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 wupi
 
posted on December 20, 2001 01:59:28 PM new
A deceptive "seller" mewsoft.com sold me an "auction software" for $199. The "auction software" turned out to be some worthless bundle of junks. I immediately notified PayPal about the fraud. That was around December 5, 2001. Now PayPal said the money has been emptied from that "seller"'s account. Since it takes 3-4 business days for PayPal to allow money transferred out, that excuse is a little too late.
<br />

<br />
I sent PayPal a Texas DTPA letter which requires me to wait 60 days before filing the suit. I intend to do that if this case doesn't get settled.
<br />

<br />
Apparently PayPal was not happy with my complaint, it froze my account and cancelled my $ transfer request. I was furious and immediately started drafting a lawsuit against PayPal. Charles of PayPal called to explain the restriction, what good timing, and we managed to get the restriction lifted.
<br />

<br />
However, there is still another account that PayPal froze on me for many months now and if the restriction is not lifted soon, I will still proceed with this lawsuit. PayPal claims it offers money transfer services. It charges like a bank, provides $100,000 insurance, and yields interest like a bank, but avoids the banking law. That issue also needs to be examined.
<br />

<br />
Patrick Wu
<br />

<br />
-- Original Message --
<br />
I plan to file a lawsuit in Texas against PayPal in the next 14 days. Is anyone interested in sending me his/her own affidavit (facts only please) that I may be able to use or to help with the discovery? If so, please send it to:
<br />

<br />
Patrick Wu
<br />
2314 Ferguson Lane
<br />
Austin, Texas 78754
<br />
(512)927-2226
<br />

<br />
You are welcome to join me in the lawsuit against PayPal.
<br />

<br />
Patrick Wu
<br />
[email protected]
<br />
<br />

[ edited by wupi on Dec 20, 2001 02:07 PM ]
[ edited by wupi on Dec 20, 2001 08:30 PM ]
 
 lovepotions
 
posted on December 30, 2001 11:24:25 PM new
I am familiar with mewsoft.........I found their auction software through their website and was almost going to be a paying customer.......to the tune of $600+

I emailed them since they said they could customize this software to suit the customer so I asked a couple of questions. After no response I emailed them again.

I got a one line response......

our email service has been down for a week or something like that

so they obviously got the email so ANSWER THE F***ing question then

I gave them another chance and emailed them again.....remember now I am ready to fork out the $600+ because I really liked how their software looked and their admin controls. Maybe they had real email troubles.

whatever

The people who answered weren't all that nice. A week later I saw them selling it on Ebay for $50 not the $199 you bid. This was about a year ago. They had some negs but they are gone now.........

I tried to check out their site again.............gone now also some of the other ones they had running.

It was a nice package when I was looking at it. The demo for the admin panal was great.

But that was then and from what I have seen lately it went downhill and probably mismanaged.

Have you contacted mewsoft directly?


http://www.lovepotions.com
 
 wupi
 
posted on December 31, 2001 06:52:34 AM new
Mewsoft did not exist. What you saw was a mirage, a demo it created to defraud people like you and me.
<br />

<br />
Another buyer of its "auction software" told me it found "spyware" in the "admin tool" to send the admin password back to "mewsoft." What a group of con-artists preying on unsuspecting customers!
<br />

<br />
I have sent "mewsoft" web site owner who happens to be the paypal payment receiver:
<br />

<br />
Domain Name: MEWSOFT.COM Administrative Contact: elsheshtawy, ahmed [email protected] 801 Gate Lane, Suite 207 knoxville, TN 37909 US 865-450-3467
<br />

<br />
a certified letter informing him a Texas DTPA lawsuit will be filed against him and his company. So far he has refused to receive the certified letter. The 60-day clock is still ticking whether he receives it or not.
<br />

<br />
eMail contact with him receives only rude responses, so I am taking the legal action. It will be my tool to bring PayPal into the lawsuit in Texas without going to the California court as a co-defendant. Venue if proper for one will be proper for all.
<br />

<br />
Mr. Ahmed Elsheshtawy is a student at one Tennessee university. I suspected him working in violation of his student visa and have already informed the admissions office at his school and the INS.
<br />

