Consumer complaint received 2021-01-27
Company: Paypal Holdings, Inc
State: NY
Product: Money transfer, virtual currency, or money service
Sub-product: Mobile or digital wallet
Issue: Confusing or misleading advertising or marketing

Complaint:
I am writing to advise you of Paypals breach of its own buyer protection policies and its unfair and deceptive business practices.

I recently utilized Paypal when purchasing three shirts from XXXX ( also known as XXXX ) on XX/XX/XXXX for a total of {$64.00}. On Mokicons own website it states that processing of orders usually takes 1-4 business days ( while some items may need 6-9 business days ). We will send you an email if the processing time takes longer than expected and that Shipment takes 7-15 business days to arrive. 
On XX/XX/XXXX and XX/XX/XXXX I emailed the seller as the tracking number they provided ( USPS XXXX ) hadnt been updated in days. At no time did the seller mention any issues with my order. 
On XX/XX/XXXX I received the order, however only one of three shirts was received. I emailed the seller and their response was that the other two items were out of stock and will restock in about 8 days. 
On XX/XX/XXXX, I advised the seller that was unacceptable and requested a refund for the two shirt I did not receive ( which would be {$37.00} ). That same day the seller responded, ignoring my refund request and said It needs to wait 7 days. We will ship to you once available. On that same day I responded that I do not want the items and I wanted my money back. The seller did not respond further. 
On XX/XX/XXXX, I filed a dispute via Paypal ( case XXXX ). As part of my dispute, I uploaded copies of the emails between myself and the seller, showing that the seller admitted to now shipping two of my items and that my repeated requests for a refund had been ignored. 
On XX/XX/XXXX the seller responded via the Paypal resolution center with the tracking number, USPS XXXX XXXX the tracking number for the one item I did receive ). I responded that same day once again stating that I wanted a refund. On XX/XX/XXXX, the seller added another tracking number, which as of today still shows as Shipment information received XXXX XXXX. At that time I requested PayPal escalate my complaint. 
On XX/XX/XXXX I received notification from Paypal that they denied my claim because we received shipment tracking from the merchant confirming that the merchandise was delivered. 
Given that the only tracking information the seller provided which showed anything was delivered was USPS XXXX, which I admitted I did receive and contained one shirt, I am not sure how Paypal decided that this meant that the other two shirts were delivered since the other tracking number provided was never delivered. 
I contacted Paypal again and asked that they refund my money and reopen this case. I was told by PayPal representative XXXX that as my dispute was Item not received and not significantly not as described that they closed the case in the sellers favor. As if that excuses PayPals lack of common sense or investigation. 
On XX/XX/XXXX Paypal representative XXXX told me that I would have to fill out a form with the Internet Crime Bureau of the FBI. She said once I completed the form you will want to come back to this Message and attach that to our conservation or send it to us via email at XXXX. We will then attach that to the Claim and get that money for you. I found the idea of having to contact the FBI regarding a refund dispute ludicrous and told her so, but I did it anyway. 
I emailed the form to XXXX on XX/XX/XXXX. I then received a generic response back from PayPal about opening a PayPal account, so I went back into the PayPal chat and also uploaded the form there. 
I was then told by PayPal representative XXXX that I needed to log into the resolution center and upload the form there. When I tell you that I was livid, that does not begin to explain how I felt. 
I have jumped through every hoop Paypal has asked and I have had enough. 
I didnt want to fill out the FBI form but I did. I submitted it as instructed by XXXX, and now Im being told I have to do more? 
I requested a supervisor and spoke with XXXX and XXXX, who also wouldnt refund my money. I asked that my complaint be forwarded to Paypals Executive Escalation team and my request was refused. 
Per Paypals user agreement : Step 1 : Open a dispute within 180 days of the date you made the payment. This might allow you to start a direct conversation with the seller regarding your issue with the transaction that may help resolve the dispute. If you are unable to resolve the dispute directly with the seller, proceed to Step 2. We will place a hold on all funds related to the transaction in the seller 's PayPal account until the dispute is resolved or closed.

Step 2 : Escalate the dispute to a claim for reimbursement within 20 days after opening the dispute, if you and the seller are unable to come to an agreement, or we will automatically close the dispute. You can escalate the dispute to a claim for reimbursement through the Resolution Center. The seller or PayPal may also escalate the dispute to a claim at this point. PayPal may ask you to wait at least 7 days from the transaction date to escalate the dispute.

Step 3 : Respond to PayPals requests for documentation or other information, after you, the seller or PayPal escalates your dispute to a claim for reimbursement. PayPal may require you to provide receipts, third party evaluations, police reports or other documents that PayPal specifies. You must respond to these requests in a timely manner as requested in our correspondence with you.

Nowhere in this agreement does it state that I must upload a form to the Resolution Center before my claim can be resolved. It only states that I must respond. I
responded to PayPals extensive requests. I emailed the form submitted to the FBI and added it to the chat. PayPal has this documentation and instead of processing it, insists on asking me to jump through another hoop in order to delay processing my refund, when had PayPal actually investigated my initial claim properly, this wouldnt be an issue at all.

Per Paypals terms PayPal may communicate with you about your PayPal account and the PayPal services electronically as described in our Electronic Communications Delivery Policy. You will be considered to have received a communication from us, if its delivered electronically, 24 hours after the time we post it to our website or email it to you. If PayPal considers a communication received by a user once its delivered electronically to the user, then a communication sent by a user to PayPal should be deemed received once it is delivered electronically to PayPal. 
PayPal is in breach of their own user agreement which states that When you buy something from a seller who accepts PayPal, you may be eligible for a refund under PayPals Purchase Protection program. When applicable, PayPals Purchase Protection program entitles you to reimbursement for the full purchase price of the item PayPals Purchase Protection program may apply when you encounter these specific problems with a transaction : You didnt receive your item from a seller ( referred to as an Item Not Received claim ), or You received an item, but the item isnt what you ordered ( referred to as a Significantly Not as Described claim ). 
PayPal is engaging in deceptive and fraudulent business practices by holding itself up to be a service that provides Protection you can count on when it has proven that it provides no protection, or protection you will have to fight tooth and nail for ( see https : //www.paypal.com/us/webapps/mpp/paypal-safety-and-security? XXXX XXXX XXXX XXXX XXXX ) At this point in time, the seller has earned money for items it never sent and PayPal has earned a fee on these items , however, I, as the consumer have been damaged in the amount of {$37.00} plus the hours of time that I have had to spend explaining to incompetent PayPal employees why a refund should be issued to me.

Company response to consumer: Closed with monetary relief