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."


sandy-grin.jpg

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Von Ether

Legend
Side story: I had the pleasure of interviewing Sandy once. We went to his house with a full crew and did a long and in depth interview. Unfortunately, I was not a good enough interviewer to keep such an... hrm... energetic guy on track. It was a mess so we ended up scrapping the whole thing.

My crew tried to do a podcast with Micheal Winslow once. He was awesome and funny and we just decided to let him take the ball and run with it. Our cheeks hurt when he was finished.
 

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tenkar

Old School Blogger
and Kickstarter doesn't use Paypal as a payment option. So, I'm assuming this was actually using Backerkit or some such AFTER the KS Campaign has ended.
 


Brandegoris

First Post
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I haven't been able to met Sandy in person ( I know he is A fantastic person though as I am friends With Greg Stafford).
Both men are really such nice guys. Greg has told me stories of the industry and the things that he has went through legally at different points of his Career, and it is often unpleasant to say the least.
Im Glad Sandy is back to Chaosium and doing what he does best ( Cthulhu!)
I play Tested For Greg a few Years ago. He and his Wife Suzanne ran the game ( though I did GM a few sessions of my own). We completed the entire Great Pendragon Campaign and it took 2 years!
But Greg Spoke a little to Sandy when I was around and also told a lot of fond stories of him and great Respect!
 

Greatwyrm

Been here a while...
Looking at the court filing, fraud (civil or criminal) doesn't enter into this situation. Looking at the Causes of Action, we have:

Conversion -- Basically holding on to something and acting like it's your's when it isn't. Normally this would be handled by the court forcing you to give the wronged person their stuff.

Money Had and Received -- Refusing to turn over money that everybody agrees belongs to the other party.

Tortious Interference -- This is purposely acting outside the terms of a contract in a way that hurts the other party. Here, that would be loss of income or extra expense incurred by Petersen. A little tougher to prove, but can get actual and punitive damages.

Breach of Fiduciary Duty -- This is a really bad one for anyone acting in financial services (banking, insurance, investing). If you're the middle-man for someone's money, you're held to a higher standard in making sure all the money gets where it's supposed to go. In a civil case, this can get you punitive damages as well as a visit from whatever government regulators you work under.

Breach of Contract -- Probably the most known of these and likely the easiest to prove. If you agree to the rules in writing, you have to follow them.
 

Morrus

Well, that was fun
Staff member
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."
 

This who CoC KS was a fiasco; does not surprise me, something has been rotten in this Denmark since 7e was announced and millions of dollars misappropriated and misspent. All the money I gave to this company has yielded me about 2/3rds of what I put into it. Never again will I give so much money to a company on a KS campaign.

This being the reason why Sandy Peterson and Greg Stafford chose to assert themselves and buy out Chaosium to change the management of the company. You are conflating two different things, and targeting the blame on the wrong parties.
 

ArchfiendBobbie

First Post
I stopped trusting Paypal years ago, after they blocked funds for two charities due to the high number of transactions those charities had. Both charities, as I remember, ended up badly burned by it. After the second instance, I decided to walk away.

And this is the latest in a long, long line of shady actions I've heard of by the company towards people who use it as a storefront. Ultimately, if your choice is to use Paypal or go out of business, I'd suggest dusting off your resume and checking job openings.
 

Jhaelen

First Post
Paypal also has the dubious position of being a bank without legally being a bank, at least in the U.S. Therefore a lot of laws (such as FDIC insurance, which all banks must have, I believe) don't apply. It's a little shady, ethically speaking, but I use them, for the same reasons - it's convenient.
Yep, same here. I use PayPal (as a buyer) a lot despite really disliking it. I recall scanning the 250+ pages of their User Agreement several years back and there's some downright scary stuff in there.

But when I recently tried to reserve tickets for the Essen Spiel 2016 online, I was stymied because they didn't support payments via PayPal. I tried paying using my credit card but I just couldn't get it to work because they had switched to a new, 'safer' method for online payment, that I first had to register my card for. It took a long call to customer service, waiting for a printed key, and wading through several web pages before I was able to actually use it again. Naturally, it was too late to reserve the tickets by then.
 


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