<br />
If more people are interested in the legal saga of this case, I will keep posting info here.
<br />

<br />
Patrick Wu
<br />
At 11:24 PM 12/30/2001 -0800, you wrote:
<br />
http://www.auctionwatch.com/mesg/read.html?num=10&thread=3431
<br />
posted by: lovepotions
<br />

<br />
I am familiar with mewsoft.........I found their auction software through their website and was almost going to be a paying customer.......to the tune of $600+
<br />

<br />
I emailed them since they said they could customize this software to suit the customer so I asked a couple of questions. After no response I emailed them again.
<br />

<br />
I got a one line response......
<br />

<br />
our email service has been down for a week or something like that
<br />

<br />
so they obviously got the email so ANSWER THE F***ing question then
<br />

<br />
I gave them another chance and emailed them again.....remember now I am ready to fork out the $600+ because I really liked how their software looked and their admin controls. Maybe they had real email troubles.
<br />

<br />
whatever
<br />

<br />
The people who answered weren't all that nice. A week later I saw them selling it on Ebay for $50 not the $199 you bid. This was about a year ago. They had some negs but they are gone now.........
<br />

<br />
I tried to check out their site again.............gone now also some of the other ones they had running.
<br />

<br />
It was a nice package when I was looking at it. The demo for the admin panal was great.
<br />

<br />
But that was then and from what I have seen lately it went downhill and probably mismanaged.
<br />

<br />
Have you contacted mewsoft directly?
<br />

<br />

<br />
http://www.lovepotions.com
<br />

<br />
Click the following link if you no longer want Email Notification for this thread:
<br />
http://www.auctionwatch.com/mesg/unmail.html?f=10&t=3431&i=769400&r=3cf928
<br />

<br />
If clicking the link does not work, copy and paste the link into your browser.
<br />
--
<br />
Patrick Wu<br />
[ edited by wupi on Dec 31, 2001 07:00 AM ]
 
 stopwhining
 
posted on December 31, 2001 09:13:31 AM new
i thought paypal does not get involved in content or quality issue??


 
 wupi
 
posted on December 31, 2001 09:34:36 AM new
PayPal likes to claim everything whoever complains about is a content or quality issue. Unfortunately, it's not that simple, since PayPal is in the money laundering business. PayPal believes in making money but bares no responsibility of any sort. That will not happen.

I take it "stopwhining" is the resident PayPal monitor? If so, it's time to take notice, because the lawsuit WILL be filed once the 60-day count-down is up.


At 09:13 AM 12/31/2001 -0800, you wrote:
http://www.auctionwatch.com/mesg/read.html?num=10&thread=3431
posted by: stopwhining

i thought paypal does not get involved in content or quality issue??

 
 stopwhining
 
posted on December 31, 2001 10:55:59 AM new
i am not associated with paypal or billpoint or bidpay or ebay,i just read these posts regularly.
read past posts on numerous buyer/seller complaints of items not described.
i have been on ebay for 6 years and i have noticed the quality of items listed have really deteriorated,it seems the one way to make a decent profit on ebay is to find something for free (dumpster) or buy at liquidation,returns,refurbished sites.
some dont even have anything for sale,they just list a photo and disappear with your money.
read past posts,you are in good company.

 
 tomwiii
 
posted on January 1, 2002 08:37:13 PM new
You got de-frauded by a crook! But...what does that have to do with PayPal?????

 
 wupi
 
posted on January 1, 2002 09:09:12 PM new
That is likely the argument PayPal will use in court.

I have a few theories: consipiracy, money laundering, aiding and abating, etc. Since the trial is not by ambush, I will say what I plan to argue.

When you shop by credit card, the credit card company, being a good corporate citizen, typically takes complaints, investigates, charges back, or charges higher rate or revokes the merchant's account when there are too many complaints. Somehow when you use credit card to pay PayPal, and then PayPal pays the crook, all of a suddent the responsibility disappears. Make any sense? Of course not! PayPal gets into credit card company's shoes, takes away the percentage as its earnings, but without all the responsibility? What a terrific idea! It doesn't happen that way.

