Important Information For Those Who Have Used Google's Online Advertising
Tuesday, May 23, 2006
A class-action lawsuit, Lane's Gifts and Collectibles et al. v. Google, Inc. et. al. is in the process. The plaintiffs claim that Google has breached its contracts, unjustly enriched itself, and engaged in a civil conspiracy by failing to detect and stop "click fraud" and other improper clicks on online advertisements. Google denies the claims saying that all payments received for online advertising were legally and properly charged and that they haven't breached contract. Google also says that a majority of invalid clicks are detected and filtered before they reach an advertiser's bill, and if an advertiser detects additional invalid clicks, Google's click quality team investigates and provides refunds when appropriate.
Anyone who has purchased online advertising from Google between January 1, 2002 and the present is considered a class member in the lawsuit. The court will decide whether or not to approve the settlement. If approved, Google advertising credits will be awarded to class members who certify that they have been victims of the alleged fraud and improper clicks on advertisements during the specified time period. If an appeal occurs, credits will not be awarded until the appeal is resolved. The hearing for this settlement is scheduled for July 24th and 25th.
What Would You Receive From the Settlement?By submitting a valid claim form in a timely manner, the percentage of ads that you believe were affected by "click fraud," you will be awarded with a percentage of the total available credits based on how much in total you paid to Google for the ads.
What Your Options Are:
Remember, your legal rights are affected whether you choose to act or not - Do Nothing - You will automatically be eligible to submit a claim form for Google advertising credits and will give up your ability to sue Google over the subject matter of this case. Between June 19, 2006 and August 4, 2006, visit www.clicksettlement.com to submit a claim form.
- Exclude Yourself - You will not be able to submit a claim form for Google advertising credits and will retain your ability to bring or participate in another lawsuit against Google about the subject matter of this case. To opt-out from the class, mail a signed letter asking to be excluded postmarked no later than 30 days after the date the Notice was sent to you to:
Google Settlement Opt Out
c/o Gilardi & Co. LLC
P.O. Box 808070
Petaluma, CA 94975-8070
- Object - You will write to the Court and parties about why you disagree with the settlement no later than 30 days after the date the Notice was sent out. Letters must be mailed to the following 3 addresses:
Clerk of the Miller County Circuit Court
400 Laurel
Texarkana, AR 71854
George L. McWilliams
Patton, Roberts, McWilliams & Capshaw, LLP
2900 St. Michael Drive, Fourth Floor
Texarkana, TX 75503
Daralyn J. Durie
Keker & Van Nest, LLP
710 Sansome St.
San Francisco, CA 94111