Can You Sue Google for Wrongly Disabling Your Account??

You can file a lawsuit against Google for wrongly disabling your account, but filing your lawsuit does not mean that you will recover from your case. If you sue Google for unfairly treating you, this alone will probably not establish a breach of contract under Google’s general Terms. Google’s general Terms also generally cap the amount of money that it owes you under most circumstances, with the maximum amount of its covered liability being $200 or the total amount of qualifying fees that you paid to Google during the immediately preceding year.

When Can Google Suspend Your Account?

Generally speaking, Google states that it can suspend your account if you:

• Materially or repeatedly violate its terms
• “Impose a risk to Google or to other users” or
• Present security, liability, or investigation concerns

Google may suspend or terminate your access without advance notice only in limited circumstances, such as when it is required to do so by law or a court order, or when it has objective and concrete reasons to believe that giving notice would cause harm or liability to a user, a third party, or Google, violate the law, compromise an investigation, or threaten the security of its services.

When Can Google Disable Your Account?

Generally speaking, Google states that it can disable your account without notice if:

• It is required to do so by court order or other legal process
• It “reasonably believes” that doing so is necessary to mitigate a liability risk

Google generally promises to give you advance notice of any suspension of your account, unless it is warranted under one of its “stated reasons” for suspending accounts without notice. One of its stated reasons is a case that involves a security issue, a law enforcement investigation, or a matter involving a risk of “significant legal liability or otherwise significant risk.” When Google disables your account as a result of a court order or other legal process, it cannot provide you with advance notice if doing so would interfere with the legal process.

What legal claims can I bring against Google?

If you have a claim against Google for wrongly disabling your account, one or more of the following may apply:

Breach of Contract

If you sue Google for breach of contract, you will need to identify a contractual promise Google allegedly breached in relation to disabling your account. These contractual promises can be identified in Google’s general Terms and any applicable service-specific policies.

Consumer Protection Violations

If you sue Google for violations of a state consumer protection statute, the success of your case will depend on the specific statute and any exemptions or defenses available to Google.

Promissory Estoppel

If you sue Google for promissory estoppel, you will need to identify a clear promise that Google allegedly made to you which you reasonably relied on to your detriment. Google, which is generally permitted to suspend your account if you “materially or repeatedly” violate its terms, “impose a risk to Google or to other users,” or present security, liability, or investigation concerns, will likely argue that it did not make a clear promise not to suspend your account under these circumstances.

Violation of California’s Implied Covenant

California law imposes an implied covenant of good faith and fair dealing under all contracts. However, the implied covenant of good faith and fair dealing cannot override any express provision of a contract. If you sue Google for violation of California’s implied covenant of good faith and fair dealing, Google will likely argue that the suspension of your account was permitted under the express terms of its general Terms.

Conversion

In some cases, you may have a conversion claim against Google. However, the validity of this claim will depend on the specific circumstances involved, and whether the laws of the relevant state apply. As a private company, Google is not a state actor, and as a result, it is generally not subject to the constitutional due process requirements imposed on state actors. If you seek to pursue a consumer protection claim against Google for wrongly disabling your account, you will need to rely on a state consumer protection statute, not the U.S. Constitution or a state constitution.

Violation of a Privacy-Specific Statute

If you have a claim against Google under a privacy-specific statute, the viability of this claim will depend on the statute at issue and the specific circumstances that led to the suspension of your account.

Violation of Section 230 of the Communications Decency Act

If you seek to assert a claim against Google that would be covered by Section 230 of the Communications Decency Act, Google will likely argue that it is protected by Section 230. However, Section 230 generally protects platforms from liability arising from their obligations to third parties, not liability arising from their own contractual promises.

Defamation and Tortious Interference

If you sue Google for defamation or tortious interference, you will need to identify the specific statements Google allegedly made to third parties that harmed your reputation or interfered with your business relationships.

Other Claims

Statutory Damages

If you sue Google under any of the above claims, you may be able to recover statutory damages. However, the ability to recover statutory damages will depend on the claims at issue, the specific statute in question (if applicable), and the relevant jurisdiction.

Do Google’s terms require arbitration or a specific court?

Which Law Applies to Disputes Over Google’s General Consumer Terms?

If you are going to sue Google over its general consumer Terms, then California law will generally apply.

Which Courts Have Jurisdiction Over Claims Under Google’s General Consumer Terms?

If you are going to sue Google over its general consumer Terms, the state or federal courts located in Santa Clara County will have jurisdiction.

Do Google’s General Consumer Terms Require Arbitration?

Google’s general consumer Terms do not impose mandatory arbitration on every type of dispute. If you are going to sue Google for disabling your account, you will need to check any other agreement you may have with Google, including any service-specific Google agreement, as these agreements may supplement the general Terms with mandatory arbitration provisions.

