Court Determines Google Not Required to Reimburse Victims of Gift Card Frauds

Court Determines Google Not Required to Reimburse Victims of Gift Card Frauds

Court Determines Google Not Required to Reimburse Victims of Gift Card Frauds


### Google Play Gift Card Scams: An Increasing Issue and Legal Challenges

In recent times, gift card scams have emerged as a considerable problem, especially as scammers increasingly focus on victims from widely used platforms like Google Play. The Federal Trade Commission (FTC) reports that a significant share of gift card scams targets Google Play users, leading to millions of dollars being stolen by fraudsters. A recent lawsuit has brought this matter to public attention, raising concerns over the accountability of tech firms like Google in deterring these scams and compensating affected individuals.

#### The Growth of Google Play Gift Card Scams

Typically, gift card scams involve con artists deceiving victims into buying gift cards and transmitting their codes to the fraudsters, who subsequently redeem the cards for products or services. These scams often operate under the pretense of government grants, technical support, or even fabricated romantic links. From 2018 to 2021, FTC data revealed that scams involving Google Play gift cards comprised 20% of all reported gift card fraud, resulting in losses exceeding $17 million.

One reason fraudsters favor Google Play gift cards is their convenient use and the rapid redemption for digital products, which complicates the tracking of funds after the scam is executed. Google earns a commission ranging from 15 to 30 percent on purchases made using these gift cards, leading to criticism that the company benefits from fraudulent transactions without providing refunds to victims.

#### The Legal Challenge: May v. Google

In 2021, Judy May, a victim of a Google Play gift card scam, initiated a class-action lawsuit against Google. May had been deceived into buying $1,000 worth of Google Play gift cards after being told by scammers that she qualified for a government grant. She was instructed to send the gift card codes for “upfront costs” associated with the grant, only to discover later that it was a scam. When she reached out to Google for a refund, the company rejected her request, citing its terms of service.

May’s lawsuit contended that Google was aware that its gift cards were commonly exploited by scammers and that the company should have taken more steps to inform consumers. Additionally, she argued that Google possessed the technology to monitor the transactions and potentially avert the fraud but opted not to intervene. The lawsuit sought significant damages for what May characterized as “unfair practices” by Google.

#### The Court’s Decision

On November 4, 2024, federal Judge Beth Freeman predominantly sided with Google, allowing the company’s request to dismiss most allegations in the lawsuit. Freeman decided that Google bore no liability for the losses as the company did not persuade May to buy the gift cards—the scammers did. The judge also emphasized that May had not utilized the gift cards “as intended,” meaning they were meant for acquiring goods and services, not transferring money to third parties.

Freeman additionally ruled that Google had no obligation to reimburse May or other scam victims, referencing comparable policies from retailers such as Target and Walmart, which also deny refunds for gift card scams. Furthermore, the judge concluded that May’s assertion that Google could have used its technology to identify the scam was inadequate, as she failed to demonstrate that Google had employed such technology at the time of her transaction.

While Freeman permitted May to modify some of her claims within 45 days, the judge dismissed a crucial claim requesting triple damages, stating that May had not established a likelihood of being scammed again, considering her enhanced awareness of such frauds.

#### The Wider Implications

This case underscores the escalating challenge of gift card scams and raises critical questions regarding tech companies’ roles in fraud prevention. Although Google is not legally bound to refund victims under existing regulations, the case has ignited discussions about whether firms profiting from gift card sales should assume greater responsibility for safeguarding consumers.

Critics assert that Google and similar companies could enhance user awareness about prevalent scams by placing clear warnings on gift cards or employing more advanced fraud detection systems. They also highlight Google’s technical ability to track gift card transactions and potentially identify suspicious activity, but the company has yet to take such measures.

Conversely, corporations like Google maintain that they are not accountable for third-party scams and that providing refunds could set a challenging precedent. They also note that other retailers have similar policies regarding gift card fraud, suggesting that this issue spans the entire industry rather than being unique to Google.

#### What Steps Can Consumers Take?

Given the frequency of gift card scams, consumers must remain cautious when buying and utilizing gift cards. Here are several suggestions to avoid becoming a target of these scams:

1. **Be Wary of Unexpected Requests**: If someone requests payment via gift card—be it for a government grant, technical assistance, or a romantic partner—it’s likely a scam.

2. **Confirm the Identity**: If you receive communication from someone claiming to represent a government agency or