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Google Has No Duty To Refund Gift Card Scam Victims, Judge Finds (arstechnica.com) 72

A federal judge in California has dismissed most claims in a class-action lawsuit against Google over its handling of gift card scams, ruling the tech giant is not liable for millions in consumer losses. U.S. District Judge Beth Freeman found Google bears no responsibility for scam victims' losses since third-party fraudsters, not Google, induced the purchases.

The ruling came in a suit filed by Judy May, who lost $1,000 to scammers demanding Google Play gift cards for a fake government grant. The lawsuit cited Federal Trade Commission data showing Google Play gift card scams comprised 20% of reported gift card fraud between 2018-2021, totaling over $17 million in losses. Google earns 15-30% commission on gift card purchases but denies refunds, citing industry-standard policies. Freeman ruled Google had no duty to investigate reported scams or refund victims.
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Google Has No Duty To Refund Gift Card Scam Victims, Judge Finds

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  • Sympathy (Score:4, Insightful)

    by ThurstonMoore ( 605470 ) on Wednesday November 06, 2024 @09:49AM (#64924483)

    It's hard to sympathize with someone who is this gullible.

    • by Somervillain ( 4719341 ) on Wednesday November 06, 2024 @10:10AM (#64924563)

      It's hard to sympathize with someone who is this gullible.

      Did these organizations know their product was being used in a crime is the real question. If someone buys a Google Play Gift Card in a Wisconsin WalMart, but redeems it in the Emirates, to an account known to be involved with past scams, then that's pretty suspicious. You can make fun of the victim all you like, but remember, soon Generative AI will make it a lot harder to identify scams. They're going to unleash the full power of AI to generate perfect marketing materials and flood Google search with articles stating they're legit and flood reddit with discussions saying a site is legit. Scams are going to get a lot harder to identify in the near future.

      Imagine Google was a pawn shop. Some young man comes in with lots of gold that a wealthy elderly lady would wear that was clearly burglarized...including a watch inscribed with someone else's name and a quick google shows that person's home was recently robbed. What would the law do?

      I don't think companies should have fully liability for all scams, but if they know a scam is going on and fail to prevent action, yes, I think they should have to repay every cent of profit.

      • Google would not even lose money if they turned off the card before it's redeemed. My guess is that the overseas recipient is selling it on, so you can't really go by location. So a refund might be the only way to fix it. They could do the bare minimum and transfer the balance to a new card number if it hasn't been used yet.

        The pawn shop example is a good one - but one that probably doesn't apply to digital goods. A legal loophole because laws are too old to cover it.

        And there's no trigger for fraud if s

        • The pawn shop example is a bad one because it glosses over the actual problem. It assumes that the stuff is "clearly burglarized". Yes. If that's obvious, then it's the pawn shop's fault. But recognizing that is the difficult part. And no, coming to the shop with a bunch of old lady jewelry that you obviously wouldn't wear is not suspicious (if your home town doesn't look like a warzone) "That's not my style and I'm never going to wear that" is probably the most frequent reason why people pawn/sell their gr

          • by mysidia ( 191772 )

            If that's obvious, then it's the pawn shop's fault. But recognizing that is the difficult part.

            You know the Pawn shop would be legally liable even if it was Not obvious. They might be innocent, but let's say for example it is later discovered that property in their inventory is stolen. In fact: the Pawn shop is still liable to turn over the stolen property If it ever does come to light later while in their possession, and would be guilty of a crime if they do not. The Pawn shop may still be sued

            • Re: (Score:1, Interesting)

              by Blackjetta ( 807781 )
              I sold my wedding ring to a pawn shop after I was divorced. I had to sign a document that it was my property with my personal contact information so if I was doing something fraudulent, they wouldn't be liable. Of course I could have put in fake information, but I didn't. But my point is Pawn Shops have this documentation to protect themselves since they have been burned before.
              • by mysidia ( 191772 ) on Wednesday November 06, 2024 @02:35PM (#64925719)

                had to sign a document that it was my property with my personal contact information so if I was doing something fraudulent, they wouldn't be liable.

                The pawn shop would still be liable. It is good for them to have the document, but the documentation doesn't make the sale legal.

                It just helps them avoid the criminal charges, And makes sure the pawn shop can sue the person who sold the shop the item after the police seize the item from their inventory.

      • Hell, we are already seeing it in my org.