The fact is the money was paid to PayPal on December 4, 2001, and on December 5, 2001, I informed PayPal about the fraud. Given that it takes 3-4 days for money to be transferred out of PayPal, as is required by PayPal, it has plenty of time to freeze that portion of the money until the investigation is over. Unfortunately, PayPal is so used to its boiler plate response of "we are not responsible for quality issues," it ignored its corporate responsibilities. It simply told the recipient that "here is your money (wink! wink!), we cannot be responsible for quality issues (wink! wink!)" because it did not want to offend the crook and ruined its chance of providing more services (i.e., aiding and abating) to and therefore earn more fees from the crook.

PayPal would like to take the place of credit card companies but without any of their responsibilities, and we will see whether the court will agree to that argument. If there is any legal precedence or black letter law on this, I am all ears.


 
 tomwiii
 
posted on January 2, 2002 05:10:39 AM new
IOW: you want PP to be responsible for ALL transactions?

If anything, PP should get rid of the BUYER & SELLER PROTECTION PROGRAMS!

PP is great for sending a few bucks for a bb card, etc! In order for them to follow your scenario (responsibility for all quality disputes) they would have to charge a fortune for every transaction!

When you pay by check and get de-frauded, do you go to your bank and "money-laundering?"

 
 stopwhining
 
posted on January 2, 2002 07:36:31 AM new
this paypal quality and content issues have been discussed over and over again in past threads,not just software but shoes and boots and dolls etc etc.
if the seller said this is a great piece of software and produced names of customer who testify how true it is (it could be his mother in law or kids),then pappal or any middle man will have to designate a staff member who is well versed to judge what kind of software involved and come up with an opinion,and that opinion may not be accepted by either buyer and seller?
most customer service people are just phone operators with some training,they are not experts in antiques,hardware,software etc.
to go outside their organisation and hire a software expert could easily cost a few thousand dollars,does it make business sense to you??
have you tried returning the software and do a chargeback with your cc issuer?get a signed receipt with your return.
best is to use fed exp or ups.

 
 wupi
 
posted on January 2, 2002 07:55:05 AM new
Comparing paying by check and paying by credit card is just STUPID. Your bank did not take 3% off the merchant for receiving the check. From now on only intelligent arguments will get my response.

 
 tomwiii
 
posted on January 3, 2002 03:24:44 AM new
Booga...booga...booga!



 
 wupi
 
posted on February 14, 2002 08:17:04 AM new
The Suit against PayPal et al has been filed and the citations have been served. If you are interested in the paper filed, please call or write the District Clerk, Travis County Courthouse, 1000 Guadalupe, Austin, Texas 78701, to get a copy of the suit or other documents filed. Make sure you include the proper amount of $ for the copies you will request. The cause number is GN200426, Patrick Wu v. PayPal, Inc. and Ahmed Elsheshtawy, in the District Court of Travis County, Texas, 200th Judicial District.
 
 fnewbrough
 
posted on February 14, 2002 03:16:35 PM new
One key feature of Paypal's advertising is easy, secure, instant transactions. They also mark users as verified and allow users to link bank accounts and credit cards where the account holder's name and address is different than the one registered with Paypal. I found this out the hard way. It seems that Paypal by designating users as "verified" is facilitating fraud by encouraging a false sense of security among its sellers and users. I for one think that the best way to combat fraud would be require a more lengthy process of verification for sellers and buyers one that verifies the addresses and names on the credit and bank accounts. Instead Paypal trys to play cop after the fact when they are partly responsible for allowing individuals to register stolen credit cards and such and mask themselves as verified users. Most of us here who complain about Paypal used to love the company, it wasn't till we had our false sense of security shattered through either being scammed and or receiving little or no support from Paypal in determining why our accounts have been frozen without recourse.

 
 dealerjim
 
posted on February 15, 2002 05:53:17 AM new
Amen brother.....

 
 cegore
 
posted on February 15, 2002 08:59:20 AM new
Please note that PayPal's verification system does not constitute an endorsement of a member, nor a guarantee of a member's business practices. You should always consider other indicators when evaluating members, including length of PayPal membership and reputation scores (on eBay or other auction sites, if applicable).


