Dating and paypal
Infostream is the operator of two sites that “cater to adults looking for a non-traditional dating experience.” For a fee, Seeking facilitates “mutually beneficial relationships” between members who refer to themselves as either a “sugar daddy,” “sugar mommy” or “sugar baby.” Whats Your charges a fee to allow members to “buy and sell the opportunity of going out on a first date.”When Pay Pay moved to dismiss Infostream’s complaint, it was quick to point to media sources that have associated the Infostream sites with purveying sexual services (see Pay Pal memorandum in support of motion to dismiss, n. One of the cited articles included alleged accounts of sex-for-pay encounters arranged through the Seeking site by graduates seeking to pay off student loans. As to Pay Pal’s argument that it had reserved the right to terminate any account “at its sole discretion,” and “for any reason at any time,” the court found that the contract included, by implication, an implied covenant of good faith and fair dealing.Infostream responded with the allegation that Pay Pal was invoking its unfairly, because the company continues to provide services to competitor sites that are similar to its own, such as Ashley Madison.com, which urges users to “have an affair,” and Arrangement Finders.com, which promotes “mutually beneficial arrangements” between men and women. Infostream had adequately alleged that obligation had been breached, the court said, if it could show that Pay Pal terminated the account in order to benefit Infostream’s competitors.Similarly, the court found that the allegations that Pay Pal used unpublished standards “to pick winners and losers in the market” adequately alleged a claim under the California unfair competition law.Whether a company — online or bricks-and-mortar — can choose with whom it will deal can be tricky business.And it must back up its allegations with facts during the discovery stage, and survive a likely motion for summary judgment by Pay Pal, assuming that the parties do not “seek an arrangement” by settling the case. Neuburger is a partner in the New York office of Proskauer Rose , and co-chair of the Technology, Media and Communications Practice Group.His practice focuses on technology and media-related business transactions and counseling of clients in the utilization of new media.
Here are some of the things you might use Pay Pal for: You can send funds to anyone with an e-mail address, whether or not they have a Pay Pal account.See the pitfalls like overdraft protection, overcharges and the difficulty in withdrawing from auto-pay services.The idea behind Pay Pal is simple: Use encryption software to allow people to make financial transfers between computers.He is an adjunct professor at Fordham University School of Law teaching E-Commerce Law and the co-author of two books, “Doing Business on the Internet” and “Emerging Technologies and the Law.” He also co-writes the New Media & Technology Law Blog.
Watch this Money Talks video to learn more about automatic bill payment -- the advantages and the disadvantages.That kind of attention can be a concern not only for a dating site itself, but also for other online services that provide support to such sites, such as hosting companies and payment services. Sherman Act antitrust claims were dismissed (but with leave to file an amended complaint) because Infostream’s allegations that Pay Pal has an ownership interest in sites that compete with Infostream’s sites were deemed speculative.So it’s not surprising that service providers seek to protect themselves contractually from the potential legal and business consequences of being associated with purveyors of shady, unsavory, or downright illegal services. Claims of common law fraud were dismissed (also with leave to amend), because Infostream did not adequately allege that it had detrimentally relied upon Pay Pal’s representations to it during the parties’ negotiations prior to the account termination.Pay Pal, the preeminent online payment service, addresses the issue in its User Agreement and Acceptable Use Policy (Just what falls into these prohibited categories can be the subject of dispute, however. But the court allowed Infostream’s breach of contract, breached of the implied covenant of good and fair dealing, and California state unfair competition law claims to stand, at least at this early stage of the litigation.