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JENNIFER BALABANIAN V. PAYPAL CANADA CO. & AL.

NOTICE OF APPLICATION FOR AUTHORIZATION TO INSTITUTE A CLASS ACTION:

C.C.M. 500-06-000910-188

IMK LLP has filed an Application for Authorization to Institute a Class Action on behalf of the proposed class representative, Jennifer Balabanian, against the defendants PayPal Canada Co., PayPal Ca Limited and PayPal Holdings Inc. The proposed class includes the following four groups (collectively, the “Class Members”).

Class 1: All Quebec residents who, from the date upon which the Defendants began performing currency conversions in Quebec, purchased goods or services using the Defendants’ payment system in a currency other than the currency in which the goods or services were offered for sale.

Class 2: All Quebec consumers who, from the date upon which the Defendants began performing currency conversions in Quebec, purchased goods or services using the Defendants’ payment system in a currency other than the currency in which the goods or services were offered for sale.

Class 3: All Quebec residents who held accounts with PayPal Canada, who, from the date upon which the Defendants began performing currency conversions in Quebec, withdrew funds from their accounts that the Defendants converted to Canadian dollars before transferring the funds to the individuals’ linked bank accounts and credit cards.

Class 4: All Quebec consumers who held accounts with PayPal Canada, who, from the date upon which the Defendants began performing currency conversions in Quebec, withdrew funds from their accounts that the Defendants converted to Canadian dollars before transferring the funds to the individuals’ linked bank accounts and credit cards.

The global technology platform known as “PayPal” processes online payment transactions around the world and facilitates online global commerce. The defendants operate the PayPal payments system used by the Class Members, perform currency conversions on that platform, and obtain the fees in respect of such conversions charged to the Class Members.

The action alleges that the defendants committed a contractual fault by systematically charging the Class Members undisclosed fees in connection with (a) the exchange of currency in transactions effected using the defendants’ payment systems and (b) the exchange of foreign currency upon withdrawal of funds from accounts held with the defendants. According to the action, the defendants’ contractual disclosure is grossly inadequate, intentionally vague, deceptive and misleading.

The action is seeking the reimbursement of the undisclosed fees charged by the defendants and punitive damages on behalf of all Class Members who are “consumers” within the meaning of the Quebec Consumer Protection Act.

Under Quebec law, everyone in Quebec who is a member of the Class is automatically included unless they decide to opt out. The opt-out procedure will be determined at a later date by the Court if the case is authorized, so there is nothing that you are required to do right now. However, if you wish to share information with us, please contact us at cmckenzie@imk.ca or maber@imk.ca or call 514 935-4460 and ask to speak to Catherine McKenzie or Mouna Aber.

REGISTRATION FORM

NOTICE:
Please note that by completing this form you are merely indicating your interest in the class action and that no compensation is guaranteed. We will not be analysing your individual case at this time and you may not be eligible for the class action.

It is the court's role to decide whether the class action is well-founded, whether there will be any compensation and what that compensation will be. The court will also determine who is eligible to receive that compensation, as the case may be, and can modify the group definition, which could result in your exclusion from the class action.

We will advise everyone who has registered for the class action of the outcome and we may provide other updates from time to time. Please notify us of any changes in your address or email address.

By completing this form you agree that we may communicate with you through the email address provided.
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