Common sense argument advanced by Jenny Halasz in the comments on this article.
Edwin Jonk
I like Jenny`s comment:
There`s been a disturbing trend of "blame the SEO" for anything that goes wrong with the site.
Thinking back.... Even Google blamed its advertising company for the penalty imposed to Chrome.
violating Google`s guidelines is not a good idea, but it`s not illegal.
To me if both parties didn`t agree on being within Google` s guidelines, you shouldn`t complain about it. ?
Advertiser May Have Claims Against SEO Firm Using Undisclosed Spammy Practices | Technology & Marketing Law Blog