[HN Gopher] Don't store cash in Venmo and PayPal, US regulator w...
       ___________________________________________________________________
        
       Don't store cash in Venmo and PayPal, US regulator warns
        
       Author : thunderbong
       Score  : 161 points
       Date   : 2023-06-03 16:56 UTC (6 hours ago)
        
 (HTM) web link (www.cnn.com)
 (TXT) w3m dump (www.cnn.com)
        
       | digdigdag wrote:
       | Instead of warning consumers, why not do what regulators do and,
       | well, regulate? Here, you have entities storing unsecured funds
       | and doing god knows what with it. In the interest of the public
       | good, a just government and a conscientious regulatory body
       | wouldn't busy itself warning anyone. Rather, they would be
       | bringing down the hammer on these entities and making them an
       | example of what happens to companies that try to destabilize the
       | financial system.
        
         | [deleted]
        
         | LapsangGuzzler wrote:
         | > a just government and a conscientious regulatory body
         | wouldn't busy itself warning anyone.
         | 
         | Regulatory bodies issue warnings all the time, that's one of
         | the most essential functions of a government. Why? Because we
         | don't like it when the government unilaterally acts on our
         | behalf.
         | 
         | Warning people is also the cheapest option here, which matters
         | in a society that is constantly obsessed with government
         | spending. There are tons of bank-adjacent services out there
         | (pay-day loans are just one example) and it would cost a
         | fortune in legal fees to force everyone that holds cash for
         | customers to register as a bank.
         | 
         | This way, consumers know the risks and businesses don't need to
         | take on excessive regulatory burden. How is that a government
         | failure?
        
           | ouid wrote:
           | >the government unilaterally acts on our behalf.
           | 
           | The fuck are you smoking? We elected them to do exactly that.
        
           | Johnny555 wrote:
           | _Because we don 't like it when the government unilaterally
           | acts on our behalf_
           | 
           | We're not all libertarians and many of us believe that the
           | government has a hand in promoting a well functioning society
           | -- including regulating bank-like entities to be sure that
           | they are a safe place to keep our cash.
           | 
           | While I _know_ that Paypal isn 't a bank, it's not at all
           | obvious that my money is less safe stored in my Paypal
           | account than in a bank and that if Paypal goes bankrupt
           | tomorrow, I can lose whatever cash I have with them.
        
             | ryandrake wrote:
             | Exactly. If I had to pick only one job that I want the
             | government to do, it would be coming down like a ton of
             | bricks on companies that are behaving badly and profiting
             | at the people's expense.
             | 
             | Most of the problems in the USA right now can be root
             | caused to "the rich and corporations running roughshod over
             | everything and everyone."
        
           | bumby wrote:
           | Not the same as govt failure, but possibly govt
           | ineffectiveness. If all the govt did was warn, we may not
           | have the mental bandwidth to process all that into rational
           | actions. We rely on on institutions to act on our behalf to
           | overcome this limitation. The question is really about where
           | the risk threshold is that transitions their role from
           | warning to regulating.
        
             | LapsangGuzzler wrote:
             | > If all the govt did was warn, we may not have the mental
             | bandwidth to process all that into rational actions.
             | 
             | The government does not exist to make sure that you just
             | get the right amount of information that you need so you
             | aren't cognitively overburdened while they handle
             | everything else for you behind the scenes. It's never
             | worked that way.
             | 
             | > The question is really about where the risk threshold is
             | that transitions their role from warning to regulating.
             | 
             | This came from CFPB, which exists primarily to warn against
             | bad actors in the financial world. They're positioned to do
             | this largely because the finance industry has repeatedly
             | lobbied successfully to block effective regulation. To get
             | around this, Elizabeth Warren created CFPB as an office
             | explicitly to watch how the finance industry interacts with
             | consumers post-2008. The fact that this warning even exists
             | represents an improvement because CFPB was created exactly
             | to do this. They do not have the power to declare who's a
             | bank and who's not.
             | 
             | And to be clear, PayPal et al haven't committed any crimes
             | here, CFPB is just pointing out that they're not insured as
             | bank so you can't rely on the government bailing them out.
             | CFPB sued Wells Fargo over the fraudulent account scandal,
             | etc. They're more than capable of acting when crime has
             | occurred. The problem (and this is the product of the
             | finance industry understanding the game) is that a company
             | failing isn't itself a crime. No bank execs went to prison
             | over 2008 because they didn't commit any crimes as the
             | legal system defines them. The best thing the government
             | can do in so many cases is warn people not to be stupid
             | with their money. They can't actually manage it for you.
        