The Confirmed Address is checked against the credit card billing address maintained by the buyer's credit card company. Shipping to this address minimizes the risk of being paid by a fraudulent buyer

So neither of the above statements are true?
 
 fnewbrough
 
posted on February 15, 2002 02:36:36 PM new
cegore said

"The Confirmed Address is checked against the credit card billing address maintained by the buyer's credit card company. Shipping to this address minimizes the risk of being paid by a fraudulent buyer

So neither of the above statements are true?"

Tell me then how people succeed in using stolen credit cards with the service? That is what customer service told me "stolen credit cards" of course that was the second time I contacted them. The first time they said a chargeback occurred because the buyer had initated it. Paypal makes a two small charges as a part of the verification in some cases where the 3 digit code isn't confirmed. I personally think that they should require a paper verification for any account changes concerning credit cards it would should save them alot of hassle with chargebacks. I also think they should EMPHASIZE the risk involved in every transaction in a emailed checklist and stop advertising insurance that doesn't cover the bulk of fraudulent transactions.

 
 cegore
 
posted on February 15, 2002 02:55:39 PM new
So the buyer in your case had a CONFIRMED ADDRESS and used a stolen credit card that did not match the confirmed address?
 
 dealerjim
 
posted on February 16, 2002 11:55:52 AM new
cegore,
You sound a lot like Damon. Might you be? Just curious if you were him or just some crazy PayPal fanatic who has nothing better to do.

 
 cegore
 
posted on February 16, 2002 05:15:48 PM new
No Jim,

Thankfully, I no longer work in the customer service industry. For that matter I no longer work for anyone else. I work from home.

As far as sounding like Damon, that is probably because I read the TOS of companies when I sign up and frequently check for updates. That way I don't have too many surprises. I was also just asking a question that hasn't been answered about the buyer.

Anyways, sorry I am not Damon and I am not a "crazy" "fanatic" either.

Just a cautious and frequent user of paypal, that has had no fruad problems when using my commen sense and paypal's security tips. And the few user problems I have had in the past, I have had quickly cleared up.

 
 wupi
 
posted on February 28, 2002 07:29:56 AM new
Chris Ferro
Attorney for PayPal
(650) 251-1316
Fax (650) 251-1101

RE: GN200426

Dear Mr. Ferro,

Although PayPal is quick to restrict access to one's account, PayPal has never changed its practice of accepting money even when an account does not exist. This incidence began when a buyer paid his money by a typing mistake, i.e., instead of sending it to [email protected], he sent it to [email protected]. PayPal could have easily checked the account database and noticed that the account did not exist and inform the payer so. However, wanting to benefit from the free use of the money, PayPal never informed the payer that the account [email protected] did not exist. When the owner of [email protected] in an attempt to avoid the delay in receiving the payment and opened an account as [email protected], PayPal, in another attempt to get the free use of the money, put a restriction on both accounts.

This letter is to inform you that PayPal has done it again. This time the co-defendant of PayPal in this litigation sent a refund of $199 to [email protected], which was closed at PayPal's request, and PayPal again did not inform the sender that the account did not and still does not exist. Since all payment are sent on PayPal's computer from PayPal to PayPal, there is absolutely no excuse for PayPal to not knowing that the account does not exist. Even with a billion customers, assuming it's a possibility however remote it is for PayPal, the account search is a matter of seconds if not fractions of a second. PayPal's intention is clear.

Please inform your client to take the appropriate actions regarding that money or another charge will be added to the current petition. Plaintiff will seek attorney's fees from the hearing regarding this event. Please let me know by the end of tomorrow (Friday) three separate dates that you will be available for a hearing on an injunction I soon will file. If I do not hear from you by then, I will choose a date for you.

Sincerely,


Plaintiff
[ edited by wupi on Feb 28, 2002 07:31 AM ]
 
 cegore
 
posted on February 28, 2002 08:02:06 AM new
I am not sure if I am able follow what exactly happened.