        We have seen a marked increase in the number of scams from senders impersonating valid local and national businesses. The messages appear very similar to standard marketing messages from these places including logos and messaging.

        The main telltales are still the same (send address, destination links, etc) and can still be used to distinguish them, but they definitely will fool a lot more people.

      • by mysidia ( 191772 )

        Imagine Google was a pawn shop. Some young man comes in with lots of gold that a wealthy elderly lady would wear that was clearly burglarized...including a watch inscribed

        It is a crime to receive and deal in stolen property with intention to sell it Or in fact any intention other than to turn it over to the authorities.

        The trouble with the gift cards is they are not stolen. They are a piece of property legally purchased by the owner of the funds that was used to buy the gift card. And they work as be

        • Imagine this scenario instead: A scammer persuades you to go to the local pawn shop to purchase a gold coin, And then ship the gold coin to the scammer as a payment.

          Then you find out it is a scam. Should the pawn shop be responsible to refund you for the gold coin? How come?

          It's not any different from buying a Gift card and handing it to the scammer.

          What this analogy leaves out is that the gold coin is only redeemable for purchases at the pawnshop itself. This arguably creates an incentive for them to turn a blind eye to abuses because they benefit from money being injected into their ecosystem.

          I'm not personally convinced Google is liable here, but they are certainly more involved than someone selling a fungible bearer instrument like a gold coin.

      • Google is in receipt of stolen goods.

        Just because they were obtained via fraud of a 3rd party, does it make them not liable, just like the pawn shop.

        • by msauve ( 701917 )
          >Google is in receipt of stolen goods.

          So what? Mens rea is necessary to make that an offense.
        • Google is in receipt of stolen goods.

          Just because they were obtained via fraud of a 3rd party, does it make them not liable, just like the pawn shop.

          Aren't there existing laws for this? I am pretty sure Pawn Shops are required to comply with Law Enforcement and eat losses in the case of theft.

          While I agree Google shouldn't have to make everything right in the world, if they're one of the world's largest companies and aiding fraud, I think we should probably adjust the laws to hold them more reasonably accountable. Common-sense would say they can't detect everything, but some stuff they can detect. If it was their money, they would definitely trac

  • The 2 most popular scams are
    1. 1. The classic nigerian prince (419) type scam, where the scammer will give you a lot of money if you pay a processing fee.
      This has been around since the first moron got an e-mail address.
    2. 2. The guy calling "from the government, and you owe us money" type scam, where you can pay in gift cards before they send somebody to arrest you.
      No legitimate government has ever accepted gift cards as a payment method.

    If you are stupid enough to fall for any of this, then you deserve to l

    • by ddtmm ( 549094 )
      I would agree with everything you said except for the last part. If you truly are stupid that's one thing, but you certainly don't "deserve to lose your money".
      • Some people can only learn the hard way. If they get their money back, they probably will not learn anything from it.
        If they lose their money, they might think twice before doing stupid stuff like that again.
    • Re:Why should they? (Score:4, Interesting)

      by Ed Tice ( 3732157 ) on Wednesday November 06, 2024 @12:28PM (#64925155)
      I don't think you realize how sophisticated some of these scammers are. I got a call one time with spoofed caller ID claiming to be the local police department and said they were investigating a stolen package. They were convincing enough for the first few minutes until they transitioned to asking me to send them Zelle to clear myself as a suspect. I called back the number on caller ID and it was our local PD and they apologized but, of course, didn't investigate.

      My wife one time Googled a customer service number and ended up talking to a scammer. We are both sophisticated in this area. But it took her a few minutes to catch on.

      I could easily see somebody not figuring it out until it's too late.

      • by nasch ( 598556 )

        asking me to send them Zelle to clear myself as a suspect.

        It's amazing anyone falls for that frequently enough to make the scam worthwhile.

    • The new variation on number 2 includes depositing cash into a bitcoin ATM to some random wallet. This is mostly preying on individuals with mild neurocognitive problems.
  • It looks like I'm going against the grain here, but the US simply doesn't have robust enough consumer protection laws.

    As people age, there are changes in the grey matter of the brain that cause them to be more trusting [ucla.edu] and more susceptible to scams. It's not just unhealthy people - it's all. It is not an inability to think. It's a physiological change. It has social advantages when someone is too old to take care of themselves and need help, but it happens even if you don't.

