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Can I sue Paypal for letting someone link my bank account to…

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Can I sue Paypal for...
Can I sue Paypal for letting someone link my bank account to their paypal account and stealing money from me?
Submitted: 1 month ago.Category: Legal
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Answered in 6 minutes by:
1/8/2018
Lawyer: Bill Attorney, Lawyer replied 1 month ago
Bill Attorney
Category: Legal
Satisfied Customers: 1,754
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your legal question today. I'm attorney Bill assisting you.

Cyber crimes can be reported to the California Cyber Crime Center and attorney general's office :

https://oag.ca.gov/report-crime

https://oag.ca.gov/c4

In relation to your dispute with the payment service provider you can file a consumer complaint or a criminal complaint above.

Consumer complaints are also handled by the attorney general's office.

You could sue the company in civil court if their actions have cause you financial loss and consequential damages, including emotional distress as a result.

This would be a civil suit in the Superior Ct alleging negligence and breaches of consumer law.

We are here to help so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before exiting today.

Best

Attorney Bill

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Customer reply replied 1 month ago
Under what grounds is Pypal liable in Civil Court as the vehicle for allowing this to happen?
Lawyer: Bill Attorney, Lawyer replied 1 month ago
They can be liable if the fraud was due to their end of things in relation to fraud detection rather than attributable to your actions.
If they were partially negligent it may be possible to sue them on a prorata responsibility basis.
It's cerrainly not clear cut but something that be looked into by your attorney after a full consultation.
The individual themselves is someone that is both criminally and civilly liable at this stage but there can be proprtionate blame on the payment services provider.
Just a reminder to rate positively today.
Thanks
Bill
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Lawyer: Bill Attorney, Lawyer replied 1 month ago

Dear Customer ,

I recently posted a response to your question, did this answer your question ?

If you need additional support you can follow up with me attorney Bill.

Your positive feedback is much appreciated and gives me a credit for my time.

You do this by rating 5*****, 4**** or accept.

Thanks

Attorney Bill

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Customer reply replied 1 month ago
Ok, when I sue Paypal but they see that my Bank may have been able to reverse the wiring and was able to retrieve the stolen funds would this hurt my case against them? Since they could claim the funds were wired back? Or are they still held accountable to an extent beyond that since their platform was the vehicle through which I was defrauded (4 times total) and they failed to conatct me and let amounts upwards of 60k to be chanelled through their pay2pay platform?Please outline how do I go about proceeding with a civil suit against Paypal
(Ie: what kind of attorney? Any paper work I need to fillout?)I already filed a police report but am wondering what the next step is here.
I believe I have a strong case sicne the fraud is a few dollars under 70k total and I believe Paypal is civilly negligent and to be held accountable for their negligence and lack of action on this huge amount.About How long is th average litigation against a large corporation like Paypal in the state of California?Will give 5 stars for sure, you have been very helpful.
Lawyer: Bill Attorney, Lawyer replied 1 month ago

Payment services are regulated so you could report them to the Division of Financial institution.

http://www.dbo.ca.gov/About_DBO/organization/dfi.asp

In relation tot he civil suit it becomes more difficult if you don't have any financial loss as you would be suing for emotional distress; but you could sue under the theory of damage to your reputation and business under defamation statutes if you missed payments due to their negligence or breach of regulations governing payment providers.

The State Bar offers a referral service to put you in touch with the right attorney.

http://www.calbar.ca.gov/Public/Need-Legal-Help/Lawyer-Referral-Service

Looking forward to your positive feedback.

Thanks

Attorney Bill

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Customer reply replied 1 month ago
But isnt it enough to constitute “damages” that the amount was taken through their platform, regardless if it was or attempted to be wired back?
Lawyer: Bill Attorney, Lawyer replied 1 month ago

For most civil suits actual damages are needed. Sometimes there are damages per se statutes in effect without a showing of any monetary or other loss.

I suggest you get in touch with a local attorney who will advise you on your options;as I indicated defamation is definitely an option to sue under in your case. You should discuss your full options and he might send out a letter to see if they well settle your claim.

Best

Attorney Bill

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Customer reply replied 1 month ago
Im sorry just need to clarify: is it not enough to claim “damages” that the money was taken in the first place? Or are those damages “reversed” and “void” if the funds were retrieved back to my bank?
Lawyer: Bill Attorney, Lawyer replied 1 month ago

When you are suing it is for present loss so if your present loss is zero you would be looking to sue under another tort such as defamation which is a form of damages recognized by the courts.

You need to discuss your options in full with a local attorney as I indicated and sending out a letter would be a good start.

Best

Attorney Bill

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Customer reply replied 1 month ago
Is it relevant that my bank fredited me due to fraud? Would that be no present loss? K still find Paypal to be responsible and dont see how they can be covered just becUse there is no present loss due my bank crediting me.
Lawyer: Bill Attorney, Lawyer replied 1 month ago

Yes they are subject to regulation so you can file a complaint and I included a link above.

Emotional distress is a form of damages recoverable is possible as I also indicated above also.

Many attorney will only take on a case with no monetary damages if you are paying an hourly fee as your case isn't as conclusive as it would be with actual monetary loss.

I suggest a full consultation with a local attorney.

Best

Bill

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Customer reply replied 1 month ago
Does it count as no present loss if I was credited by a third party. I would think so...
Customer reply replied 1 month ago
Think not so*
Lawyer: Bill Attorney, Lawyer replied 1 month ago

You would likely proceed under one or all: defamation, loss of business/ profits, infliction of emotional distress , breach of contract.

A civil demand letter would be the next constructive step.

Best

Attorney Bill

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