The search advertiser PVC Fence Wholesaler has no grounds to sue Google in federal court for allegedly failing to disclose details about paid search campaigns, the company argues.
In papers filed September 9 with U.S. District Court Judge Casey Pitts in San Jose, Google contends that PVC "merely alleges potential harm without pleading that it personally suffered any injury."
Google adds that PVC's allegations, even if proven true, wouldn't establish the claims in its complaint -- which include accusations that Google broke its contract with PVC and violated a California consumer protection law.
"Plaintiff does not -- and cannot -- identify a single term in the Parties’ contract that Google purportedly breached," Google writes.
The company additionally argues that PVC can't proceed in federal court because its agreement with Google includes a provision requiring arbitration of disputes.
"Plaintiff agreed to Google’s Advertising Program Terms, thereby agreeing to arbitrate this dispute with Google on an individual basis," Google writes, adding that courts "routinely enforce online arbitration agreements."