    Google can make those cards w

    • by Calydor ( 739835 )

      That's a curious study. People get more trusting as they get older, while (anecdotally) also getting more racist and intolerant?

      • while (anecdotally) also getting more racist and intolerant?

        Actually, to the contrary. Anecdotally, young people are more likely to be racist and intolerant. But those that are are less likely to openly acknowledge it. A more accurate statement would be that a lot of old people don't care what you think.

        Its not clear to me that its the elderly are being preyed upon more often or if they are a more sympathetic media story victim. Is there some real data/information that suggests they are? It would certainly make sense that people with dementia might be more vulnera

      • Not sure they are getting more racist or intolerant. The racism 'appears' because they are still operating the same way as when they were younger, but society has changed. Once acceptable forms of discrimination are now being called out. Younger people are loving their lives different from what they were used to and it might just freak them out. The Old Folks would have reacted to these differences much the way they do now if it had occurred years ago.

    • by Luthair ( 847766 )
      Two things have happened to the GCs: 1) they were sold on FB or similar to unexpecting people, 2) organized crime funnels purchases through real or fake apps. Either Google will be out the money, or you're creating a different victim who bought the card.
  • I ran into a situation a while back: I won a Google Play gift card in the amount of $100. (I say "card", but it wasn't even that: it was a printed piece of paper with a number on it.)

    It really was no good to me, so I tried selling it (at below face value). Tricky thing though: how could *I* prove to potential customers that the card was legit? As far as I could determine, the *only* way to know 1) if a card was legitimate and 2) what the available amount was is to...add it to your Google Play account.
    • How damn hard would it be to have a website where you could punch in the card's number, and get back some verification saying "Ah yes, this card is good for $X"?

      Even full of CAPTCHAs that would be a huge target for automated attacks. Some retail gift cards get around this by having a PIN that's not required to verify balance. You only use the PIN when making a purchase or redeeming. That way, even an attack that returns a valid gift card number would still have to go through more checks at redemption.

    • There are third party websites that resell gift cards, they pay pennies on the dollar and are largely based on trust. They offer guarantees that the funds are there, etc, and I'm certain that they track bad players. I used to do retail arbitrage and this was a pretty good grift if the items our buyers wanted happened to be from a store I could use gift cards on. Some were discounted 12% or thereabouts.

      As for your particular problem with Google Play gift cards, you can go to put it into your account where it

  • by Todd Knarr ( 15451 ) on Wednesday November 06, 2024 @11:02AM (#64924793) Homepage

    I have to agree with the judge here. As far as Google can tell the purchase is legitimate: the person buying the card intends to buy it, their payment method is valid and legitimate, Google is giving a card worth the amount purchased to the person buying it. Google can't know what the person buying it's going to do with it after they receive it. They may suspect the person who finally redeems it is involved in something sketchy, but the card itself is perfectly legitimate.

    It's the same as if you fall for a scam and send a check to the scammer before you realize it. You may have been scammed, but the check itself isn't fraudulent (you wrote it yourself, signed it and it's the person the check was written to who's cashing it). If the bank's already paid it it has no duty to credit your account back (unless the payee is on one of the government lists of people the bank isn't supposed to do business with).

    If you're a grown adult and get scammed, that doesn't automatically make it someone else's responsibility to fix it.

    • Same rules as cash (Score:2, Insightful)

      by Anonymous Coward

      If someone steals your cash, or scams you into giving it to them, we don't require some third party--like a bank or merchant--to make you whole.

    • "It's the same as if you fall for a scam and send a check to the scammer before you realize it. You may have been scammed, but the check itself isn't fraudulent"

      The difference is that Google recognizes a profit out of the damages of the fraudulent transaction.

      The bank cashing the check neither gained not lost anything, they just transferred the total value of the check out of the depositor's account. In that case the criminal receives the total value and that is where you seek to recover the total value.

      Goo

      • In what way is the transaction with Google fraudulent? The subsequent transaction with the scammer may be fraudulent, but the transaction with Google is completed by that point.

