Претензия при заморозке счёта PayPal в Калифорнии

[Your Name] [Your Address] [City, CA ZIP] [Your Email] [Your Phone] [Date] PayPal, Inc. Attn: Legal Department 2211 North First Street San Jose, CA 95131 Via Email: legaldept@paypal.com Via Certified Mail, Return Receipt Requested Re: Demand for Release of Frozen Funds and Account Reinstatement Account Email: [your@email.com] Frozen Balance: $[Amount] Limitation Date: [Date] CFPB Complaint No.: [Number, if filed] Dear Legal Department: I am a California resident writing to demand the immediate release of $[Amount] currently frozen in my PayPal account and/or reinstatement of full account access. PayPal's actions violate California law and exceed the legitimate scope of PayPal's User Agreement. ACCOUNT BACKGROUND I have maintained a PayPal account since [Year], using it for [describe use: personal payments, small business, freelance work, etc.]. My account was in good standing with [describe history: number of transactions, total volume, dispute history, verification status]. On [Date], PayPal notified me that my account was limited. The notification stated [quote the reason given, or "no specific reason was provided"]. My current frozen balance is $[Amount], which represents [describe: business revenue, personal funds, customer payments, etc.]. PAYPAL'S ACTIONS ARE UNLAWFUL California Unfair Competition Law (B&P Code Section 17200) PayPal's arbitrary account limitation and fund hold constitute an unfair business practice under California's UCL. Specifically: 1. Inadequate Notice: PayPal failed to provide specific reasons for the limitation, denying me meaningful opportunity to address alleged concerns. 2. Excessive Hold Period: Holding $[Amount] for 180 days without pending disputes, chargebacks, or legitimate claims exceeds any reasonable business interest and constitutes conversion of my funds. 3. Procedural Unfairness: PayPal's internal appeals process is inadequate, with [describe your experience: no response, form denials, inability to speak with decision-makers]. [If applicable] PayPal's claim that I violated the Acceptable Use Policy is incorrect. [Explain why: your business is legal, you have proper licenses, the characterization is wrong, etc.] California Money Transmission Act PayPal operates in California under Money Transmitter License #909383 issued by the Department of Financial Protection and Innovation. As a licensed money transmitter, PayPal has obligations to California consumers beyond those stated in its User Agreement. Arbitrary freezing of customer funds without legitimate cause violates the consumer protection standards expected of licensed transmitters. Breach of Contract PayPal's User Agreement creates a contractual obligation to provide payment services. PayPal has breached this agreement by: • Terminating services without legitimate cause under the stated termination provisions • Holding funds beyond what is necessary to cover actual risks or liabilities • Failing to provide the appeals process and review contemplated by the Agreement REGULATORY COMPLAINTS FILED I have filed complaints with: • Consumer Financial Protection Bureau (Complaint No. [Number]) • California Department of Financial Protection and Innovation (Complaint No. [Number]) [Add any others] DEMAND I demand that PayPal: 1. Immediately release the full frozen balance of $[Amount] to my linked bank account; 2. Provide a detailed written explanation of the specific User Agreement or AUP provisions allegedly violated and the evidence supporting that determination; 3. Reinstate my account to full functionality, or alternatively, confirm permanent closure and release of all funds; 4. Compensate me for [damages: lost business revenue, interest on frozen funds, costs incurred]. DEADLINE AND CONSEQUENCES If PayPal does not release my funds and provide the requested information within fourteen (14) calendar days of this letter, I will: • Pursue arbitration under the User Agreement seeking recovery of frozen funds plus damages • File additional complaints with California Attorney General Consumer Protection Division • Seek injunctive relief under California UCL Section 17203 • Pursue any and all legal remedies available under California law I reserve all rights and claims, including claims for actual damages, restitution under UCL, statutory damages, attorney fees, and costs. DOCUMENT PRESERVATION This letter constitutes notice to preserve all documents, data, and communications related to my account, the limitation decision, any investigation, and PayPal's policies and procedures for account limitations. Destruction or spoliation of relevant evidence will result in appropriate legal consequences. Please direct all responses to [Your Email] and the address above. I expect written response within the deadline stated. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - PayPal account statement showing frozen balance - Limitation notification from PayPal - Timeline of communications with PayPal - CFPB complaint confirmation - DFPI complaint confirmation - [Business documentation, if applicable] - [Evidence refuting AUP violation, if applicable]