If Google’s Terms Include an Arbitration Provision, Does That Provision Impose Mandatory Arbitration?

Under the Federal Arbitration Act (FAA), courts must generally enforce valid arbitration agreements. If you sue Google and Google’s terms include an arbitration provision that imposes mandatory arbitration, then Google will likely be able to compel arbitration. If Google is able to compel arbitration, then the court will either pause or dismiss your lawsuit and order you to pursue your claim in arbitration.

Can a Court Refuse to Enforce Google’s Mandatory Arbitration Provision?

A court can refuse to enforce a mandatory arbitration provision if the provision is procedurally and substantively unconscionable. Google’s Terms and service-specific policies are subject to claims of unconscionability, and a court will review Google’s Terms and policies if they are sufficiently unconscionable that they undermine the notion of mutual assent. While this is not a low standard to meet, it is not completely impossible to meet.

Does a Valid Arbitration Provision Allow You to Pursue Your Claims in Court?

A valid arbitration provision does not allow you to pursue your claims in court. If you have been wronged by Google, the only way you can pursue your claims in court is if Google’s terms do not impose mandatory arbitration or if the mandatory arbitration provision is unconscionable.

If You Have a Class-Action Waiver in Your Terms with Google, Can You File a Class-Action Lawsuit?

If you have a class-action waiver in your terms with Google, you generally cannot file a class-action lawsuit. However, if you have a valid class-action waiver, you can still pursue surviving claims individually. Class-action waivers are generally enforceable in the United States, although there are a handful of exceptions. In some states, a class-action waiver will not be enforceable if the waiver is deemed to be unconscionable. With that being said, if your agreement has a valid class-action waiver, then this is likely not going to be an issue.

This is the point at which most people call a lawyer. Spodek Law Group takes federal criminal defense cases nationwide from its New York and Los Angeles offices.

Can I Recover Damages Against Google?

If you sue Google for wrongly disabling your account, your ability to recover damages will depend on several factors. If you seek to recover statutory damages, your ability to recover statutory damages will depend on your legal claims and the state law that applies to your claims. If you seek to recover money damages, there are several factors you should keep in mind.

Which Types of Damages Are Generally Excluded by Google’s Terms?

Google’s Terms generally exclude, to the fullest extent possible under applicable law, “indirect, incidental, consequential, special, or exemplary damages, including, without limitation, punitive damages, loss of goodwill, loss of business opportunity, lost revenue, lost profits, loss of data, or any similar losses.” Thus, even if you are able to prove that Google wrongly disabled your account, there is a good chance that you will not be able to recover most types of financial damages. However, some consumer laws prohibit certain types of contractual exclusions. As a result, Google’s general Terms may not prohibit recovery in all cases.

What Does the General Consumer Law Apply to Google’s Terms?

If you are going to sue Google over its general consumer Terms, the applicable law will depend on where you reside and the nature of your relationship with Google. In many cases, state law will apply, and you may be able to raise claims under both a state’s common law and state consumer protection statutes.

What Do I Need to Prove in Order to Recover Money Damages Against Google?

If you can seek money damages against Google, you will still need to prove that Google wrongly disabled your account. You will also need to show that Google’s conduct caused you to incur documented financial losses. While there is more than one way to determine the amount of monetary losses that were incurred as a result of having your account disabled, some types of losses are harder to prove than others. For example, it is often harder to prove lost profits and lost revenue than documented out-of-pocket expenses.

If I Have a Free Account with Google, Can I Recover Money Damages?

Generally speaking, it is more difficult to recover money damages if you have a free account with Google than if you pay Google for one of its services. If you have a free account, then you will need to be able to demonstrate that you incurred direct monetary damages as a result of your account being disabled.

Can I Force Google to Reinstate My Account?

If you sue Google for wrongly disabling your account, you will generally seek reinstatement. Reinstatement of your account is a form of equitable relief, which is different from receiving a monetary damages award. If you are looking to compel Google to reinstate your account, you will need to satisfy the applicable requirements for obtaining a permanent injunction or other form of equitable relief.

If I Sue Google for Wrongly Disabling My Account, Can I Get a Preliminary Injunction?

If you sue Google for wrongly disabling your account, you could potentially seek a preliminary injunction against Google. However, obtaining a preliminary injunction will require meeting a relatively high standard. As a general rule, before you can obtain a preliminary injunction, you will need to show that you are likely to prevail on the merits and that you will suffer “irreparable harm” if you do not get a preliminary injunction. As a result, in many cases, it is not practical to seek a preliminary injunction when suing Google for wrongly disabling your account.

What should I do before filing a lawsuit?

What Should I Do if My Account Has Been Disabled?

If your Google account has been disabled, your first course of action should be to request access to it again. If you were provided with a link to file an appeal for account access, use this link to explain your situation and provide Google with any other pertinent information.

