by Brian A. Wilkins
October 11, 2022 (updated October 31, 2022)
LAS VEGAS — PayPal (NASDAQ: PYPL) has had a terrible five-day stretch, and a worse 14-month stretch, for public relations and financial wherewithal. Things are about to get worse as the company’s lies and contradictions are exposed publicly.
The new “misinformation” policy
PayPal claims it accidentally published updates to its “Acceptable Use Policy” (AUP). Said changes were to take effect on November 3, 2022. Reddit users got ahold of the document; and it went viral last Friday. The updated policy states on the first two pages:
“Violation of this Acceptable Use Policy constitutes a violation of the PayPal User Agreement and may subject you to damages, including liquidated damages of $2,500.00 U.S. dollars per violation, which may be debited directly from your PayPal account(s) as outlined in the User Agreement.”
The AUP “violation” that caused the uproar reads that any person who engages in “sending, posting, or publication of any messages, content, or materials that, in PayPal’s sole discretion…promote(s) misinformation,” can lose $2,500 per violation, directly from their PayPal account.
Hashtags like #CancelPayPal, #DeletePayPal, #GoWokeGoBroke, and others have been trending on social media since Friday. Tens of thousands of PayPal users have posted screenshots confirming that they closed their accounts with the company. Several mainstream media outlets have published articles providing specific instructions on how to cancel your PayPal account. It got so bad that PayPal stopped allowing users to cancel their accounts online since Saturday evening, October 8.
David Marcus is the former President of PayPal. Elon Musk was one of the top investors and former CEO of the X.com/Confinity company that eventually became PayPal. They, and many other prominent voices, denounced the new policy.
PayPal stock is down 12% since October 6 (as of publishing) when the new policy first started circulating. But the company has been inching towards bankruptcy since August 2021. PayPal Holdings, Inc. stock was $308.53 per share on July 23, 2021. But the company announced partnerships with both the Anti-Defamation League (ADL) and Google to help de-platform “extremists” that same month.
Mainstream media were also putting pressure on big tech to de-platform and censor critical thinkers like myself that month. Several high-ranking House Democrats, including Adam Schiff, Eric Stalwell, and Ted Lieu, directly ordered PayPal to de-platform all critical thinking websites like The COVID Blog™ in December 2021. PayPal stock is down 73% (and still dropping) in the 14 months since it teamed up with Google and vaxx zealot organizations to stifle free speech. The stock is $83.28 per share as of publishing.
“PayPal is not fining people for misinformation and this language was never intended to be inserted in our policy. We’re sorry for the confusion this has caused.”
PayPal, however, is flat-out lying. The company is in fact arbitrarily “fining” users $2,500 per “misinformation” violation. Even with the walk-back on the November 3, 2022 updates, the company’s current User Agreement and Acceptable Use Policy allows PayPal, at its sole discretion, to determine anything it wants to be “misinformation” and take your money.
PayPal says I owe them $380,000 for “spreading misinformation.” The arbitration is ongoing; and I’m representing myself. The entire process is a farcical clown show, and literally puts on display the god-like complex of PayPal, its attorneys, and its arbitrators.
Background on Wilkins vs. PayPal and the Notice of Claim
PayPal, voluntarily and on its own volition, de-platformed The COVID Blog™ on August 9, 2021. We wrote about it that day. PayPal provided no reason for terminating the business relationship. But we obviously knew why they did it. Anyone who speaks truth and displays critical thinking skills regarding the lethal injections and those ridiculous masks, gets de-platformed by big tech.
RELATED: Prashant Bhushan: Twitter censors prominent India Supreme Court lawyer for tweeting peer-reviewed study about mask ineffectiveness (April 12, 2021)
But since I was expecting the ban, it was no big deal. PayPal, however, continued filling my email inboxes daily with spam messages like “Your payment didn’t go through” and “You can’t have your money.” I replied to two of those emails, demanding that PayPal stop spamming us since they terminated our business relationship. The spam continued. I then logged into the PayPal system and, pursuant to their Electronic Communications Delivery Policy, wrote them an internal email that demanded they stop spamming us or face a lawsuit. The spam emails continued.
It was only after I serve a Notice of Claim on PayPal, Inc. in Glendale, California that the spam emails finally stopped (at least temporarily). But now I was demanding damages of over $100,000 for breach of contract and violations of California Business & Professions Code § 17529 et seq. PayPal is a Delaware corporation with its principal place of business in San Jose, California.
The first lawyer PayPal sent to attack me was some clown named V.R. Bohman, from a giant law firm called Snell & Wilmer.
His entire shtick can be summed up as follows: “I’m a lawyer! We’ll crush you! I’m a seasoned litigator. I’m so smart. You don’t know what you’re getting into.” I was sitting at my desk, so I played some sitcom laugh tracks as he was stroking himself. Since Bohman set the legal street fight tone, things got nastier from there. Two days later, on November 23, 2021, PayPal dispatched a female lawyer. She at least was professional. But no settlement was reached.
Meanwhile, PayPal emailed me on November 19, 2021, stating that I can withdraw the remaining funds from my account.
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That was actually quite surprising because a big part of PayPal’s RICO racket is to steal people’s money with arbitrary interpretation of their own AUP. PayPal can backtrack all it wants with the “we really don’t fine people $2,500 per misinformation violation.” But the bottom line is that PayPal’s current User Agreement and Acceptable Use Policy, effective September 19, 2022, states:
“You acknowledge and agree that $2,500.00 U.S. dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of PayPal’s actual damages.”
One of said “restricted activities” is if PayPal determines, at its sole discretion, that you are “provid[ing] false, inaccurate or misleading information.” Thus the only difference between the alleged “accidentally leaked” updated policy and the current one is the words “misleading information” versus the contraction “misinformation.”
