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International Law

: Misleading Advertising Law

Google committed Fraud?

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The main Google page as of April 2008

Image via Wikipedia

A class action lawsuit in California has sued Google for:
"for fraud, business code violations, and unjust enrichment, claims arising from the company's alleged sale of low-quality ads.

In the parlance of online marketing, "low-quality ads" refers not to shrill infomercials but to ads that generate a poor response or show a poor conversion rate due to problems with placement, audience targeting, or related factors."

Thomas Claburn, Information Week

Hard to understand this lawsuit.

Did the plaintiff know how to opt out of the Google Adsense for Domains?

"AdSense® for domains allows domain name registrars and large domain name holders to unlock the value in their parked page inventory.

AdSense for domains delivers targeted, conceptually related advertisements to parked domain pages by using Google's semantic technology to analyze and understand the meaning of the domain names.

Our program uses ads from the Google AdWords? network, which is comprised of thousands of advertisers worldwide and is growing larger everyday.

Google AdSense for domains targets web sites in over 25 languages, and has fully localized segmentation technology in over 10 languages."

Supposing that this is a disclosure case, what damages did the class suffer? Can the class prove damages without inquiring about what the individual knew about the program, what reliance they put on it, and what they would have done otherwise.

It might be very hard to prove a class theory of damages on the misrepresentation claim.

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Full post as published by Misleading Advertising Law on July 18, 2008 (boomark / email).

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