               | MereInterest wrote:
               | > It's never worked that way.
               | 
               | Yes, it has. When the FDA was formed in 1906, it didn't
               | write memos to notify buyers about the state of the meat-
               | packing industry, it banned them. When thalidomide was
               | found to cause birth defects, it was banned.
               | 
               | When the Federal Reserve Act was passed, the result was
               | not just a letter written to customers of specific banks.
               | It brought specific changes on how banks may legally
               | operate.
        
           | zzzeek wrote:
           | > This way, consumers know the risks
           | 
           | going to guess most paypal / venmo users don't read the WSJ
           | and likely missed "CFPB Director Rohit Chopra's Thursday
           | statement"
           | 
           | even if 50% of paypal's users did, that means "the
           | government" is servicing only those consumers that have lots
           | of free time and motivation to be reading the business
           | section. for those losers working 12 hour days who lose their
           | money stored up in venmo someday, sucks for them!
           | 
           | nope, I like the regulation idea here.
        
         | nerdponx wrote:
         | Maybe the problem is that they do not have jurisdiction to
         | regulate these organizations, so the best they can do is issue
         | warnings.
         | 
         | That or it's regulatory capture. Hard to say without knowing
         | the details of relevant legislation and case law.
        
           | kevin_thibedeau wrote:
           | They really should force US Paypal to become a bank. Clearly
           | that is workable for their European operations.
        
             | chmod775 wrote:
             | PayPal is already a bank in Europe, so it should be
             | workable indeed.
        
       | logical_ferry wrote:
       | I have used PayPal once or twice some 15 years ago when I bought
       | some stuff on eBay, but never since, I never had any need
       | afterwards. I didn't quite understand it back then, I was rather
       | young.
       | 
       | Nowadays I buy from web shops when I need something, I give them
       | my one time Revolut debit card number and that's it, risk free.
       | 
       | So my question is:
       | 
       | Why would someone use PayPal? What is the use case here?
        
         | silisili wrote:
         | Many sites require PayPal for purchases, unfortunately. I'm not
         | sure how many people just love using it otherwise...
        
         | whoopdedo wrote:
         | You would use PayPal exactly the same way you use Revolut since
         | they live in the same space. Neither provides insurance for
         | deposits, which is what the CFPB is cautioning against in TFA.
         | So I return the question to you. Why would someone use Revolut
         | over PayPal? That's a rhetorical question, you don't need to
         | answer.
         | 
         | (Law of the internet: if an opinion/review of a product
         | mentions a competing product by name then it is in fact an
         | advertisement for the competing product.)
        
           | PeterisP wrote:
           | At least for me (in EU) both PayPal and Revolut are literally
           | banks and both provide deposit insurance - most likely
           | because they don't have a choice.
        
       | mikece wrote:
       | I have tried removing the several hundred still in a frozen
       | PayPal account (for over three years now) but PayPal won't give
       | me access to MY money nor will they tell me how to get access in
       | order to remove it.
       | 
       | They are nothing more than common criminals in FinTech drag, in
       | my opinion.
        
       | cratermoon wrote:
       | So the regulator's solution is not to rein in the problematic
       | behavior using their regulatory power, but to tell people to be
       | individually responsible? It's OK for Venmo and PayPal to go on
       | being predatory because why?
        
         | JumpCrisscross wrote:
         | > _the regulator 's solution is not to rein in the problematic
         | behavior using their regulatory power_
         | 
         | What regulatory power does the CFPB have over PayPal in this
         | matter? Particularly in respect of deposit insurance?
        
           | cratermoon wrote:
           | That's a fair criticism if we are looking at "regulator" to
           | strictly apply only to the CFPB. However, the government of
           | which the CFPB is a part is able to regulate financial
           | institutions, but has not.
        
