Call of Cthulhu's Sandy Petersen Sues Paypal Over Withheld Funds [UPDATED]

[UPDATED!] Sandy Petersen, author of Call of Cthulhu, is suing PayPal. He claims that PayPal has withheld over $57,000 raised via Kickstarter for a (video game) project in 2013. You can read the full 8-page filing here. "To date, however, defendants wrongfully refuse to release the funds that plaintiff’s customers attempted to pay and/or pledge to plaintiff, despite the fact that plaintiff has already sent the purchased/requested productions to many of these customers. In fact, defendants have acknowledged in writing that the records plaintiff provided show the plaintiff has fulfilled purchase orders of PayPal customers in the amount of at least $22,675.00. Defendants still refuse, however, to release even these funds." The case was filed in Dallas, Texas.

[UPDATED!] Sandy Petersen, author of Call of Cthulhu, is suing PayPal. He claims that PayPal has withheld over $57,000 raised via Kickstarter for a (video game) project in 2013. You can read the full 8-page filing here. "To date, however, defendants wrongfully refuse to release the funds that plaintiff’s customers attempted to pay and/or pledge to plaintiff, despite the fact that plaintiff has already sent the purchased/requested productions to many of these customers. In fact, defendants have acknowledged in writing that the records plaintiff provided show the plaintiff has fulfilled purchase orders of PayPal customers in the amount of at least $22,675.00. Defendants still refuse, however, to release even these funds." The case was filed in Dallas, Texas.

This isn't Petersen's most successful Kickstarter campaign -- he recently raised over $1M for the Cthulhu Wars: Onslaught Two horror game, and The Gods War board game which raised well over half a million dollars.

As the filing mentions, the amount Petersen asserts is being withheld by PayPal is $57.702.66. Petersen says he has provided shipping records which prove that 22,765 of product has been already shipped to backers, and that PayPal has refused to release the funds for over six months now. Petersen is asserting his right to a trial by jury.

Petersen is currently the Vice President of the Board of Directors of Chaosium (he and Greg Stafford returned to Chaosium in 2015)as well as president and chief designer at Petersen Entertainment.

UPDATE! I've heard from Ian Starcher, Business Manager at Petersen Games, who says he'll send some more information after the holidays but as a quick answer: "PayPal (out of the blue) froze/took 57k of Petersen Games money from ALL sources of income. Kickstarter, our website, etc."

It's the New Year, and Ian has sent a slightly longer update:

"PayPal held $57,000 from Petersen Games unlawfully and without giving a reason other than "risk to PayPal”. We have zero history of issues previously with PayPal in any fashion. They withheld money from our Kickstarter, from our website sales, basically any place we allowed our customers to pay us via PayPal.

We jumped through all the hoops they asked us to so we could show we shipped, etc. so that they’d pay us our money. It cost us thousands of dollars in extra staff expense just to go through all the hoops they said we’d have to get paid.

They still won't give us any of our money, giving the same vague non-answer. So we've filed with the courts and are waiting for their response, to go to court, or get a default judgement against them. So far it's cost us thousands of dollars in legal fees.

PayPal has done this to a lot of game companies. I don't know if these unlawful acts by PayPal extend beyond the gaming industry.

We're all small businesses. None of us can take this sort of financial hit or the huge distraction this causes from our core business – making great games."


I asked him to clarify the difference between PayPal and Kickstarter funds, and he kindly did so -- "I should be more specific, the KS post campaign pledge manager as I recall."


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Morrus

Well, that was fun
Staff member
It's not that easy if you're a seller. Cutting out PayPal means cutting out a vast swathe of your potential customer base.
 

Lwaxy

Cute but dangerous
Yeah unfortunately, it's standard as for some people it is almost impossible to buy anything internationally not using this so-called service. I've stopped using PayPal after they billed me twice for the same thing and then tried to insist they were right.

A German rpg company ran into the same issue this year. Not sure if it has been resolved yet.
 

guachi

Hero
Never use PayPal. I refuse to buy anything using PayPal so as not to potentially screw the person I bought from out of money.
 

I've had lower overall risk of CC fraud due to paypal, and never had a particular resolution issue. I'm not defending them, but pointing out that the experiences people have with paypal can vary, and for me it's been the service I will always default to for online payments. For retail I have found it a necessary service to offer, and as a consumer I wouldn't shop has as much online without it.
 

Well, until PayPal issues a statement, it's hard to have much of an informed opinion on the matter. It's interesting, and I hope you keep us informed.
 

fritsk

First Post
I have heard of this a couple of times. It seems paypal withholds money from projects/vendors they deem risky and keep it until the period has run out within which customers can complain. Basically they shift all the risk to the vendor. If the vendor actually needs the money to fulfill customers purchases then the vendor is out of luck, and possible out of business.
 

timbannock

Adventurer
Supporter
#Anecdote

The previous company I worked for primarily sold on eBay, so PayPal was a main means for transactions. In terms of keeping the money straight and secure, they did an admirable job for some 10-ish years, but as time went on, they held more and more of that money "in reserve" (I may be using the wrong term, it's been a few years). It got to the point where -- once we had other selling channels -- we were almost forced to push the hell out of our sales in either places so that we could make up for the fact that we couldn't access our PayPal money for months at a time, generally at least 6 months, sometimes more.

This leads me to believe that they do whatever they can to sit on money and gain interest before forking it over to the people who need it to simply pay their bills and get by. Maybe I'm wrong about that -- I don't know how they store the money -- but they certainly were jerks about it every single time we asked what the hold up was.
 

Lesson of the day: never ever use Paypal. I've been Paypal free for many years and my life only got better because of it.

I've used PayPal for 14 years. Zero problems with their services but I'm a buyer. I did sell a few things through the years using PayPal and no issues.

Nevertheless, I hope Sandy gets his money!
 

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