July 5 (Reuters) - Australia's federal court has found
that PayPal's ( PYPL ) local unit used an unfair term in its
standard contracts with small business customers who overlooked
errors in overcharging, the country's securities regulator said
on Friday.
The court found the term was unfair because customers who
did not bring the overcharging errors to PayPal's ( PYPL ) notice within
60 days were forced to accept the fees as accurate, the
Australian Securities & Investments Commission (ASIC) said.
The ASIC had initiated court proceedings against PayPal ( PYPL ) over
this issue last September.
"Today's decision serves as a reminder to all businesses
that unfair contract terms contained within standard form
contracts with small businesses will not be tolerated, and that
ASIC will take decisive action where appropriate to protect the
rights of consumers and small businesses," ASIC Deputy Chair
Sarah Court said.
ASIC said that PayPal ( PYPL ) voluntarily assisted it during its
investigation.
PayPal ( PYPL ) agreed that the term was unfair, consented to the
declarations, and voluntarily removed the term from its
contracts on Nov. 8, 2023, according to the regulator.
"PayPal Australia takes our responsibility to our customers
very seriously and we have been working in full cooperation with
ASIC on this matter," a spokesperson for the company said.
The court also ordered PayPal ( PYPL ) to pay the ASIC's litigation
costs.