       | seydor wrote:
       | In europe, they are a bank which means that deposits are insured
       | 
       | In any case, evidently Paypal has been more stable than banks.
       | 
       | There's a real need for digital payments and none of the
       | regulatory frameworks in europe or america take that seriously.
       | So people will keep flocking to those easy to use ubiquitous
       | services
        
         | charrondev wrote:
         | There's SEPA in Europe and Interac in Canada.
         | 
         | In the US I've had decent luck with Zelle in the past (my bank
         | had support for sending with it), but recently I've just been
         | using Apple Cash with family.
        
         | noAnswer wrote:
         | "More stable" in what way?
         | 
         | It's the only bank/money service I used that terminated my
         | account. I didn't used it very much. One day I got an email
         | that I violated TOS. (At first I thought it was fishing. lol)
         | They gave me 180 days to withdraw funds, though. (Which is nice
         | of them. I guess.) My last payment/money transfer before the
         | ban was a donation to OpenBSD. That shouldn't be illegal.
         | 
         | My boss used Paypal for several years for odd eBay sells.
         | (Commercially, but only three, four times a year.) When they
         | suddenly wanted to see copies of bills and passports. He
         | eventually gave up, with still around ~100EUR locked up.
        
         | dsr_ wrote:
         | You can't say "Paypal has been more stable than banks" until
         | you read the regulator's report.
         | 
         | Have you?
        
         | madsbuch wrote:
         | In Europe you have SEPA. That insures that you can send EUR
         | between all European banks instantly for free.
        
           | teetertater wrote:
           | Receiving SEPA is not instant however, it usually takes 24
           | hrs or longer in case of weekends.
           | 
           | When I lived in Canada I really took e-transfer for granted
           | and was surprised to learn it's not a thing in other places.
        
             | hocuspocus wrote:
             | The SEPA Instant Credit Transfer rollout has started a few
             | years ago, it's really common today.
             | 
             | But even old school SEPA transfers shouldn't take more than
             | a few hours nowadays, outside weekends and holidays.
        
             | rini17 wrote:
             | There's instant SEPA being rolled in, if sender and
             | receiver bank support it.
        
       | AH4oFVbPT4f8 wrote:
       | I learned this the hard way nearly many years ago. Sold an item
       | via eBay, customer paid via PayPal. PayPal accepted the funds I
       | shipped the product and thought all was well until PayPal takes
       | the money back saying the customers card was stolen. So then I
       | was out the item and the money. I don't keep a cent in the
       | account for a second longer than I have to now.
        
         | gnopgnip wrote:
         | With paypal as long as you ship to the paypal address and have
         | proof of delivery you are covered under seller protection. Most
         | other credit card processors don't provide this.
        
         | wcoenen wrote:
         | When you accept Paypal payments, you are accepting credit card
         | payments. Credit card payments can easily be reversed. For the
         | payer this is a feature, and for the payee this is a risk.
         | 
         | So this doesn't sound like a Paypal-specific issue. The same
         | could have happened if you accepted credit card payments
         | through some other entity like Square.
        
           | xp84 wrote:
           | Yes and no. PayPal and eBay are both notoriously "buyer-
           | biased" - meaning the chance of a buyer dispute being
           | resolved in the seller's favor is basically none, while with
           | a normal credit card, it's possible for a seller to win if
           | you have good evidence. It's guaranteed that if you buy a
           | laptop, even from a seller with a great reputation, and send
           | them a picture of a box with a brick that supposedly was
           | delivered, PayPal and eBay will both rule in your favor. They
           | can afford to completely burn sellers like that (who may not
           | even have a viable plan B) more than they can afford word
           | catching on among consumers that you can simply lose your
           | money to fraud on the platform.
        
           | pessimizer wrote:
           | > When you accept Paypal payments, you are accepting credit
           | card payments.
           | 
           | When you accept Paypal payments, you get no access to the
           | customer's credit card information or identification. This is
           | either a legal interpretation that allows Paypal to push all
           | of its risk down to its customers and make money for nothing,
           | or the actual law is explicitly allowing Paypal to push all
           | of its risk down to its customers and make money for nothing,
           | but either way it's corrupt.
        
       | jt2190 wrote:
       | Source:
       | 
       | Consumer Financial Protection Bureau Consumer advisory: "Your
       | money is at greater risk when you hold it in a payment app,
       | instead of moving it to an account with deposit insurance", June
       | 1, 2023 https://www.consumerfinance.gov/about-
       | us/newsroom/consumer-a...
        
