of resolving directly with the credit card company of the buyer.


 


Thanks.

Expert:  MShore Law replied 1 year ago.
Yes, assuming you can prove that the PayPal agent told you to ship the item, in that instance you would have a case.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
MShore Law and 5 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Good news - PayPal has just informed me that they reviewed my case and have credited me back the full $2100 with the caveat that this is a one-time courtesy and ensure that shipments are only made to verified addresses going forward. Works for me!


 


Thanks for your help.


 


Note - they did not send me the recording of the phone conversation.


 


 


 


 

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