Consumer complaint received 2022-07-11
Product: Money transfer, virtual currency, or money service — Mobile or digital wallet
Issue: Problem adding money — 
Company: Paypal Holdings, Inc (MA)

Below is a narrative on behalf of my client, XXXX XXXX who was supposed to receive her massachusetts unemployment through venmo. It was mistakenly sent to the wrong account and venmo will not help even though we have sent a consumer protection Massachusetts GL93A letter. 



LAW OFFICES OF XXXX XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX, MA XXXX ( XXXX ) XXXX ( XXXX ) XXXX XXXX DEMAND FOR RELIEF PURSUANT TO XXXX. XXXX XXXX Sent Via USPS Certified Mail, XXXX Venmo XXXX : Legal Department XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX  NY XXXX RE : Our Client/Claimant : XXXX XXXX Claim Number : XXXX Date of Accident : XX/XX/2021 Dear Venmo/ Venmo Legal Dispute Department : The following constitutes a demand for relief pursuant to XXXX. XXXX XXXX. 

I. INTRODUCTION Please be advised that the office of the undersigned represents the interests of XXXX XXXX ( XXXX XXXX ), relative to the monetary damages suffered resulting from XXXX unfair business practice, including a refusal to resolve a clerical error on XX/XX/2021. Under the provisions of Massachusetts General Laws, Chapter 93A, Section 9, I hereby make written demand for relief as outlined in that statute. 


XXXX. BACKGROUND During the global pandemic, XXXX XXXX became eligible for Pandemic Unemployment Assistance ( PUA ) benefits through the XXXX of Massachusetts. XXXX provided unemployment benefits to individuals who were unable to work because of a COVID-19-related reason but were not eligible for regular or extended unemployment benefits. The Commonwealths method of depositing funds from the assistance program was through your company, venmo. After an application approval process and release of funds, the Commonwealth was to direct deposit funds into my clients venmo account. 

The username/account used in relation to this deposit was not the correct username/account for XXXX XXXX. The tracking number for XXXX XXXX account is listed as XXXX XXXX XXXX XXXX and the tracking number of the account XXXX XXXX funds were deposited to XXXX XXXX XXXX XXXX. This clerical error resulted in funds deposited into the incorrect account, depriving XXXX XXXX. XXXX current refusal to cooperate in transferring funds has greatly affected my clients quality of life and is considered an unfair business practice under Massachusetts law. 



XXXX. CLAIMS HANDLING My client has contacted both your office and the Commonwealth Department of Unemployment Assistance multiple times to report this clerical error and to clear the funds she so desperately needs. The Unemployment office for the Commonwealth of Massachusetts contested the issue needs to be resolved directly through Venmo. Venmo, to date, has not cooperated with the transfer of funds owed to my client. Therefore, XXXX XXXX is, to this day, without the benefits she was entitled to. 


IV. ARGUMENT The purpose of this letter is to demand an immediate release of my clients funds and to advise you that your companys failure to promptly, fairly and equitably provide my clients money constitutes an unfair and deceptive act or practice under M.G.L. c. 93A 2. This unfair or deceptive act is, in my opinion, declared unlawful by Section 2 of Chapter 93A. 

As a result of this unfair act or practice, you owe my client the loss of money as follows : Date of Funds Received by Venmo Amount XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX XX/XX/XXXX {$900.00} XXXX TOTAL MONEY OWED TO XXXX XXXX TO DATE : {$12000.00} Therefore, I hereby demand the relief of all funds my client has been denied access to. XXXX XXXX gives you the opportunity to make a good-faith response to this letter within thirty ( 30 ) days. Your failure to do so-could subject you to triple damages, attorney 's fees and costs if decided to institute legal action. You are hereby advised that should you fail to make payment as demanded herein, a litigation complaint will be filed and will assert a count for your violation of G.L. c. 93A 9 ( 3 ) and G.L. c. 176D ( 3 ) ( 9 ) ( n ), on behalf of my client, XXXX XXXX. 


V. CONCLUSION AND DEMAND If the court finds for my client in the result of litigation, recovery shall be in the amount of actual damages ; or up to three, but not less than two, times such amount if the court finds that the use or employment of the method of competition or the act or practice was a willful or knowing violation of said section two. The amount of actual damages to be multiplied by the court shall be the amount of the judgment on all claims arising out of the same and underlying transaction or occurrence regardless of the existence or nonexistence of insurance coverage available in payment of the claim. In addition, the court shall award such other equitable relief, including an injunction, as it deems to be necessary and proper.

A. G.L. c. 176D ( 3 ) ( 9 ) ( n ) Request For Explanation I am hereby requesting that you provide me with the detail of your deliberations by which you determined XXXX XXXX is not entitled to her government services funding considering the facts in this case and the law to be applied to those facts. Pursuant to G.L. c. 176D ( 3 ) ( 9 ) ( n ), it will be an unfair claim settlement practice if you fail to provide promptly a reasonable explanation in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement. The cited statute requires that you detail how you arrived at a full-stop refusal to transfer {$12000.00} to my client considering the specific facts of this case.

B. G.L. c. 93A 9 ( 3 ) Demand For Relief Because your failed to provide my client the value of this claim, it is our position that you have already committed an unfair business practice, a violation of G.L. c. 93A 9 ( 2 ), the Massachusetts Consumer Protection statute. Pursuant to G.L. c. 176D ( 3 ) ( 9 ) ( f ), it is an unfair claim settlement practice if you fail to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear. Liability is better than reasonably clear in this case. Your refusal to cooperate in this clear liability matter will not qualify as a fair and equitable required by the cited statute. Your detailed unfair settlement practices detailed above are also a violation of G.L. c. 93A 9 ( 2 ). Pursuant to G.L. c. 93A 9 ( 3 ) I hereby demand that you pay {$12000.00} to my client, XXXX XXXX. Your failure to pay in the past, and any continued failure to pay {$12000.00} to XXXX XXXX has and will continue to deprive her of what she is clearly entitled. Any litigation commenced regarding the detailed violations of the Consumer Protection Statute shall seek multiple damages, costs of litigation, and reasonable attorney fees all as provided for by said statute. XXXX XXXX hereby offers your insured ( XXXX ) a full and final release of all claims in exchange for the immediate payment of {$12000.00}.