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View Full Version : Surely Neteller is protected from a breach of contract class action...


elonkra
01-19-2007, 10:26 PM
...in the contract they sign with you, correct?

jrbick
01-19-2007, 10:28 PM
?????????????????????????????????????

elonkra
01-19-2007, 10:30 PM
Are they breaching their contract?

DopamineRelease
01-19-2007, 10:56 PM
Do you mean by denying US customers the chance to withdraw funds via Neteller from merchant sites?

elonkra
01-19-2007, 11:21 PM
I should have prefaced my statement by clarifying that I don't really understand the specifics of what's going on, but it seems some folks (including myself) have money tied up in Neteller, and I'm simply wondering what Neteller's contractual obligations are in terms of making money availablle for prompt withdrawals, and whether they're breaching any of those obligations such that a suit could be brought for the damages caused thereby (lost interest/time-value of money).

Sniper
01-19-2007, 11:50 PM
Going to be hard to make a case that they are doing anything wrong by attempting to follow the law /images/graemlins/wink.gif

I don't believe there are any guarantees as to withdrawal times, so if what used to take 2 days is now taking 2 weeks... its really just an issue of being patient.

They are regulated by the FSA, fwiw.

JayA
01-19-2007, 11:52 PM
Interesting. Answer would be nice...so that I can hurry and get a pending EFT. /images/graemlins/grin.gif

webmonarch
01-20-2007, 06:18 AM
I'm an attorney, and I tell you that only as preface to my answer: Neteller is not going to be in breach of contract with its customers for following regulations. You can't be held liable for following applicable law.

In fact, Neteller would face greater liability by continuing to accept US customers (for gambling transactions) because a contract that is illegal is unenforceable, and if a subsequent customer was encouraged to sign up and somehow lost their money (because US confiscates, or whatever) Neteller would potentially be liable for an unconscionable contract (unlikely, but possible).

01-20-2007, 08:57 AM

Sniper
01-20-2007, 09:52 AM
[ QUOTE ]
.so do u think ill ever see that 540.

[/ QUOTE ]

You will see your money... just be patient...

davmcg
01-20-2007, 09:54 AM
[ QUOTE ]
You can't be held liable for following applicable law.

In fact, Neteller would face greater liability by continuing to accept US customers (for gambling transactions) because a contract that is illegal is unenforceable.

[/ QUOTE ]

You seem to be meekly accepting that they have broken the law. They have been charged with money laundering. Anti-money laundering laws were brought in to counter those who attempt to legitimise the profits of drug trafficking etc.

The charges brought against the Neteller founders are a gross abuse of the legal system. Those bringing the charges are perfectly aware that they have had to create a situation that very tenuously could be an offence - i.e. it has to be tested in court - and certainly are aware the the legislation was not created to deal with this issue. They entirely ignore that the are creating contempt for the rule of law and for their offices.

01-20-2007, 10:34 AM

Sniper
01-20-2007, 12:46 PM
[ QUOTE ]
would it have made a difference if i cashed out on tuesday instead of wednesday n ight....my transaction still pending man

[/ QUOTE ]

Based on reports from others, it would not have made a difference... you will likely be waiting for 2 weeks...

JPFisher55
01-20-2007, 01:10 PM
[/ QUOTE ] You seem to be meekly accepting that they have broken the law. They have been charged with money laundering. Anti-money laundering laws were brought in to counter those who attempt to legitimise the profits of drug trafficking etc.

The charges brought against the Neteller founders are a gross abuse of the legal system. Those bringing the charges are perfectly aware that they have had to create a situation that very tenuously could be an offence - i.e. it has to be tested in court - and certainly are aware the the legislation was not created to deal with this issue. They entirely ignore that the are creating contempt for the rule of law and for their offices.

[/ QUOTE ]

I agree completely with these statements. However, Neteller had terms in their user agreement permitting them to terminate the agreement at any time.

webmonarch
01-20-2007, 02:00 PM
[ QUOTE ]
You seem to be meekly accepting that they have broken the law. They have been charged with money laundering. Anti-money laundering laws were brought in to counter those who attempt to legitimise the profits of drug trafficking etc.

The charges brought against the Neteller founders are a gross abuse of the legal system. Those bringing the charges are perfectly aware that they have had to create a situation that very tenuously could be an offence - i.e. it has to be tested in court - and certainly are aware the the legislation was not created to deal with this issue. They entirely ignore that the are creating contempt for the rule of law and for their offices.

[/ QUOTE ]

The original question was whether there could be a class action on contractual grounds. My answer still applies.

Money laundering, etc. wouldn't lead to a class action. What are your damages?

DrewOnTilt
01-20-2007, 02:42 PM
[ QUOTE ]
would it have made a difference if i cashed out on tuesday instead of wednesday n ight....my transaction still pending man

[/ QUOTE ]

If you have the Neteller ATM card then you can call customer service and ask for the EFT to be cancelled, then transfer the funds to your ATM card. I did just that, and it worked.