Google Agrees To $90 Million
Settlement In Class Action Lawsuit Over Click Fraud
Search Engine Watch has learned that Google has agreed to a $90 million
settlement fund in the class action lawsuit filed by Lane's Gifts &
Collectibles that came to light last April (see also this for
background). We're working on getting details about who will be
considered eligible for payment as part of the class, exact details and
other information, so expect more to come and be postscripted here.
Postscript 1: Google sent this statement:
We are proposing a settlement with the plaintiffs in this case. The
proposal would allow advertisers to apply for credits for clicks they
believe were not valid. Specific details of the settlement will remain
confidential until it is presented to the judge. We do not know how many
advertisers will apply and receive credits, but the total amount,
including the legal fees determined by the judge, will not exceed $90
million.
Google's also posted a much longer statement on its blog here. It covers
that the judge still needs to approve the settlement, which would allow
any Google advertiser to apply for credit involving questionable clicks
from 2002 through the official settlement date. Specifically, it would
be credit to buy new advertising given, not a refund.
Postscript 2: I've now talked with Steve Malouf, one of the lead
attorneys on the case against the search engines. Here's a rundown on
main points from him:
Why Settle? Given Google's overall revenue, along with some high
estimates of click fraud, why not fight for more? "Within the context of
the risk that each party faces of losing, it was a reasonable
settlement,” Malouf said.
Protection From Click Fraud Going Forward: What's going to prevent
future cases like this? Malouf said it was a combination of giving more
data to advertisers along with more third-party assistance.
"They could all do a better job in terms of transparency and providing a
more robust data set to perform analytics," Malouf said. "The solution
going forward is going to be an industry solution, with transparency in
the form of a third party or several third parties to help advertisers
with auditing."
Postscript 3: I've now spoken with Nicole Wong, associate general
counsel at Google with some follow-up questions. Here's a rundown on
main points:
Other Engines Involved: Some of the other search engines named in the
suit were involved because they carried Google's ads. Are they excused
from it as part of the settlement? Wong said Google couldn't comment on
this yet. I suspect this will likely be the case. Services named in the
suit that are or were part of Google's network include AOL (and
Netscape), Ask, Lycos and possibly LookSmart. Yahoo and Miva (formerly
FindWhat) have never carried Google's ads, so they seem unlikely to be
excused.
Protection From Other Suits: It's possible if not likely to my
understanding that if this settlement is approved, it will resolve all
click-fraud related claims now or being considered during the period
from when Google began offering pay-per-click ads in February 2002
through when the settlement is approved (that will probably happen in
the coming weeks). That would include another suit already underway in
California. Google said it couldn't comment to confirm this however. I
expect we'll see some more articles that will explore this aspect to
appear in the next day or so.
Protection Going Forward: What prevents more claims happening going
forward? Wong said Google believes the 60 day window it allows for
claims to be reviewed, along with more proactive and responsive help for
advertisers, will be a good preventative.
"What we will do going forward is to continue to fight click fraud or
invalid clicks to ensure our advertisers are happy," Wong explained.
"We're getting better at it and we are more proactive than we were when
we launched the program. We take that responsibility seriously."
Issues With Non-US Advertisers Not Resolved: To date, Google's had no
lawsuits over click fraud filed outside the US. However, it has a number
of non-US advertisers. Will this cover those? Google said they couldn't
comment on this, at the moment.
Why Settle? Google's explained what's involved with the settlement, but
why do it at all? Afraid they might lose and face a bigger payout?
Decide it was easier to pay and get the issue resolved?
"We believe the problem is small and well managed, and we think that the
settlement is a very good and fair outcome for everyone," Wong said:
The why answer seems a no brainer for me. A $90 million settlement,
compared to Google's revenues, is cheap to get this particular issue
resolved. It seems likely to buy an out from all potential cases going
back for years. Compared to the estimated $260 to $290 million Google
spent to resolve a patent lawsuit with Yahoo, this deal seems an
especially cheap, smart one to take.
Postscript 4: I asked Yahoo if it was seeking a similar settlement.
It responded with this statement:
We cannot comment on Google’s reported settlement. That said, we stand
firmly by our proprietary click protection system, and look forward to
vigorously defending our position in this matter
Postscript 5: To my knowledge, the only other settled class action
lawsuit we've had involving a search engine to date was that against
LookSmart. As with Google, advertisers were given credits and a few a
cash payment of up to $50.
Postscript 6: Legal expert Eric Goldman confirms what I understood to
be likely and mentioned above, that this class action if settled will
settle all potential actions by advertisers (in the US) unless they
specfically opt-out. Meanwhile, News.com does the rounds to some Google
partners and finds Ask expecting they'll be covered by the settlement,
as I suggested would be the case above. Other search engines didn't
comment.
Want to comment or discuss? Visit the Google To Issue Up To $90 Million
In Credits For "Invalid Clicks" thread at our Search Engine Watch
Forums.
Postscript 7: Google explains invalid clicks in their Google Blog and
Inside AdWords blog.
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