Consumer complaint received 2023-10-29
Company: Paypal Holdings, Inc
State: FL
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Fraud or scam

Complaint:
Commencing on or about XX/XX/2022, I fell victim to a multilayered scam operation orchestrated by XXXX live ( the Fraudsters ) with the design, development, manufacturing, promoting, marketing, distributing, labeling, and/or sale of illegal andoutright fraudulent investment services, all of which aim at contributing to the goal of robbing and defrauding clients through a predetermined cycle of the client losses to gains. Money was transferred to the fraudsters in the total amount of XXXX XXXX, of which XXXX USD was transferred from my wallet - utilizing their services. 
When determining whats reasonable and fair, we should focus on the issue of liability ; common queries include, but are not limited to, the following ( i ) whether PayPal did not take notice of any rule, law, or regulation, and/or possibly missed any material elements of the relevant bylaws or codes of conduct, that may have prevented them from protecting my financial safety ; ( ii ) whether by virtue of PayPals custodianship over my funds or by its control over them, they owed a fiduciary duty to the me and if so, whether that duty was breached ; ( iii ) whether PayPal promoted the transaction ( s ) in question despite being aware of the nature of the transaction ( s ) in question ( iv ) whether PayPal was in compliance with its ownpolicies and procedures ; ( v ) whether PayPal owed duties to myself, what the scope of those duties was, and whether PayPal did not uphold those duties ; ( vi ) whether PayPals conduct was unfair ; and ( vii ) whether PayPal has within its power the ability to, and should, compensate me for the harm that has befallen me.

Upon identification of such unusual or suspicious activity, it is crucial that the relevant staff member adequately describe the factors making an activity or transaction suspicious, thoroughly depict the extent and nature of this activity and properly communicate to the customer that such activity meets the relevant criteria of fraud. 
In providing its services to a customer, a financial institution is required by law to exercise the care and skill of a diligent, prudent banker. In this case, this means that the payment service provider should not turn a XXXX eye to known facts pointing to a real possibility that their customer is being scammed. In other words, PayPal must have had special knowledge of what was occurring or been alerted to a real possibility of fraud taking place. The financial institution must have known or reasonably ought to have known that I was dealing with a scammer. 
Granted, there is room for diversity of view insofar as reasonableness is concerned. Indeed, there is a sense in which the standard of care of the reasonable person involves in its application a subjective element. 
However, it must be remembered that the correct test is always reasonable care in all circumstances, not average care. The fact that most people behave in a certain way XXXX be good evidence that the conduct is reasonable, but this is not necessarily the case. Although reasonableness is a very fluid concept, all of the evidence suggests that PayPal did not foresee the fraud and disregarded even the most obvious dangers in this respect. 
Situations do tend to repeat themselves and it is advisable to examine previous outcomes to see how the standard of the reasonable person should be applied, and that lessons can be learnt from the errors of the past. 
Apropos of the fluidity of the concept of reasonableness, all PayPal has done in this regard is set up a dichotomy of having or not having the legal obligation under consideration, however, that does not go one- inch toward explaining why various regulatory authorities, has maintained that financial institutions can, and should, protect consumers using their systems, advanced technologies, and rich experience. 
PayPal is obliged to take some action if it is sufficiently aware of a real possibility that a fraud may be being perpetuated. If you don't question its customers instructions or raise the possibility of a scam with the customer in these circumstances, it may be liable if the red flags indicate the customer is : particularly vulnerable, or if the possibility of fraud was serious or real, not just suspected. 
There are some recommendations to organizations for protecting customers from financial harm that might occur as a result of fraud or financial abuse ; and gives guidance on how to recognize customers who might be at risk, how to assess the potential risks to the individual, and how to take the necessary actions to prevent or minimize financial harm.

Company response to consumer: Closed with explanation