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Home Lawsuits

Judge Tosses Proposed Class Action Accusing Google of CAPTCHA Fraud

TOPICS:AccessAccountFreeGmailGoogleJudgePlaintiffSingleTakesWord

Posted By: CAReview Editor Feb 29, 2016

A federal judge has dismissed a proposed class-action lawsuit against Google that alleges fraud because the media giant sometimes requires people wanting a free Gmail account to spend seconds filling out a two-word CAPTCHA—the second word of which is not for security purposes and instead provides an economic gain to Google unbeknownst to the user.

As we all know, CAPTCHA stands for “Completely Automated Public Turing test to tell Computers and Humans Apart.” They’re everywhere online, and are designed to do what they say. They usually ask online surfers to type in a word that appears on the screen to enable deeper access into a website and hopefully keep out bots.

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“Plaintiff has not alleged any facts that plausibly suggest the few seconds it takes to type a second word is something for which a reasonable consumer would expect to receive compensation,” US District Jacqueline Scott Corley wrote Wednesday in dismissing the suit.

The judge added:

Google’s behavior is also not immoral and oppressive because the harm—if any—of typing a single word without knowledge of how Google profits from such conduct does not outweigh the benefit. Google’s profit is not the only benefit the Court considers in this balancing test—completing the prompt also entitles users to a free Gmail account. Moreover, users’ transcriptions increase the utility of other free Google services such as Google Maps or Google Books. Plaintiff has failed to allege how these numerous benefits outweigh the few seconds it takes to transcribe one word.

Eric Goldman, a professor at Santa Clara University School of Law, said the decision “ranks as one of the most interesting Internet law rulings so far in 2016.”

“As pitched by the plaintiffs, Google stole a small amount of time and attention from a large number of people for Google’s own commercial gain. Yet, the court says ‘so what?’ When the amount of attention consumed is so trivial (the time it takes to decode a single word), this judge won’t go out of her way to find legal recourse. (Hence, the refusal to allow the plaintiffs an amended complaint.)” Goldman said.

Neither Noah M. Schubert, a San Francisco lawyer suing Google, nor Boston attorney Patrick Vallely returned messages seeking comment.

And here’s the kicker from Judge Corley:

“As Google suggests, it strains credulity that Plaintiff or class members would forego access to a free Gmail account and higher quality Google Books or Google Maps because their brief transcription of a single word might, indirectly or directly, facilitate Google’s profit earning.”

Listing image by Becky Stern

Source: arstechnica.com arstechnica.com

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