According to a lawsuit filed on Monday, Google has taken aim at the perpetrator of a “non-delivery” scam run using websites that defraud victims seeking to purchase purebred puppies. The complaint seeks to halt defendant Nche Noel Ntse’s harmful practices on part of Google, which claims it has spent over $75,000 investigating his misconduct, and on part of users who experienced both emotional harm and financial loss due to Ntse’s exploitation of “the joy of pet adoption.”
According to the New York Times’coverage of the suit, this is the first time Google has ever filed a consumer protection complaint. The company is represented by Cooley LLP.
The complaint explains that Ntse runs multiple non-delivery websites that purport to sell adorable puppies, the demand for which spiked during the COVID-19 pandemic. According to the filing, “victims are tricked into believing the websites are legitimate because of their alluring photos of purebred puppies and compelling testimonials from supposedly satisfied customers.” Yet, Google says that unwitting pet seekers fork over money for nothing in return.
The complaint says that Google became aware of Ntse’s scheme when it received an abuse report in August 2021 from AARP, “a nonprofit, nonpartisan organization that serves and advocates on behalf of older Americans.” The report explained that a victim, ostensibly one of many, sent $700 in electronic gift certificates to a fake Google account, then an additional $1500, but never received the promised puppy.
The filing alleges that to perpetrate the scheme, Ntse used several Google applications including Gmail, through which he opened dozens of fraudulent accounts, Google Search, Google Voice, and Google Ads. Ntse’s illicit use of Google’s products violates its terms of service, injures its relationships with its users and potential users, harms its reputation, and has caused the company to expend funds investigating and remediating the harm Ntse caused, the filing says.
Google claims it filed suit to protect victims from further fraud on part of Ntse, to permanently disrupt his activities, raise public awareness of these and similar online scams, and to recover damages. The filing states a sole claim for breach of contract of Google’s terms of use.