The buyer made a mistake. PayPal has a screen to verify that you are sending money to the right account. PayPal doesn't check on current accounts because they can aquire a new customer if money is sent to a non-paypal user. So when the money was sent to the wrong email address. That email address would of gotten a notification that money was waiting for them.

Did you ever try to contact paypal concerning this mistaken email address, to see if it could of been resolved?

I am assuming that you signed up to obtain the incorrect email address and then went and signed up for a second account with paypal. first question, if this is how you did it, why didn't you just add the email address to your already existing paypal account. I would think the money would of been there for you after adding the email address to your account.

Second question, IF you opened a second paypal account, you did follow the rules of only one personal and one business account right?

The only reason they restricted the accounts was to get at your money, or is it possible that you violated paypal's TOS either for what I stated above or for a different reason?

I can't figure out who sent a refund, you stated "co-defendant" sent a refund. Wouldn't the defendant be PayPal? So PayPal sent you a refund and you can't access it?

Sorry I am just confused by that part of the story.

c e gore
 
 wupi
 
posted on March 1, 2002 09:10:00 AM new
NO. 200426

PATRICK WU ) IN THE DISTRICT COURT
v. ) TRAVIS COUNTY, TEXAS
PAYPAL, INC. and ) 200TH JUDICIAL DISTRICT
AHMED ELSHESHTAWY )
Petitioner’s First Set of Request for Production or Inspection of Documents

To: PayPal Inc., by and through its attorney of record, Charles Ashley Callahan at FULBRIGHT & JAWORSKI, 600 CONGRESS AVE STE 2400, Austin, TX 78701.

Patrick Wu, Petitioner, requests that Respondent, PayPal, Inc., produce for inspection and copying the items described below, at the time and place set out below.


Definitions

“Respondent,” “you,” and “your” refer to and are intended to include PayPal, Inc., your employees, and/or your agents, either individually or as a representative of any corporation, association, or partnership, as the case may be, as well as any testifying expert witnesses retained by you or retained on your behalf relating to this litigation and any consulting experts whose work product has been reviewed by, relates to, or forms the basis, either in whole or in part, of the mental impressions and opinions of any testifying experts.

“Person” includes and is intended to mean any natural person or the representative of any company, limited liability company, firm, nonpublicly traded corporation, association, trust, business trust, partnership, limited partnership, family limited partnership, limited liability partnership, joint venture, proprietorship, or any other form of business entity.

“Entity” or “entities” includes and is intended to mean any company, limited liability company, firm, nonpublicly traded corporation, association, trust, business trust, partnership, limited partnership, family limited partnership, limited liability partnership, joint venture, proprietorship, or any other form of business entity.

“Relates to” means in whole or in part constitutes, contains, concerns, embodies, relates, analyzes, identifies, states, refers to, deals with, or in any way pertains to.

“Item,” “document,” or “documents” includes, but is not limited to, each tangible thing, recording, or reproduction of any visual or auditory information, including but not limited to papers, books, accounts, drawings, graphs, charts, photographs, electronic or videotape recordings, data, and data compilations, however made, whether handwritten, typewritten, or printed material, drafts, duplicates, carbon copies, photocopies, e-mail, scanned documents, digital documents, and all other copies.

“Parties” means Petitioner or Respondent or both Petitioner and Respondent.

Instructions

All information responsive to this request that is not privileged and that is in your possession, custody, or control is to be produced.
“Possession, custody, or control” of an item means that the person either has physical possession of the item or has a right to possession of the item that is equal or superior to that of the person who has physical possession of the item.

If any of this information is solely in electronic or magnetic form, you must produce this information by providing Petitioner with this information on CD-ROM discs with a notation identifying the computer program (including version identification) necessary to access the information.

Time Period

The discovery requested is for documents prepared, received, or generated since July 1, 2001, unless otherwise provided in this request. All requested documents, whenever actually prepared or generated, that relate to this period are to be produced.

Documents to Be Produced

All items set forth in Exhibit A are to be produced for inspection, examination, and copying within thirty days following service of this request at 9:00 A.M. at 2314 Ferguson Lane, Austin, Texas 78754 for production. You must either produce documents and tangible things as they are kept in the ordinary course of business or organize and label them to correspond with the categories in this request.

