You Should Know

After facing backlash earlier this month, PayPal PYPL +1.9% rescinded a line in its policy stating that spreading misinformation on the platform would be subject to a $2,500 fine. Today, the remaining language leaves users and elected officials demanding more clarity over how the platform defines fine-worthy speech.

A part of PayPal’s user agreement that says any customer in violation of the platform’s “acceptable use” policy is subject to a $2,500 fine has been in place since at least 2013, according to the website’s archive. The fine had largely gone unnoticed until earlier this month when PayPal updated its acceptable use policy to state that messages which are “fraudulent, promote misinformation or are unlawful” are in violation of the policy and, by extension, subject to the fine. The “acceptable use” policy stated that determinations of which messages violated the policy would be made at “PayPal’s sole discretion.”

After drawing intense backlash from commentators stating that the policy could infringe upon free speech, the company rescinded the line in the policy citing misinformation and issued a statement saying it was posted in error on Monday, October 10. "PayPal is not fining people for misinformation and this language was never intended to be inserted in our policy," a spokesperson for the company said. PayPal’s former president David Marcus was among dissenters, posting a tweet objecting to the policy update, which was amplified further when Elon Musk responded “Agreed.”

“PayPal’s new AUP goes against everything I believe in,” Marcus’ tweet reads. “A private company now gets to decide to take your money if you say something they disagree with. Insanity.”

The note about misinformation was removed from the acceptable use terms, but the $2,500 penalty for violations remains, causing continued concern.

PayPal’s website still lists “provide false, inaccurate or misleading information” under the “restricted activities” portion of its policy. Violating the “restricted activities” portion does not result automatically in the $2,500 fine that breaching the “acceptable use” agreement does, but it may still result in charges, account suspension or other punitive actions.

Unfortunately for PayPal, now that the $2,500 fine has landed in the public eye, it has fallen under close scrutiny. “Concerned about this language still in PayPal’s terms of service – it’s vague and seems like it could be weaponized to control speech,” Representative Tom Emmer (R - MN) wrote in a tweet on Thursday.

The ordeal has spurred a call for people to delete their PayPal accounts with #PayPalCancelled and #DeleteVenmo gaining momentum on Twitter. Where the policy finally lands may be especially relevant to PayPal’s Venmo, a peer-to-peer payments network with a social media feed where users share messages attached to their public transactions.