Imber-Gluck v. Google Inc.

Filing 1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-8433433.). Filed byIlana Imber-Gluck. (Attachments: # 1 Exhibit A to Complaint, # 2 Exhibit B to Complaint, # 3 Civil Case Cover Sheet, # 4 Attachment to Civil Case Cover Sheet)(Patterson, James) (Filed on 3/7/2014)

EXHIBIT "A"

JAMES R. PATTERSON
619.756.6993 direct
[e-mail]

March 6, 2014
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

Chief Executive Officer / President
Google, Inc.
1600 Amphitheatre Parkway
Mountain View, California 94043

Re:

Imber-Gluck v. Google, Inc.

Dear Sir/Madame:
Our law firm and Carpenter Law Group represents Ilana Imber-Gluck and all other
similarly situated persons in the United States in an action against Google, Inc. (“Google”)
arising out of, inter alia, Google’s failure to disclose material facts regarding its free or modestly
priced applications (“Apps”). In most cases the Apps are video games that are targeted to and
induce minor children to incur charges for in-application-related purchases (“In-App
Purchases”), i.e., virtual supplies, ammunition, fruits and vegetables, cash, and other fake
“currency,” within the game in order to play the game as it was designed to be played (“Game
Currency”). Unbeknownst to the parents and guardians of these minor children, such purchases
may easily be completed with one click and without their knowledge or authorization.
These Apps do not require a special password in order to purchase Game Currency. So
once the parent or guardian enters their Google password to purchase or download the App,
Google permits the user, even if a minor, to buy Game Currency for up to thirty minutes without
reentering the password. Thus minors may (and do) purchase large-dollar-amount sums (up to
$99.00) of Game Currency in one click without entering a password. Google pockets millions of
dollars from such Game Currency transactions with minors and without the authorization of their
parents or guardians, whose credit cards or PayPal accounts are automatically charged for the
purchases
Ms. Imber-Gluck and others similarly situated consumers purchased free or moderately
priced Apps from Google, unaware that their children would be permitted to incur charges for InApp Purchases without having to enter a password to do so. The full claims, including the facts
and circumstances surrounding these claims, are detailed in the Class Action Complaint, a copy
of which is enclosed and incorporated by this reference.

402 West Broadway, 29th Floor  San Diego, CA 92101  619.756.6990  Fax [phone]  www.pattersonlawgroup.com

Google, Inc.
March 6, 2014
Page Two

Google’s representations and omissions are false and misleading and constitute unfair
methods of competition and unlawful, unfair, and fraudulent acts or practices, undertaken by
Google with the intent to result in the sale of Apps and In-App Purchases to the consuming
public. The In-App Purchases do not require entry of a password for up to thirty minutes,
thereby allowing minor children to make multiple, large-dollar-amount purchases without their
parents’ or guardians’ knowledge or authorization.
This practice constitutes a violation of California Civil Code § 1770(a) under, inter alia,
the following subdivisions:
(5)

Representing that [the Apps and the In-App Purchases] have . . .
characteristics, . . . uses [or] benefits. . . which they do not have.
***

(7)

Representing that [the Apps and the In-App Purchases] are of a particular
standard, quality or grade, . . . if they are of another.
***

(14)

Representing that a transaction confers or involves rights, remedies, or
obligations which it does not have or involve, or which are prohibited by
law.

California Civil Code § 1770(a)(5), (7), and (14).
While the Complaint constitutes sufficient notice of the claims asserted, pursuant to
California Civil Code § 1782, we hereby demand on behalf of our clients and all other similarly
situated persons in the United States that Google immediately correct and rectify this violation of
California Civil Code § 1770 by ceasing dissemination of false and misleading information as
described in the enclosed Complaint. In addition, Google should offer to refund to all consumer
purchasers of the Apps and the In-App Purchases the funds paid to Google, plus reimbursement
for interest, costs, and fees.
Plaintiffs will, after thirty days from the date of this letter, amend the Complaint without
leave of Court, as permitted by California Civil Code § 1782, to include claims for actual and
punitive damages (as may be appropriate) if a full and adequate response to this letter is not
received. These damage claims also would include claims under already asserted theories of
unlawful business acts, as well as the claims under the Consumers Legal Remedies Act. Thus, to
avoid further litigation, it is in the interest of all parties concerned that Google address this
problem immediately.

Google, Inc.
March 6, 2014
Page Three

Google must undertake all of the following actions to satisfy the requirements of
California Civil Code § 1782(c):
1.
Identify or make a reasonable attempt to identify purchasers of the Apps and the
In-App Purchases;
2.
Notify all such purchasers so identified that upon their request, Google will offer
an appropriate correction, replacement, or other remedy for its wrongful conduct, which can
include a full refund of the purchase price paid for such products, plus interest, costs and fees;
3.
Undertake (or promise to undertake within a reasonable time if it cannot be done
immediately) the actions described above for all purchasers of Apps and In-App Purchases who
so request; and
4.
Cease from expressly or impliedly representing to consumers that these Apps and
In-App Purchases are free or moderately priced, as more fully described in the attached
Complaint.
We await your response.

Sincerely,
PATTERSON LAW GROUP

James R. Patterson
Enclosure
CC: (via regular U.S. Mail w/o enclosure)
Carpenter Law Group
Del Sol Cavanaugh Stroyd LLC
Berger & Montague, P.C.