         | reaperducer wrote:
         | Common sense. My accountant warned me about this years ago.
         | 
         | Just because it acts like a bank doesn't mean it's a bank.
        
           | gregschlom wrote:
           | It's not really common sense if you need a professional to
           | give you this piece of advice, though.
        
         | bombcar wrote:
         | Banks are also more regulated than PayPal and when they screw
         | you over you can complain to a banking regulator who can make
         | their life hell.
        
           | droopyEyelids wrote:
           | You're correct and I want to tell other readers that
           | PayPal/Square are regulated by the CFPB and the CFPB is a
           | very useful way for a regular person without a lawyer to
           | fight back when something goes wrong.
        
       | lvl102 wrote:
       | Paypal and its CEO are the worst. They screwed over so many
       | people during the pandemic.
        
       | zakember wrote:
       | The UPI system adopted by India sounds promising to solve
       | problems like these, where users can use the app of their choice
       | and connect it to the bank account of their choice.
       | 
       | Eventually, you have a system where bank-to-bank transfers happen
       | instantly with no intermediary apps holding your money.
       | 
       | https://en.wikipedia.org/wiki/Unified_Payments_Interface
        
       | matthewgrossman wrote:
       | I recently had my venmo account terminated out of the blue, and
       | this is the best explanation they could give me:
       | 
       | > We have systems in place that monitor activity on Venmo, but
       | please note that we don't reveal information about our internal
       | systems in order to keep these systems robust. However, I'd
       | recommend looking over our User Agreement for information on our
       | policies surrounding acceptable use and high risk activity.
       | 
       | > I apologize that we're no longer able to assist you.
       | 
       | Thankfully I was able withdraw my cash, but I've been telling
       | everyone I know to be careful when dealing with venmo; you really
       | can't trust them
        
         | twelve40 wrote:
         | now that zelle has adoption I don't even know what venmo adds
         | anyway
         | 
         | I still use the old paypal for juggling payment methods, like
         | when I leave a credit card at a bar and cancel it, I don't have
         | to punch in a new one everywhere, just paypal.
         | 
         | but cash transfers to people have been bank to bank anyway so
         | no need for extra services there anymore.
        
           | mulmen wrote:
           | I can never get zelle to actually work. I get into some
           | endless loop of email validation and can't actually send
           | anything.
        
             | twelve40 wrote:
             | take it up with your bank i guess? been using them for
             | years with my bank regularly
        
         | pgwhalen wrote:
         | What sort of account activity of yours was suspicious to them,
         | do you think?
        
           | chrisbolt wrote:
           | Here's an example:
           | https://news.ycombinator.com/item?id=33410044
           | 
           | Seems that Venmo thinks they should be enforcing sanctions
           | against Cuban restaurants in the US.
        
             | matthewgrossman wrote:
             | I could also believe that something dumb my friend or I
             | said was flagged by their systems. Unfortunately they won't
             | talk to me, let me explain any transactions, or give any
             | hints about which transaction caused the ban -\\_(tsu)_/-.
             | I've never had any warnings either; straight to
             | permabanned.
             | 
             | Salt in the wounds was watching John Mulaney's bit on
             | venmo[1] the next week
             | 
             | [1] https://www.youtube.com/watch?v=DBpDvCu8yYI
        
           | matthewgrossman wrote:
           | My theory (which I included in my emails) was that I was
           | receiving funds from people I hadn't transacted with before.
           | For my wedding, I had requested money for a "housing fund",
           | and many friends/cousins/parents'-friends/etc were gifting
           | via venmo
        
       | chaostheory wrote:
       | This is harder to discern with Apple Pay since there's now an
       | Apple savings account backed by Goldman Sachs, an FDIC member
       | 
       | https://www.nerdwallet.com/article/banking/apples-new-4-15-a...
        
         | thoughtsimple wrote:
         | "These apps are also not immune to the same type of panic-based
         | bank run that closed down Silicon Valley Bank and others
         | recently, the agency added."
         | 
         | I'm thinking that worrying about Apple going the way of SVB
         | isn't much of a risk.
        
