My question involves court procedures for the state of: Missouri
So in 2014 the FCC settled with Google Play with regard to unauthorized in app purchases made by minors. Google sent out a notice on how to file for a refund. I submitted my request and have been fighting them for over a year without being paid back. I filed a case in small claims court in Missouri in late 2015, and now Google has responded with a memorandum of law in motion to dismiss.
It says "Google requests that the Court dismisses Plaintiff's claims for filing in the improper venue and because Google properly determined that plaintiff was not eligible for a full refund under the FTC settlement."
Google claims that since I originally agreed to Googles ToS by having a Google account - I can only litigate "exclusively in the federal or state courts of Santa Clara County, California, USA."
My question is since these purchases were made by an unauthorized minor, would I still be bound to their ToS? Essentially, since I did not make the purchases, how can I consent to the ToS? I realized I agreed initially, but would that be a sufficient argument to keep the case in Missouri?
Or if anyone has any advice, I would appreciate it. :)
So in 2014 the FCC settled with Google Play with regard to unauthorized in app purchases made by minors. Google sent out a notice on how to file for a refund. I submitted my request and have been fighting them for over a year without being paid back. I filed a case in small claims court in Missouri in late 2015, and now Google has responded with a memorandum of law in motion to dismiss.
It says "Google requests that the Court dismisses Plaintiff's claims for filing in the improper venue and because Google properly determined that plaintiff was not eligible for a full refund under the FTC settlement."
Google claims that since I originally agreed to Googles ToS by having a Google account - I can only litigate "exclusively in the federal or state courts of Santa Clara County, California, USA."
My question is since these purchases were made by an unauthorized minor, would I still be bound to their ToS? Essentially, since I did not make the purchases, how can I consent to the ToS? I realized I agreed initially, but would that be a sufficient argument to keep the case in Missouri?
Or if anyone has any advice, I would appreciate it. :)
Jurisdiction and Venue: to Respond to a Motion to Dismiss My Case in Small Claims Court in Missouri
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