Hacker News new | past | comments | ask | show | jobs | submit login

So, FWIW, specifically about your #1, this change also states that PayPal cannot sue you either. It also states that this arbitration, apparently in either direction, will reside in your county: this will not happen if you choose to sue PayPal, as you will both be dragged to Delaware.

In fact, what you often actually want out of such court actions is to get everyone to agree to arbitration, as it will be faster and cheaper: it ends up being common to use continued presence in court to simply ratchet up the fees until the other guy breaks down and agrees to arbitration.

For a normal person, the result of this would then suck: attempting to sue PayPal will be extremely expensive, will involve having lawyers in Delaware (and possibly having to go there yourself), and, best case, is going to end up in arbitration anyway... bothersome enough to just be prohibitive.

Meanwhile, for a normal person, you are dealing with small amounts of money; the result is that you will likely be attempting to use small claims court anyway, and this policy change continues to let you (and not PayPal!) do this. The limit on small claims court in Delaware is one of the highest in the country: $15,000.

That said, I agree that this is pretty crummy: we have our legal system setup the way it is for a reason (although, in practice, it ends up being often quite broken). I am seriously going to consider opting out of this; but, in the end I believe that I may actually just determine it is beneficial for me and accept it.

Also, the change that prevents you from being part of a class action lawsuit sucks (but, /that/ said, class action lawsuits normally involve individual participants getting a few dollars... it is hardly worth it for most people to bother being part of a class action).




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: