Thread by @HoegLaw

Hey, @gofundme, I’m thinking of doing a video on your Freedom Convoy 2022 fundraiser freeze but I need some help. (Cont.)

medium.com/gofundme-stori…

You state in your freeze letter:

“…this fundraiser is now in violation of our Terms of Service (Term 8, which prohibits the promotion of violence and harassment)…”

But I’m looking at the terms of service and they state that what is prohibited is:

Fundraising “…with the implicit or explicit purpose of promoting or involving…User Content that reflects or promotes behavior…in support of…violence…”

Now your letter also states that “GoFundMe supports peaceful protests and we believe that was the intention of the Freedom Convoy 2022 fundraiser…”.

So my first question is “How can such a fundraiser, at the time the funds were raised, evince the prohibited purpose?”

My second question is actually related to the prohibition itself. You might note that it applies only to “User Content”.

Now we know you know how to prohibit direct outside action because the bulk of the rest of the…27 listed prohibitions do just that.

So the stated prohibition can only apply to User Content. What is that? You define it as: “…activity on and through the Services…such as content you post publicly on the Platform (including descriptions, texts…photos, videos, images…you upload or post through the Services…)

But that doesn’t make any sense. Because your stated reason for the freeze and seizure is.

“We now have evidence from law enforcement that the previously peaceful demonstration has become an occupation…”

Why that doesn’t speak to User Content at all. In fact it’s completely outside the platform you provide.

Worse, how could outside reporting ever evidence a wrongful intent to promote bad content in a fundraiser you believe was formed and funded for legitimate purposes?

I’m also unclear from where you are asserting the right to redirect funds.

I see your list of remedies:

“to ban or disable…, remove the offending User Content, suspend or terminate…, stop payments…, freeze or place a hold on Donations, and report you to law enforcement…”

And see your “freeze” right (pending my understanding of the actual breach of course), but I found no assertion of a redirection right. If I missed it please redirect me. Happy to be corrected. (I did review every instance of a reference to Charity and Charities however.)

So what I’m left with is what looks like a breach of GoFundMe’s obligations to both fundraisers and donors premised on the thinnest reed of a fundraiser breach and using a remedy that is not included in the contract terms.

But that can’t be right. Can it?

Please advise.

Ah, I see…probably won’t find that redirection right then.

UPDATE (Feb 5)

“However, due to donor feedback, we are simplifying the process. We will automatically refund all contributions directly — donors do not need to submit a request.”

Better late than never.

medium.com/gofundme-stori…