NEW YORK (Legal Newsline) - Google says it can't be blamed in court by a woman who found an alleged scam artist on the site.
The company on Dec. 4 declared it "does not belong in this case," in a motion to dismiss in New York federal court. Samantha Zenon had sued Google and Reckon Media in August, alleging fraud and other claims.
Zenon, according to her complaint, is an actress, mental health advocate and public speaker. She alleges that in April of 2020, she sought help to create a Wikipedia page through an ad on the Google platform.
Zenon claims that she made three payments to "Wiki Professional Inc.," operated by Reckon Media, for a total of $2,800, and it promised to set her up with her Wikipedia application and content, only for her to be scammed.
She also claims after reporting that she had been scammed to Google, the company failed to investigate the matter. Zenon alleges that despite hundreds of reviews online from victims such as herself, Google continues to allow Reckon - which advertises ghostwriting, editing and publishing - on the Google platform.
Google's motion relies on Section 230, which bars claims for "publishing" or enabling access to allegedly harmful content created by third parties.
"An unbroken line of dozens of cases have applied Section 230 to dismiss such claims, including numerous lawsuits involving third-party advertisements," the motion says.
"That is true regardless of the labels the plaintiff attaches to their causes of action."
Zenon also failed to show Google "aided and abetted" Reckon's conduct because it is not alleged Google had actual knowledge of any fraud, the company says.
"Notably, Plaintiff does not allege that Google had anyhing to do with the content of the ad itself," the motion says.
"Indeed, Plaintiff's complaint largely consists of generalized allegations that parrot the elements of the causes of action alleged."
Zenon seeks monetary relief, interest and all other just relief. She is represented by Alfred Constants III in Locust Valley.
Google is represented by Benjamin Margo and Praatika Prasad of Wilson Sonsini Goodrich & Rosati of New York.