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Google Agrees to Pay $90mln on Click Fraud Lawsuit

Posted by samzenpus on Wed Mar 08, 2006 09:20 PM
from the pay-the-man dept.
Hitokiri writes "Google has agreed to pay up to $90 million to settle a class action lawsuit 'Lane's Gifts v. Google'. The settlement stems from a lawsuit filed by Lane's Gifts earlier this year in an Arkansas state court and is designed to settle all outstanding claims against Google for fraud committed using its pay-per-click ad system back to 2002Google has made a statement on their blog."

Related Stories

[+] IT: How Google Manages Click Fraud 130 comments
Finin writes "In February 2005, Google was sued by Lane's Gifts & Collectibles in a class-action lawsuit over click fraud. The company alleged that Google had been improperly billing for pay-per-click ads that were not viewed by legitimate potential customers. As part of a settlement earlier this year, Google agreed to have an independent expert examine their click fraud detection methods, policies, and procedures and make a determination of whether or not they were reasonable measures to protect advertisers. The report of the expert, NYU Information Systems Professor Alexander Tuzhilin (a Professor of Information Systems at NYU), is now available." Update 07/26/2006 at 12:52 GMT by SM: Fixed the link to Tuzhilin's report.
[+] Search Companies Team Up Against Click Fraud 84 comments
isabotage3 writes to tell us that the top three search companies, Google, Microsoft, and Yahoo, have teamed up to create an alliance to combat click fraud. The fact that these three bitter rivals can team up shows just how serious the industry has become about preserving the current online advertising boom that is currently underway. From the article: "Click fraud has attracted an increasing amount of attention amid class-action lawsuits and industry studies asserting advertisers have been collectively overcharged by more than $1 billion for bogus sales leads during the past four years. Google and Yahoo contend that those estimates are gross exaggerations generated by opportunistic lawyers and online advertising consultants hoping to cash in on the anxieties triggered by their calculations."
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Google Agrees to Pay $90mln on Click Fraud Lawsuit 50 Comments More | Login /

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  • by Hulkster (722642) on Wednesday March 08 2006, @09:21PM (#14880243) Homepage
    The January/2006 Wired had an article titled "How Click Fraud Could Swallow the Internet" [wired.com] that presented a case study of a charter-jet service victimized by this ... turns out it was their competition doing it to use up their on-line marketing budget. Google Girl [watching-paint-dry.com] basically stonewalled 'em.
    • by linguae (763922) on Wednesday March 08 2006, @09:37PM (#14880312)
      The January/2006 Wired had an article titled "How Click Fraud Could Swallow the Internet" that presented a case study of a charter-jet service victimized by this ... turns out it was their competition doing it to use up their on-line marketing budget. Google Girl basically stonewalled 'em.

      I want to post an insightful response, but Google Girl has stonewalled my thoughts.

      must....post...insightful...can't...resist...

      [ Parent ]
  • It's credits - not dollars (Score:5, Insightful)

    by tacokill (531275) on Wednesday March 08 2006, @09:30PM (#14880277)
    Hey submitter and editors -- Google isn't PAYING anything. They are giving credits to buy more advertising.

    Am I the only one who recognizes the difference between "getting paid $1" and "getting credit for $1 - at that company"?

    • Re:It's credits - not dollars (Score:5, Informative)

      by LiquidCoooled (634315) on Wednesday March 08 2006, @09:34PM (#14880305)
      Also, they say its not just for Lane's Gifts.
      It is a 90mln limit based on how many people apply for backdated invalid clicks.

      From the blog linked above:


      For all eligible invalid clicks, we will offer credits which can be used to purchase new advertising with Google. We do not know how many will apply and receive credits, but under the agreement, the total amount of credits, plus attorneys fees, will not exceed $90 million.
      [ Parent ]
      • Re:It's credits - not dollars (Score:5, Insightful)

        by dwater (72834) on Wednesday March 08 2006, @10:56PM (#14880611)
        > the total amount of credits, ***plus attorneys fees***, will not exceed $90 million

        Well, that must reduce the amount a little, surely...
        [ Parent ]
      • by ensignyu (417022) on Wednesday March 08 2006, @11:45PM (#14880837)
        Maybe the attorneys get credits too! Suddenly, the web is overrun by ads for "Need legal service cheap?" and "Injured by java api manual?"

        Bidding prices for the adwords "lawyer" and "class action" jump into the thousands.
        [ Parent ]
    • Maybe Slashdot editors (and this submitter) work for the RIAA accounting department in their spare time!
    • From a company like Google, credits are as good as cash.