       | digitalsin wrote:
       | My Wife has had a small home-based business for 10 years and her
       | customers pay through PayPal about 50% of the time. It was going
       | great until she had a major surgery and put her business on hold
       | for a few months. When she was able to resume, PayPal decided,
       | seemingly arbitrarily, to hold all customer payments for 21
       | business days going forward because her sales had dropped. That's
       | all, that's the reason that was given to her.
       | 
       | As a small business, this is devastating and there is absolutely
       | nothing that can be done about it unless she increases her sales
       | back to what they were previously, which unfortunately is
       | unlikely given the inflation and economy here in the US. Anyone
       | who runs a small business knows that you need cash to buy more
       | inventory, and if your liquidity is sitting in PayPal so they can
       | get interest on it, your sales are going to slow way, way down.
       | 
       | In 10 years (nearly 11) she has had one customer complaint
       | through PayPal. The customer said she never received her item
       | because, according to the customer herself, it was stolen from
       | her porch after USPS delivered it. In what world is that the
       | seller's fault? Only in PayPal's (and apparently this particular
       | customer).
       | 
       | That is an incredible track record given that period of time and
       | the number of sales she has had (10s of thousands of purchases
       | over that period).
       | 
       | Many of her customers have said they would go elsewhere if she
       | drops PayPal as a payment provider, which will only make things
       | worse (much of her business is repeat business, like 80%).
       | 
       | PayPal finds or manufactures reasons to hold the money you worked
       | your butt off to earn so they can sit on it and, I guess, earn
       | interest. You have no recourse. Zero.
       | 
       | Stay far away from PayPal.
        
         | jacquesm wrote:
         | This is actually the one thing that makes some sense in their
         | fraud policies. It goes like this: if a business is growing
         | then chargebacks that roll in later will roll in against a
         | larger volume of transactions, so the merchant will be most
         | likely flush enough to be able to pay the fees and roll back
         | the charges. If there is a steady state then as long as things
         | don't get into very high risk territory it should all still
         | work.
         | 
         | But if a business shrinks then suddenly PayPal itself becomes
         | exposed: the volume in sales could drop faster than the
         | liability from recent sales that are still in the chargeback
         | window reduces and at some point there may be the possibility
         | that PayPal will have to cover chargebacks for the newly
         | defunct merchant. To guard against this possibility any rapid
         | drop in charge volume will result in an increase in the hold
         | back time.
         | 
         | So while understandably very annoying it does make some sense.
         | 
         | (I can't believe I've found a reason to stand up for PayPal for
         | once and I hate them with a passion but this is simply the way
         | any party that uses a shared merchant account will deal with
         | the problem, if you don't want to have this you'll have to
         | bring your own merchant account along and then things will be a
         | little bit easier, but VISA, MC and AMEX all have similar rules
         | on their books).
        
       | KingOfCoders wrote:
       | A company I've worked for transfered all money out of PayPal each
       | night.
        
       | iinnPP wrote:
       | Paypal locked my account and won't do anything unless I provide
       | data to prove something I care not to prove. All unsubscribe
       | mechanisms are locked behind a login...
       | 
       | The result has been a complaint to the CRTC(Canada) for sending
       | CEM emails without an unsubscribe mechanism. Oops.
        
       | booleandilemma wrote:
       | Surely I can continue to leave the $20 I have in there?
        
         | StimDeck wrote:
         | [dead]
        
       | lowbloodsugar wrote:
       | Question: why are they not regulated like banks? They look like a
       | bank to me.
        
         | mwsfc wrote:
         | They are licensed as a money transmitter like Western Union. It
         | is a lessor form of regulation. So while they look "bank like"
         | in some things they are not legally a bank.
        
         | xp84 wrote:
         | Good lobbying. They just do everything a bank does without any
         | of the obligations. Honestly I'm surprised some real banks have
         | not tried to become like PayPal to allow more sleaziness.
        
         | tgv wrote:
         | They can ask to be considered a bank. That would require them
         | to implement all those regulations. I'm sure they don't like
         | the idea.
        
       | vezycash wrote:
       | Forget insurance, paypal terminates accounts on a whim.
       | 
       | I've not logged into my PayPal account in at least a year but got
       | a termination notice for policy violation.
       | 
       | That's the real threat.
        
