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"PayPal tells users it will fine them $2,500 for misinformation,. . .

Stevicus

Veteran Member
Staff member
Premium Member
If I don't get these DVDs back to the library today I'll be fined for it. But that's not law enforcement, that failure to comply with rules of returning things by the due date.

You might have to deal with the library cop.

 

exchemist

Veteran Member
What law makes it theft instead of business?
OK, it may not be simple theft, I agree. But a business can't just put in its terms of trade that it has the right to take somebody's money for arbitrary reasons unconnected with the service it provides. That is in effect theft, though it may break various laws of unfair contract terms, rather than relying on simple, common law theft.

It's as if a car hire company were to reserve the right to take money from you because you wear the wrong sort of shoes.
 

Shadow Wolf

Certified People sTabber & Business Owner
They called it a late fee in my neck of the woods.

God I miss my old library. (No longer there)
I've always known a fine to be a penalty and a fee being what you pay for a gym membership or the cover fee for a bar.
And that is sad about the library. They are great places and provide quite a bit.
 

Shadow Wolf

Certified People sTabber & Business Owner
OK, it may not be simple theft, I agree. But a business can't just put in its terms of trade that it has the right to take somebody's money for arbitrary reasons unconnected with the service it provides. That is in effect theft, though it may break various laws of unfair contract terms, rather than relying on simple, common law theft.

It's as if a car hire company were to reserve the right to take money from you because you wear the wrong sort of shoes.
I concede I cannot think of any examples at the moment of a company doing such a thing,
But courts do tend to rule in favor of the company when it comes to any sort of ToS violation and it's very rare for them to say anything in them is an overreach. Just use something else tends to be a guiding principle and alternatives have been mentioned.
 

Revoltingest

Pragmatic Libertarian
Premium Member
I can see maybe some objections over the amount, but it doesn't fall under Constitutional protections that prohibit cruel and unusual punishments. Amd the way we see the prices of some medications getting jacked up to even higher and more obscene rates without legal penalty I'm not sure if this would legit be illegal or very dependent upon the judge who hears the case.
I’m just relating the legal standard
I see enforced in court.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
I concede I cannot think of any examples at the moment of a company doing such a thing,
But courts do tend to rule in favor of the company when it comes to any sort of ToS violation and it's very rare for them to say anything in them is an overreach. Just use something else tends to be a guiding principle and alternatives have been mentioned.
Imagine Mary Poppins on the 'misinformation' board fining people for saying words the government deems 'misinformation'..
 

Shadow Wolf

Certified People sTabber & Business Owner
How are they supposed to carry thisbout
Imagine Mary Poppins on the 'misinformation' board fining people for saying words the government deems 'misinformation'..
I see it as more insidious than fantasy characters being involved. Such as, Subway recently changed contracts between them and franchisees, and among other changes corporate forced upon franchisees is a clause that prohibits franchisees from criticizing the Subway corporation. Or John Deere suing farmers for violating crippling one-sided Terms of Usage by installing custom firmware on tractors in order to repair them on the farm rather than being forced to cough up extra money and waste time by going through am authorized Deere repair facility. Warner Brothers recently pulled paid-for content off user accounts, amd they aren't the only company to do this.
 
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