      Now Lane's Gifts just need to set up an advertising agency, and its clients will advertise via its account (and credits) on Google.
    • by flyingsquid (813711) on Wednesday March 08 2006, @11:10PM (#14880690)
      Hey submitter and editors -- Google isn't PAYING anything. They are giving credits to buy more advertising. Am I the only one who recognizes the difference between "getting paid $1" and "getting credit for $1 - at that company"?

      Plus, if Google is clever, they'll get just some guys to click on the ads bought with credit and use up that $90 million in no time...

      [ Parent ]
    • For a publicly traded company paying something can be better than having to expense something or reducing your revenues. The primary quantity of interest is net income, which is accrued revenues - expenses and is not cash-flows. They could very well have
      • Re:It's ALL credits - not dollars (Score:4, Insightful)

        by x2A (858210) on Thursday March 09 2006, @01:42AM (#14881198)
        Okay that's RUBBISH. The strength of the economy is nothing to do with how much money is out there, but how much it's moving around.

        Cash is an abstraction of value. It's value comes from the fact that it's mutually recognised as having a value. That's where it's value comes from, a common-agreement. You find *anything* that people are just as willing to exchange for services/resources as money. Gold's "worthless" unless you can find someone who's willing to exchange it for something you want (eg, sex). A pig's useless if you're living with vegie hippies (not that they have money anyway).

        Money means not having to look long and hard for someone who's willing to trade with you. This means you have time for other things. Money is an abstract representation of time ("time is money" is true). There is no way, by the furthest stretch of imagination, that you can say time is worthless. It's the most valuable thing you've got.
        [ Parent ]
        • "This, of course, is why I'm posting AC."

          That, and the tin foil gloves make it hard to type a 200 character password without error.
        • you do realize, I hope, that the Fed can't just print itself as much money as it wants, because that would lead to massive inflation and the collapse of the US economy. The concept of money only works when used as a representation of labor/production.
  • Tip of the iceberg (Score:5, Interesting)

    by jimmyhat3939 (931746) on Wednesday March 08 2006, @09:31PM (#14880284) Homepage
    My guess is this is just the tip of the iceberg. It's a smart move for Google to try and resolve this stuff once and for all, but I doubt strongly this and related issues are likely to go away anytime soon.

    Reasons why I'm concerned about Google's business:

    • The fact that it's basically impossible to ascertain how prevalent click-fraud is.
    • The fact that many many people accidentally click on ads. Don't believe me? Try clicking *anywhere* on the blue ad box that shows up over results. Notice that a click even way on the right of it counts.
    • Many businesses are still in a 'honeymoon' with Google and aren't yet seriously computing the performance of their clicks (how many clicks turn into sales).
    • Do you seriously believe Google can keep getting $0.11 of revenue per search done on the site? Don't believe the statistic? Read the SEC filings and compute it yourself.

    Cue Google-fanatic flamewar.

    • And in other news... (Score:5, Funny)

      by DeafByBeheading (881815) on Wednesday March 08 2006, @09:43PM (#14880330) Journal
      Don't believe me? Try clicking *anywhere* on the blue ad box that shows up over results. Notice that a click even way on the right of it counts.
      ...businesses that advertise with Google are planning to file suit against jimmyhat3939, alleging enticement to commit click fraud.
      [ Parent ]
    • Can we define click fraud? I mean, I think the problem is that ads don't do much. I've long felt that all ads can do is say "Hey, I'm here!" I feel like people don't notice the google ads anymore, and I discriminate against ads I hate. If someone telem
      • Re:Tip of the iceberg (Score:3, Insightful)

        "So I wonder how effective all these net-ads are, esp. with people blocking them with FireFox's AdBlock, etc."

        There are people out there who have a hard time working the remote control for their TV. When these people go on the Internet they use "Internet
      • If you are shopping for a service google adds are often better to use than the results.
      • Re:Tip of the iceberg (Score:3, Insightful)

        Popups etc, I agree, but I've used google adwords from both sides - when looking for cheap secure certificates, for various sites I've worked on, I've followed google ad's AND made the purchase. Also, one of my clients registers adwords, I was actually sur
    • Re:Tip of the iceberg (Score:5, Informative)

      by neodiogenes (930950) on Wednesday March 08 2006, @10:35PM (#14880500)
      1. It is possible to measure click fraud. There are certain statistics that can be used to calculate its effect quite accurately, even if they can't be used to determine it on a per-click basis.