Amendment or Supplementation of Response

If you learn that your response to this request was incomplete or incorrect when made or that, although it was complete and correct when made, it is no longer complete and correct, you must amend or supplement the response—

1. to the extent that the request seeks the identification of persons with knowledge of relevant facts, trial witnesses, or expert witnesses, and

2. to the extent that the request seeks other information, unless the additional or corrective information has been made known to the other parties in writing, on the record at a deposition, or through other discovery responses.

You must make amended or supplemental responses reasonably promptly after you discover the necessity for such a response.

Content of Response

With respect to each item or category of items, you must state objections and assert privileges as required by the Texas Rules of Civil Procedure and state, as appropriate, that—

1. production, inspection, or other requested action will be permitted as requested;

2. the requested items are being served on Petitioner with the response;

3. production, inspection, or other requested action will take place at a specified time and place, if you are objecting to the time and place of production; or

4. no items have been identified—after a diligent search—that are responsive to the request.

_________________________________________________
Patrick Wu, Pro Se
2314 Ferguson Lane, Austin, Texas 78754
(512)927-2226
(512)857-0994 Telecopier

Certificate of Service

I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on February 28, 2002.

_________________________________________________
Patrick Wu, Pro Se

Exhibit A

1. All federal and state income-reporting documents, including tax returns with all schedules and amendments, profit and loss statements, financial statements, balance sheets, income statements, and partnership and/or joint venture agreements, whether personal or for any entity in which the Respondent own or claim, or has owned or claimed, any interest.

2. All 1099 forms, and other income reporting forms that evidence the Repondent’s income.

3. All financial statements, profit and loss statements, balance sheets, income and expense statements, and operating statements regarding the Respondent and prepared by or on behalf of the Respondent for any person or entity.

4. All documents, including invoices and billing statements, evidencing the contractual relationship with attorneys, experts, and/or investigators in connection with this case.

5. All diaries, notes, memoranda, journals, or calendars, including electronic diaries, notes, memoranda, journals, or calendars, or other written logs that constitute or contain matters relevant to the subject matter of this lawsuit.

6. All letters and correspondence, including electronic writings (e.g., e-mail), that constitute or contain matters relevant to the subject matter of this lawsuit, including, but not limited to, those Respondent purported were reported by community watch members.

7. All drawings, graphs, charts, photographs, tape or electronic recordings, and audio/video recordings that constitute or contain matters relevant to the subject matter of this lawsuit.
8. All letters and correspondence, including electronic writings (e.g., e-mail), regarding all other restrictions to access of funds of other subscribers of PayPal's service from July 1, 2001, to the present.
9. Records of all incidences where funds were sent to non-existing PayPal account which PayPal either accepted or rejected.
10. Records of all incidences where PayPal placed restriction on an account since July 1, 2001.


 
 wupi
 
posted on March 1, 2002 09:12:48 AM new
NO. 200426

PATRICK WU ) IN THE DISTRICT COURT
v. ) TRAVIS COUNTY, TEXAS
PAYPAL, INC. and ) 200TH JUDICIAL DISTRICT
AHMED ELSHESHTAWY )
Petitioner’s Rule 194 Requests for Disclosure

To: PAYPAL, Inc., by and through its attorney of record, Chris Ferro, at 1840 EMBARCADERO RD, PALO ALTO, in SANTA CLARA County, California.

Pursuant to rule 194 of the Texas Rules of Civil Procedure, you are requested to disclose, within thirty days after service of this request, the information or material described in rule 194 as set forth in the attached request. The originals or copies of documents and other tangible items requested must be produced for inspection and copying at 2314 Ferguson Lane, Austin, Texas 78754, within thirty days after service of this request, together with a written response. Each written response must be preceded by the request to which it applies. No objection or assertion of work product privilege is permitted to a request under this rule. If you fail to comply with this request, the court may order sanctions against you in accordance with the Texas Rules of Civil Procedure. Your response must be signed.

