> Unless you opt out: (1) you will only be permitted to pursue claims against PayPal on an individual basis
So, you can opt out. But they will retain a herd immunity of sorts -- as long as a critical mass of users doesn't opt out, a class action can never gain steam. Clever.
Incidentally, has anyone managed to opt out? I can't figure out how to (the new TOS doesn't even show up for me, so it may be that non-US users are not affected)
You can choose to reject this Agreement to Arbitrate ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice"). For new PayPal users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept the User Agreement for the first time. If you are already a current PayPal user and previously accepted the User Agreement prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than December 1, 2012. You must mail the Opt-Out Notice to PayPal, Inc., Attn: Litigation Department, 2211 North First Street, San Jose, CA 95131.
The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the PayPal account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of Section 14 (Disputes with PayPal), will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
I do expect to see more of it, although I prefer to see it done the way Microsoft does (I've linked it elsewhere in the thread). What rubbed me the wrong way about this one wasn't the policy, but how they make opting out as difficult as possible.
Of which the efficacy is certainly arguable, since a truly reputable firm might seek to provide such a mechanism in an easy-to-use manner. Whereas a shady operation would, and do, ignore the directive anyhow.
Sure, but by making it hard for legitimate companies to spam you, we get a much clearer separation of spam from ham. You don't have to know who all the bad guys are, it's enough to know who all the good guys are.
These days, messages in my inbox fall into two categories: Messages with an "unsubscribe" link, or spam.
I am opting out by emailing the first @paypal.com address I can find. I have altered my agreement with paypal to the effect that notifying them in this way is permissible.
So, you can opt out. But they will retain a herd immunity of sorts -- as long as a critical mass of users doesn't opt out, a class action can never gain steam. Clever.
Incidentally, has anyone managed to opt out? I can't figure out how to (the new TOS doesn't even show up for me, so it may be that non-US users are not affected)