Does Google Have an Appeal Process for Account Disabling?

Generally, yes, Google has an appeal process if you believe that your account should not have been disabled. When you file an appeal with Google, you may be able to have your account reinstated. If your account was disabled, you may also be able to request to have a copy of your account’s data provided to you.

What Should I Do if Google Rejects My Account Appeal?

If Google rejects your appeal, you can still explore your legal options. However, there are several things you should keep in mind. First, while you pursue your appeal with Google, there is still a risk that your limitation period will expire. As a result, you should document your appeal process in case you ultimately decide to sue Google. If you think that you may need to file a lawsuit in the future, you should also do everything in your power to protect your content. If you still have control over the DNS of your domain, you should be able to redirect your email from Google to another provider. If you do not have control over the DNS of your domain, you should see if there is something else you can do to divert your traffic and emails to another provider. If you don’t want to lose your content, you should also take care to do so quickly, as Google will permanently delete your account data if it has been disabled for a significant period of time.

What Evidence Do I Need to Sue Google for Wrongly Disabling My Account?

If you sue Google, the type of evidence you will need to file your lawsuit will depend on the claims you pursue. Depending on the claims at issue, you will need evidence of:

• The notice you were provided (if any)
• Evidence showing that you have not received any notice
• A copy of your account appeal or a copy of any other communication you sent to Google regarding your account
• Your account’s activity, if you have evidence showing that you did not violate any of Google’s terms
• Evidence showing how Google’s suspension of your account adversely impacted you
• Statements of revenue and billing records if your account had any billing activities
• Evidence of your business relationships, if applicable
• Communications from customers if your account suspension interfered with your customers’ ability to contact you

What Should I Do if Google Disables My Account and I Think That It Is at Fault?

If Google disables your account and you think it may be at fault, you should speak with a Google disabled account lawyer. A Google disabled account lawyer will be able to advise you about the steps you should take to help the recovery process and will be able to evaluate your situation to see if you have a claim against Google.

Does a Disabled Notice Mean that Google Reported Me?

A disabled-account notice does not necessarily mean that Google reported you. To understand when Google has a legal obligation to report users to the National Center for Missing and Exploited Children (NCMEC), it is necessary to review the relevant sections of 18 U.S.C. § 2258A.

Does 18 U.S.C. § 2258A Require Google to Report All Instances of Child Exploitation Material on Its Platform?

Under 18 U.S.C. § 2258A, providers of electronic communication services are required to report apparent violations involving child exploitation material “with reasonable or expected haste,” but only “after receiving actual knowledge that the offense has occurred, is occurring, or is likely to occur.” As a result, 18 U.S.C. § 2258A does not impose an independent duty upon providers to monitor their users, nor does it impose a duty to scan uploaded content for child exploitation material.

Does 18 U.S.C. § 2258A Require Providers to Scan Material Uploaded by Their Users for Potential Criminal Offenses?

18 U.S.C. § 2258A does not impose any duty upon providers to scan uploaded material for any type of criminal offense. This includes child exploitation material, and any other type of illegal content. While some platforms (including Google) use automated tools to scan content for illegal material, this is not an independent duty of providers under the law.

When do Providers Become Obligated to Report Possible Child Exploitation Material to NCMEC?

Providers become obligated to report child exploitation material to NCMEC when they obtain actual knowledge of the material through an internal investigation or user report. If the provider is also aware of the IP address from which the material was uploaded, it must provide this information to NCMEC along with the report. Providers can file reports with NCMEC online through its CyberTipline.

If Google Filed a CyberTipline Report, Does This Mean That the DOJ or Other Authorities Have Opened a Case?

Not necessarily. The existence of a CyberTipline report does not mean that a criminal investigation has been initiated. While law enforcement agencies will examine CyberTipline reports, they will prioritize cases based on the evidence available to them and other resources.

If I Appeal a Disabled Account, Can I Admit to Uploading Child Exploitation Material?

It is generally advisable for disabled account users to refrain from providing information to Google when filing an appeal. Statements made by users in appeals may become admissible evidence in any future investigation or prosecution that results.

Does a Disabled-Account Notice Establish that Google Filed a CyberTipline Report?

A disabled-account notice does not establish that Google filed a CyberTipline report. Google disables accounts for many reasons, including issues such as spamming, account compromise, the age of the account holder, chargebacks, issues with export controls, copyright violations, and other security flags.

Speak With a Federal Defense Lawyer

If you are dealing with any part of what this article describes, the next step is a conversation with a lawyer who handles these cases. Spodek Law Group is a second generation criminal defense firm practicing since 1976, representing clients nationwide from offices in New York, Brooklyn, Queens and Los Angeles. Call 212-300-5196 to speak with our team.