      2. This may be true but in the end the value of a click is the choice of the consumer. People clicking accidentally on a Google ad is no different from people "accidentally" hitting the remote in the middle of a Bud commercial and missing the second half of the 30 seconds. These accidental clicks are factored into the overall effectiveness of the ad.

      3. Most small business might be in the honeymoon, but not large businesses. Most of these are looking very seriously at the bottom line, and finding it's lower than they expected.

      4. At the per-click rates customers pay for certain terms, yes I believe it. Compared with other forms of advertising paid search is turning out to be an incredible value. The main question is how much Google and Yahoo can continue to fine-tune the targeting to squeeze out that much more revenue.

      --- not a Google fanboy as such, but convinced online advertising is where the money is at.
      [ Parent ]
    • "Many businesses are still in a 'honeymoon' with Google and aren't yet seriously computing the performance of their clicks (how many clicks turn into sales)."

      I'll try not to be Mr. Obvious here, but consider this: when companies buy time on TV, they have n
  • Measuring Results (Score:4, Interesting)

    by Thunderstruck (210399) on Wednesday March 08 2006, @09:32PM (#14880286)
    I wonder why internet advertising does not take a page from the radio advertising playbook. Daily, on the radio, I hear ads that say "Mention this ad and save an additional 12%!" This system allows the advertising folks to learn quickly whether their ad is reaching its audience. The customers come in and tell you so.

    Is there any reason why internet ads do not do this?
    • Yes. Because if that happened, some of the profit from the ad would go to the person doing the search instead of Google. Google doesn't want this and therefore won't ever offer coupons on their site.

      Pretty soon, two trends will effectively offer these ki

    • Re:Measuring Results (Score:5, Informative)

      by M0b1u5 (569472) on Wednesday March 08 2006, @09:43PM (#14880332) Homepage
      We do things differently on the web. Your suggestion **IS** used by some advertisers, but I suspect it is not too popular.

      On the web, all you have to do is create different landing pages for each of your adverts. These are unique, and the stats speak for themselves.

      Using decent server side code, it's also possible to distinguish which advertisement your actual purchasers arrived from, and this is quite prevalent amongst serious e-commerce businesses.

      If your IT department isn't all that good, you can splurge big time on a very sophisticated WebTrends account, which will do all this stuff, and a lot more besides.

      [ Parent ]
        • that gives you the people that come on to your site from say google.
          but does it also tell you howmany of those people went on to buy somthing right away?
          how about people who used google to find you, checked out your product but only came back a week later,
  • Deceptive (Score:4, Informative)

    by celeritas_2 (750289) <ranmyaku@gmail.com> on Wednesday March 08 2006, @09:33PM (#14880294)
    Honestly, RTFM poster. Google says it will give advertisers who believe they are victims of click fraud up to 90 mil in advertising credits.
  • so how much is the going rate for the banner slot (top of the page) on slashdot? and for that matter, other popular sites? how much cnn front page time can 90 million get you?


    cribot.com [cribot.com]

    • Re:the going rate (Score:2, Interesting)

      Are the Adsense subscribers going to get screwed with this settlement? Imagine if Google gives out $90 million in credits, and displays those ads contextually via Adsense, but decides to pay the Adsense subscriber well below (or even 0) the normal rate fo
    • Re:the going rate (Score:2, Informative)

      Slashdot has a banner at the top?

      Man, i didn't know people still had to put up with that crap. I just assumed once AdBlock became so prevalent they just got rid of it.

      Anyways, if you dont know what adblock is, you dont belong on slashdot. However, if
      • Re:the going rate (Score:2, Interesting)

        Blocking every bit of advertising is not good for the net. Let say someone tomorrow came out with an addblock tomorrow that out of the box (thus no config from dumb users needed) blocked 95% of ad's on the net. What would result be? Majority of sites eit
  • I'm using adsense. This can't be good for my "shareholder value". Somebody, that means me, will have to pay for this. Anyone want to buy me dinner all next month?
  • Bullshit (Score:4, Informative)

    by XMilkProject (935232) on Wednesday March 08 2006, @10:18PM (#14880452) Homepage
    This story is complete bullshit, It doesn't even begin to represent the truth. For those that didn't RTFA, let me paraphrase:

    Google usually allows advertisers 60 days to claim invalid clicks and recieve a refund for those clicks. Google has made a deal wherein they will allow advertisers to make invalid click claims going all the way back to 2002, and offer advertising credits for all of these clicks. Google does not yet know how many invalid clicks will be reported, but under the terms of the agreement the maximum credit given will come to a total of no more than $90 million.

