Калифорнийская досудебная претензия о заморозке счёта Stripe

[Your Name / Business Name] [Your Address] [City, CA ZIP] [Your Email] [Date] Stripe, Inc. Attn: Legal Department 354 Oyster Point Boulevard South San Francisco, CA 94080 Via Email: legal@stripe.com Via Certified Mail, Return Receipt Requested Re: Demand for Release of Frozen Funds and Account Reinstatement Account ID: [acct_XXXXXXXXXX] Frozen Amount: $[Amount] Freeze Date: [Date] Dear Stripe Legal Department: I represent [myself/my company, Business Name], a California [sole proprietorship/LLC/corporation] operating in [City], California. I am writing to demand immediate release of $[Amount] frozen in my Stripe account since [Date], and to address the wrongful termination/suspension of my merchant account. ACCOUNT HISTORY AND BUSINESS OPERATIONS I have operated a Stripe account since [Year], processing approximately $[Monthly Volume] monthly in legitimate [describe business - e.g., "e-commerce sales of consumer electronics"]. Prior to the freeze, my account was in good standing with a chargeback rate of [X.XX]%, well below industry standards and Stripe's 1% threshold. My business is properly licensed in California, operates in full compliance with applicable law, and has never engaged in prohibited activities under Stripe's Terms of Service. FACTS REGARDING THE FREEZE On [Date], I received notification that Stripe had [frozen my account/placed funds on hold/terminated my account] citing [quote Stripe's stated reason, e.g., "elevated risk" or "violation of Terms of Service"]. [Describe specific circumstances:] - The freeze occurred [with/without] prior warning - Stripe has provided [no specific/limited/the following] explanation: [details] - I have submitted [describe documentation provided] in response to Stripe's requests - Stripe has [approved/denied/not responded to] my appeal dated [Date] As of this letter, Stripe holds $[Amount] of my funds and has indicated a [90/120/180]-day hold period, which is commercially unreasonable and legally unjustified. LEGAL ANALYSIS Stripe's conduct violates California law and breaches its contractual obligations: 1. Breach of Contract and Implied Covenant of Good Faith While Stripe's Terms of Service grant discretion regarding account management, California law implies a covenant of good faith and fair dealing in every contract. Carma Developers, Inc. v. Marathon Development California, Inc., 2 Cal.4th 342 (1992). This covenant prevents Stripe from exercising contractual discretion in bad faith or in a manner that frustrates my reasonable expectations under the agreement. I disclosed my business type accurately at account creation. I have maintained a low chargeback rate. I have complied with all documentation requests. Stripe's decision to freeze my account and hold my funds for [90-120+ days] is arbitrary, pretextual, and designed to deprive me of the benefit of our agreement. 2. California Unfair Competition Law (B&P Code Section 17200) Stripe's pattern of freezing merchant accounts without adequate notice, holding funds for excessive periods, and providing vague or pretextual explanations constitutes an unfair business practice under California's UCL. These practices cause substantial injury to California merchants, are not outweighed by countervailing benefits, and could reasonably be avoided by Stripe through better notice and faster resolution procedures. 3. California Money Transmission Act Stripe operates in California as a licensed money transmitter under the oversight of the Department of Financial Protection and Innovation (DFPI). Stripe's license obligates it to handle customer funds responsibly and in accordance with its stated policies. Unreasonable fund holds and arbitrary account terminations may constitute grounds for DFPI enforcement action. 4. Conversion Stripe's continued withholding of my funds without legitimate justification constitutes conversion under California law. I have demanded return of these funds; Stripe has refused. I am entitled to the immediate return of my property plus interest. DEMAND I demand that Stripe: 1. Immediately release the full frozen balance of $[Amount] to my designated bank account; 2. Provide a complete, itemized accounting of all funds received, held, and disbursed from my account; 3. Provide specific, documented reasons for the account freeze, including any chargeback data, fraud flags, or Terms of Service violations allegedly supporting this action; 4. Reinstate my account in good standing, or alternatively, confirm in writing that my account is closed with no further obligations; 5. Confirm that no negative reports have been filed with MATCH or any similar merchant blacklist database, and remove any such reports if filed; 6. Compensate me for consequential damages including [lost business revenue, emergency financing costs, alternative processor fees] totaling approximately $[Amount]. DEADLINE AND CONSEQUENCES I require a substantive response to this demand within fourteen (14) calendar days of the date of this letter. If Stripe fails to release my funds and adequately respond within this period, I will pursue all available remedies, including: - Filing a formal complaint with the California Department of Financial Protection and Innovation (DFPI) - Initiating arbitration pursuant to Stripe's Terms of Service, seeking the frozen balance, consequential damages, and attorney fees - Filing in California Small Claims Court for claims within jurisdictional limits - Pursuing a putative class action if investigation reveals a pattern of similar conduct affecting California merchants - Reporting Stripe's conduct to the California Attorney General's Office DOCUMENT PRESERVATION This letter constitutes formal notice to preserve all documents, communications, and data related to my account, including but not limited to: internal risk assessments, chargeback data, fraud flags, communications between Stripe employees regarding my account, and any policies or procedures applied to my account freeze decision. I am available to discuss resolution at [Your Phone] or [Your Email]. I remain willing to resolve this matter without formal proceedings if Stripe acts in good faith to release my funds promptly. Sincerely, [Your Signature] [Your Printed Name] [Title, if applicable] Enclosures: - Stripe Dashboard screenshots showing frozen balance - Complete email correspondence with Stripe - Business license and formation documents - Transaction history and chargeback records - Documentation provided to Stripe during appeal - Damage calculations and supporting invoices