         | xp84 wrote:
         | Yup, and all because they are (and always have been) "not a
         | bank" -- just a _tech_ company that you deposit your money
         | into, who makes loans and investments with that money, and
         | provides services to help you move that money around. It's
         | completely different, see?
        
           | jacquesm wrote:
           | In Europe they _are_ a bank:
           | 
           | https://www.finextra.com/newsarticle/16927/paypal-gets-
           | banki...
        
         | AH4oFVbPT4f8 wrote:
         | They also like to suspend funds when they want or when it
         | benefits them.
        
         | zamalek wrote:
         | I have heard this has happened so many times that I'm curious
         | they consider terminated accounts as a source of revenue.
        
         | pavlov wrote:
         | This is their entire business model. The service they offer is
         | predicated on aggressive fraud detection with lots of false
         | positives.
         | 
         | Don't use PayPal if this doesn't sound appealing.
        
         | LinuxBender wrote:
         | Adding to that their plans to engage in fining people for _"
         | misinformation"_ [1][2] They back-peddled but I would not be
         | surprised to see them take another stab at it.
         | 
         | [1] - https://www.forbes.com/sites/emilymason/2022/10/27/after-
         | pay...
         | 
         | [2] - https://jolt.law.harvard.edu/digest/paypals-
         | misinformation-f...
        
           | tifik wrote:
           | I would put "misinformation" into quotes, because iirc the
           | policy was written so vaguely that it basically allowed them
           | to fine you for whatever they disagreed with.
        
             | ajkdhcb2 wrote:
             | Isnt that what misinformation always means?
        
               | wizzwizz4 wrote:
               | No. Some organisations go to great lengths to try to
               | narrow down what counts as "misinformation". But it's
               | tricky: the campaigns they're trying to protect against
               | are usually politically-motivated, and international
               | regional politics is a fast-changing field, and any
               | policy you put in place will be immediately gamed.
               | 
               | It's like SEO, but with more lying.
        
             | LinuxBender wrote:
             | Agreed, I should have caught that. [Fixed]
             | 
             | That is one of the reasons I terminated my account _of 20
             | years_ without hesitation.
        
         | vwcx wrote:
         | And it's been the threat for 20 years.
         | 
         | Wayback Machine (May 23, 2003):
         | https://web.archive.org/web/20030523125359/http://paypalsuck...
        
       | neilv wrote:
       | Also, I wouldn't give them direct access to my main bank account.
       | 
       | You don't want online fraud or some dotcom's Kafkaesque behavior
       | to unexpectedly empty your main account of money that you need to
       | pay rent, and have the dotcom simply refuse to talk with you.
       | 
       | In general, I try to minimize how much money I have sitting in
       | dotcoms ('move fast, break things, disregard regulations, cash
       | out' sociopathy). Relatively trustworthy are some traditional
       | institutions (e.g., Fidelity Investments, some retail banks and
       | credit unions).
        
       | heliodor wrote:
       | > But industry trade group the Financial Technology Association,
       | which represents both firms, defended the safety of the funds.
       | 
       | > "Tens of millions of American consumers and small businesses
       | rely on payment apps to better spend, manage, and send their
       | money. These accounts are safe and transparent," the group said
       | in the statement. "FTA members provide clear and easy-to-
       | understand terms in all their products and prioritize consumer
       | protection every step of the way."
       | 
       | I don't see where the defense is in that statement!
        
         | George83728 wrote:
         | The defense (lie) is here: _" These accounts are safe and
         | transparent,"_
         | 
         | Safe: No, people lose their money to these companies all the
         | time.
         | 
         | Transparent: No, these companies stonewall people after
         | stealing their money. They claim this stonewalling is legally
         | required by AML laws or to deny information to criminals, but
         | no matter which way you slice it, 'transparent' is a lie.
        
       | toomuchtodo wrote:
       | Good timing with FedNow going live, negating the need for these
       | wallets. CFPB at the top of their game.
        
       | esafak wrote:
       | I previously read here that you should not let them access your
       | bank accounts, either, because they can somehow freeze them too.
       | Is that true?
        
       | elforce002 wrote:
       | Cash is still king. I don't want to live in a society where few
       | corporations and banks have control over the money supply.
        
       ___________________________________________________________________
       (page generated 2023-06-03 23:00 UTC)