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Google wins US court case over gift card fraud

By Minjun Park
1 min read
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In this article (5)

A federal judge dismissed a proposed class action lawsuit accusing Google of illegally profiting from Google Play gift card scams by refusing to refund millions of dollars stolen from victims.

In a late Monday decision, US District Judge Beth Labson Freeman said the plaintiff Judy May lost money because scammers induced her to buy gift cards, and failed to show that Google caused her losses or knew it was receiving stolen funds.

The San Jose, California-based judge also said Google was not liable for keeping 15 percent to 30 percent commissions on purchases that scammers made with the gift cards because Google’s conduct was unrelated to the original fraud.

May said she lost $1,000 in April 2021 when a scammer posing as a relative instructed her to contact a supposed government agent, who told her she was eligible for federal grant money if she bought Google Play gift cards.

The Brownsville, Indiana resident said she provided the codes on the back to cover supposed upfront costs, but the scammers used the codes to make purchases.

May said she would not have bought the cards had Google warned on the packaging about scams, and that anyone demanding payment with the cards was a scammer.

Lawyers for May did not immediately respond on Tuesday to requests for comment. Google, a unit of Alphabet, did not immediately respond to similar requests.

Freeman said May could try to refile her lawsuit, but dismissed a claim seeking triple damages for good. Alphabet is based in Mountain View, California.

In 2023, Americans lost $217 million in gift card or reload card fraud, according to the Federal Trade Commission.

The actual amount is likely much higher because the data cover only reported cases. Citing FTC data from 2021, May said Google Play cards account for about 20 percent of gift card scams.

Questions & Answers

Q.

What was the main reason the judge dismissed the lawsuit against Google?

A.

US District Judge Beth Labson Freeman stated that the plaintiff, Judy May, lost money because scammers induced her to buy gift cards. The judge found May failed to show Google caused her losses or knew it was receiving stolen funds.

Q.

How did the judge rule on Google's commissions from scam-related gift card purchases?

A.

The judge ruled Google was not liable for keeping its 15 percent to 30 percent commissions. This decision was based on the finding that Google’s conduct regarding the commissions was unrelated to the original fraud perpetrated by the scammers.

Q.

Could the plaintiff, Judy May, try to bring this lawsuit against Google again?

A.

Yes, Judge Freeman said that Judy May could try to refile her lawsuit. However, the judge permanently dismissed a specific claim within the original suit that sought triple damages for the plaintiff.

Q.

What proportion of gift card scams did Judy May's lawsuit claim involved Google Play cards?

A.

Judy May claimed, citing FTC data from 2021, that Google Play cards account for about 20 percent of all reported gift card scams. The lawsuit alleged that these cards are a significant target for fraudsters.

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