Either way, PayPal can conjure up any tale, call it “misinformation,” and say you owe them $2,500 per violation. And that’s what is happening with me now, despite PayPal already clearing me of any alleged violations by releasing my remaining funds. There’s a res judicata argument pending with that. But I won’t get into it here.
Commencement of arbitration and a funnier $2,500 per “misinformation violation” clown show
I filed my Demand for Arbitration on March 3, 2022. I would have much rather done this in federal court. But PayPal’s User Agreement has an arbitration clause and, for the most part, federal courts have upheld it. You can read the entire demand here. Note that I’m no longer pursuing the Nevada claims because technically, I only had a mailing address there at the time, and thus had no legal standing. As of today there are 96 total spam emails sent from PayPal since the first time I demanded they stop. Thus they owe $96,000 in statutory damages. And now here’s where the clown show gets comical.
PayPal is now represented by another gigantic law firm called Dentons. It is the sixth-largest law firm in the world by revenue (for little ‘ol me). There are three total lawyers assigned to this case, with the primary one being Tara Z. Hall.
Hall denied everything in PayPal’s answering statement. She argued that I never informed PayPal three times to stop spamming us, despite all of the demands being documented. But that’s not the funny part. PayPal was now claiming that I had 152 violations of its Acceptable Use Policy because I sold a “pine needle cure for COVID-19.” PayPal, in its own brief (you can read the entire thing here), contradicts the entire company statement yesterday that backtracked on the $2,500 per violation for “misinformation” that can be taken directly from your account.
Here is a screenshot of the pertinent sections of the PayPal counterclaim brief.
RELATED: COVID Legal USA gets three copyright and trademark infringing websites, including thecovidworld.com, removed from the web, legal processes still ongoing (March 31, 2022)
PayPal is arguing that because the title of my June 7, 2021 editorial contains the phrase “pine needle tea cure” that I’m offering a cure for so-called COVID-19. First, that article contains over 2,000 words, with the word “COVID” appearing five times. All of those appearances reference COVID Legal USA or The COVID Blog™. You’d think if an article is about a cure for so-called COVID-19, it would say “COVID-19” repeatedly.
Second, look at how I always say “so-called COVID-19” here and in all other articles on this blog. As long-time subscribers and any reasonable person knows, The COVID Blog™ is not a member of that strange cult that believes every illness (or any illness for that matter) is so-called COVID-19. In fact one of our most popular articles still to this day is from April 13, 2021. It’s entitled “The greatest rebranding campaign of all-time is why the flu has all but disappeared in 2020-21.” “COVID-19” is simply rebranded flu, backed by the most coordinated propaganda campaign in human history.
Finally, selling a cure for so-called COVID-19 would be a federal crime. The Biden Justice Department, which trolls The COVID Blog™ all the time (we see their IP addresses constantly in analytics) would love nothing more than to see me behind bars. It’s frankly insulting that Hall conjured a tale that made me a member of the Church of COVID, with Fauci as lead pastor. Hall then declares that I’m spreading “misinformation” for posting links to 348 studies showing that hydroxychloroquine is a highly-effective treatment for so-called COVID-19. In other words, since PayPal dislikes those 348 studies, then said studies are “misinformation,” and $2,500 per violation (I think??).
And now the really fun part – the arbitrator.
The first one assigned to the case was a V.R. Bohman-clone named Stephen D. Marso, of Whitfield & Eddy Law Firm in Des Moines.
His arrogance and bias in favor of PayPal were evident from the very start of our first telephonic meeting. It wasn’t subtle at all. Despite arbitrators and attorneys being required to disclose all past and current relationships on their disclosures, Hall and Marso lied by omission on said disclosure. They left out the fact that both of them are part of the same nonprofit organization.
They tried playing the ignorance card when I filed the motion to dismiss Marso as arbitrator due to evident partiality. The American Arbitration Association agreed with me, and removed Marso on September 21. They just appointed a new arbitrator this morning. I’ll withhold her name since she at least deserves the benefit of the doubt. But based on her initial disclosures, it appears she and Hall are closer buddies than Hall and Marso.
And the beat goes on
PayPal is a lying, criminal organization. I haven’t even mentioned the whole “Delaware choice-of-law” thing. Paypal is essentially arguing that it is immune from California law because the User Agreement says so. PayPal is, again, headquartered in San Jose, California and all the infringing emails came from California. They type up their 100-page (or whatever) User Agreement and hide behind it while enriching their executives with one of the most elaborate RICO rackets in U.S. history.
I don’t even care if I win this thing anymore. It is all about gamesmanship at this point. Arbitration is an administrative remedy that must be exhausted before you can ask a federal judge to review the decision. Federal court is public; and I feel this process should be public for all to see as well.
I assume vaxx zealots will see this article, see that PayPal is contradicting its walk-back from yesterday, but still believe PayPal’s policy update was released in error. When it’s all said and done, all PayPal had to do is stop spamming us, pursuant to their own user agreement, and none of this would be happening. I just get a kick out of all this now, making these high-priced lawyers look like fools.
My mom named me Brian because of that 1971 movie “Brian’s Song.” In fact Brian was one of the top 5 or 6 baby name’s in the 1970s because of that movie. This Brian’s song entails perpetual daily hate and attacks from all angles, blog research/writing, book research/writing, COVID Legal USA, and the gym.
Today I am going to have a glass of wine, like right after this article is published. Why? Because New Year’s Eve was my last glass of wine; and I want one now. And afterwards, The Beat Goes On.
Stay vigilant and protect your friends and loved ones.
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