______________________________________________
Patrick Wu, Pro Se
2314 Ferguson Lane
Austin, Texas 78754
(512)927-2445
(512)857-0994

Certificate of Service

I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on February 26, 2002, via fax to Chris Ferro at (650)251-1101.


______________________________________________
Patrick Wu, Pro Se

Rule 194 Request

1. State the correct names of the parties to the lawsuit.

2. State the names, addresses, and telephone numbers of any potential parties.

3. State the legal theories and, in general, the factual bases of the claims or defenses of PAYPAL INC.

4. State the amount and any method of calculating economic damages.

5. State the names, addresses, and telephone numbers of persons having knowledge of relevant facts, and give a brief statement of each identified person’s connection with the case.

6. For any testifying expert—

a. state the expert’s name, address, and telephone number;

b. state the subject matter on which the expert will testify;

c. state the general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them or, if the expert is not retained by, employed by, or otherwise subject to the control of PAYPAL INC., documents reflecting such information;

d. if an expert is retained by, employed by, or otherwise subject to the control of PAYPAL INC., produce the originals or copies of the following:

i. all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony; and

ii. the expert’s current resume and bibliography.

7. Produce the originals or copies of any indemnity and insuring agreements described in rule 192.3(f) of the Texas Rules of Civil Procedure. Rule 192.3(f) provides as follows:

Indemnity and Insuring Agreements. Except as otherwise provided by law, a party may obtain discovery of the existence and contents of any indemnity or insurance agreement under which any person may be liable to satisfy part or all of a judgment rendered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the indemnity or insurance agreement is not by reason of disclosure admissible in evidence at trial.

8. Produce the originals or copies of any settlement agreements described in rule 192.3(g) of the Texas Rules of Civil Procedure. Rule 192.3(g) provides as follows:

Settlement Agreements. A party may obtain discovery of the existence and contents of any relevant portions of a settlement agreement. Information concerning a settlement agreement is not by reason of disclosure admissible in evidence at trial.

9. Produce the originals or copies of any witness statements described in rule 192.3(h) of the Texas Rules of Civil Procedure. Rule 192.3(h) provides as follows:

Statements of Persons with Knowledge of Relevant Facts. A party may obtain discovery of the statement of any person with knowledge of relevant facts—a “witness statement”—regardless of when the statement was made. A witness statement is (1) a written statement signed or otherwise adopted or approved in writing by the person making it, or (2) a stenographic, mechanical, electrical, or other type of recording of a witness’s oral statement, or any substantially verbatim transcription of such a recording. Notes taken during a conversation or interview with a witness are not a witness statement. Any person may obtain, upon written request, his or her own statement concerning the lawsuit, which is in the possession, custody or control of any party.

10. Produce the originals or copies of all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills.

11. Produce the originals or copies of all medical records and bills obtained by PAYPAL INC. by virtue of an authorization furnished by PATRICK WU.



 
 frostman7
 
posted on March 14, 2002 08:09:20 AM new
I had my PayPal account hacked. Then they (hereafter known as Perp)tried buying things on Ebay. Fortunately my credit card is protected. I put a stop on the 3 charges, but had to cancel my credit card, wait for the replacement, then set up all of my accounts again (minus PayPal). I tried to contact PayPal. The only easy way to do this is to post on their website, which I could not do because my account had been hacked and I could no longer get in. I have put a stop payment on all accounts for any charge from PayPal because I can't even cancel my PayPal account.

I have written them two detailed letters and have gotten one response. They told me to go to the website and use their system. If I could have done that I wouldn't have written the letter.

It has come to this: Anyone know of a class action lawsuit that I can become involved in? I warned PayPal in my last letter that I would take legal action next. I will go it alone, but there is power in numbers. Anyone with information please email [email protected].

Thank you.

PS Anyone wishing futher details should email me as well.

 
 wupi
 
posted on March 27, 2002 04:08:20 PM new
Does anyone know the styles (of the case) of the two class action suits against PayPal and where they are located? I would like to join one of them.

Just got a call from a lady at Smart Money magazine inquiring about some information and my experience with PayPal. I hope something of value comes out of this to the readers of that magazine.

Anyone else that needs to contact me, my number is (512) 927-2226.


 
 
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