    • Given your low user ID, it’s clear you’ve been around Slashdot since its early days—long enough to recognize a deflection when you see one. Your arguments here seem designed to steer the conversation away from Google’s responsibility and oversimplify the situation, making it look like the onus is solely on the individual victims. With your level of Slashdot experience, it’s surprising to see such a disingenuous approach that downplays the very real accountability that platforms

      • Yes companies like Google take on responsibility for fraud detection, just like credit-card companies do. But if you buy something valuable with a credit card and then go and send it to a scammer and realize you're now out the money you paid, is the credit-card company responsible for deciding that your original purchase was problematic? No. Because nothing about your purchase of the item was at all problematic. The same with Google. If Google flagged every purchase of a gift card (or even just those where

      • by nasch ( 598556 )

        Google has the technology to detect certain scams and could warn users of high-risk transactions.

        Google having the ability does not produce a legal obligation to do so. It's not up to the court to decide if Google ought to do something, only if it must do it. And there's no law forcing Google to do this.

    • by Tyr07 ( 8900565 )

      I agree with this as well. You can't sue the bank if someone robs you on the street after you pull money out of an ATM.

      The transaction you made was legitimate. People DO actually send gift cards over seas to relatives as gifts and for other things for legitimate reasons. So, google has no way to know the intentions of the person who redeems the card.

      In fact, it might not be the scammer either, they potentially plan to resell the card to someone else, and that person has no idea the card was scammed, potenti

  • by 0xG ( 712423 ) on Wednesday November 06, 2024 @11:10AM (#64924823)

    The ruling came in a suit filed by Judy May, who lost $1,000 to scammers demanding Google Play gift cards for a fake government grant.

    That is one dumb Judy. It may be victim shaming, but she deserves it.
    And then it is Google's fault? The mind reels...

  • How does Google prevent its gift cards from being used for money laundering? The gift card is only valuable to the extent it can be used. I am unclear how someone in another country uses a Google gift card without Google being involved in the transactions at the other end.
    • The cards aren't used in other countries. They are resold for cash at a significant discount. There are many online marketplaces that will buy gift cards at a steep discount and resell them at somewhat of a discount. Those vendors probably should have some liability. If one person is reselling tens or hundreds of thousands of gift cards, that should be a red flag. Maybe they are also sold/laundered via mules to disguise the activity. The perpetrator of these types of crimes probably loses 50% of the v
      • The cards aren't used in other countries. They are resold for cash at a significant discount.

        Why would someone pay for a card they weren't going to use?

        • The way that gift card scams work is that the mark is convinced to send the scammer a gift card of a particular value. The perpetrator tells a fanciful story and convinces the victim to send them a gift card to resolve some issue (such as bailing their grandchildren out of jail.) Now the perpetrator has a gift card for whatever amount they stole from the victim. But the perpetrator will have two problems redeeming the gift card. The first is that they would rather have cash than stuff. The second is tha
          • But they are eventually redeemed. No matter how many hands they pass through, they are stolen property and Google gets them back. If it was a bicycle everyone would agree if its stolen property, it belongs to the owner not the person who bought it from the thief.
            • by Tyr07 ( 8900565 )

              If someone redeems the gift card they thought was legitimate, but later it is found to be stolen, what do you do? Take the funds from the persons account? Put them in the negative? Refund their purchases from the gift card?

              The bike you can recover. It's much more difficult to recover the giftcard value unless you tell that person 'You have to pay 100$ for the 100$ gift card you paid for because it was stolen.".

              How do you recover goods that aren't physical so don't actually exist? Refund the game they bought

              • I think the argument is Google is out the money since they are in the business of selling gift cards. But I don't know if that is a reasonable expectation if the card had already been used. But once Google was informed the card was stolen its not unreasonable to expect them to not honor it. They clearly know they are receiving stolen goods.

                There is an economical problem with that where people would stop using gift cards immediately

                That is a business model problem, not an economics problem. Since Google is in the business of selling gift cards presumably that is one of the costs of doing business t

                • by Tyr07 ( 8900565 )

                  So if someone is scammed and is told to buy a car and then give the car to the scammer, the dealership is on the hook?

                  You have two choices. You're responsible to make your own purchases, or you're not. You won't like the world where they decide you're not.
                  You can punish the scammers, that's what you need to focus on, not making someone else responsible for it because it's too hard to go after the scammers.

                  • So if someone is scammed and is told to buy a car and then give the car to the scammer, the dealership is on the hook?

                    If they take the car in trade-in? Yes. That's the way it works. Its stolen property. Its not like the "gift card" can be used without Google paying the holder.

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