    So in other words, this posting is either FUD or just bullshit, and Google isn't paying anything, but rather offering advertising credits.
  • $90mln? (Score:4, Funny)

    by Trogre (513942) on Wednesday March 08 2006, @10:38PM (#14880513) Homepage
    Since when have we been using mln to denote million?

    What's wrong with calling 90 Megabucks $90M ?

    Unless people are worried about conflicting with powers of two, but in any case that should be denoted: $90Mi, or 90 Mibibucks.

    Or does mln denote "Millions of dollars worth of in-store advertising credit", which another poster has pointed out is what the plaintiff is receiving.

    • Mebibi (Score:2)

      Am I the only who one who thinks 'mebibyte' sounds really, really stupid?
  • Click Fraud Facts (Score:5, Informative)

    by JehCt (879940) * on Wednesday March 08 2006, @11:04PM (#14880666) Homepage Journal

    Click fraud runs about 40% when noobs manage a Google Adwords account. Much of that comes from Adsense via the Google content network, because it's a way for webmasters to line their pockets at the advertisers' expense. Competitor click fraud happens too.

    The ways to control click fraud are:
    1. Set low bids on the content network. Click fraudsters pick on the richest bids.
    2. Exclude sites from the content network that show below average conversion rates.
    3. Use your own tracking URLs to double check Google's conversion figures.
    4. Don't show your ads in cheap offshore locales. Some sleezebags have set up click fraud offices in these places where people are paid to surf and click on your ads.

    Discount your bids to account for the cost of click fraud. As long as you are happy with your net cost per conversion, click fraud is just a cost of doing business. Your bids are lower, Google earns less. If Google wants to earn more, they should the eliminate fraud.

  • Great News (Score:2, Interesting)

    This is great news, I have been tracking all of our Google Ad Click-Throughs for months now.

    Personaly i have seen hundreds if not thousands of tracking erros

    For example a user clicked on our Ad 10 times in less then 5 seconds, and then another user clicked
  • Google Obviously Has The Leverage (Score:3, Interesting)

    by Doomedsnowball (921841) <doomedsnowballs@yahoo.com> on Wednesday March 08 2006, @11:15PM (#14880712)
    Basically it's an economics problem that the brilliant people at Google have realized. They could win the suit, but only after spending WAY too much on lawyer fees. Of course both sides would agree to a settlement by the defendant (more money, less work for the lawyers on both sides). This is also an opportunity that can't be passed by a defendant who realizes that their case might not have enough to overcome the amount of money Google can throw at a legal defense (which they could, but again, it's an issue of economics). This problem is clear in Google's blog on the subject:

    For the finance folks out there wondering how we'll account for this, we can say that the attorneys' fees (which will be determined by the judge) will be charged as an expense, most likely in the first quarter, once the amount is determined. The credits will be recorded as a reduction to revenue in periods in which they are redeemed.

    Anyone who is acting like Google isn't paying enough doesn't understand either economics or the american legal system (notice I didn't say justice system). They may understand the difference between right and wrong (and I don't think Google is right), but they fail to understand "the way things work in the real world."
  • No, Google is not paying $90 million. (Score:4, Informative)

    by Animats (122034) on Wednesday March 08 2006, @11:21PM (#14880733) Homepage
    For all eligible invalid clicks, we will offer credits which can be used to purchase new advertising with Google. We do not know how many will apply and receive credits, but under the agreement, the total amount of credits, plus attorneys fees, will not exceed $90 million. -- Google blog.

    All this is costing Google are the legal fees.

  • Lame (Score:4, Funny)

    by Anonymous Coward on Wednesday March 08 2006, @11:55PM (#14880865)
    Title says "Pay X", description says, "Pay Up To X", will the actual article say "Pay some amount which may be X".
  • How about Overture aka Yahoo... (Score:3, Insightful)

    by truckaxle (883149) on Thursday March 09 2006, @01:52AM (#14881219) Homepage
    Overture claims [perlworks.com] to provide "Click Protection" for their pay-per-click advertising service. In reality they fail to prevent the most basic and easiest to detect non-authentic clicks - that is competitors clicking on competitors. They do not even filter out a customer clicking on their own links from within the Overture manager. Nor do they provide a method for an advertiser to test their own ad rendered URL's - a necessary function as a means to test the validity of an entered URL. Since filtering out such clicks would be simple and straight forward using established cookies or session id's - I can only speculate the reasons for not patching this obvious flaw and question the "sophistication of Overtures "Click Protection".
    • Re:So how do I actually know? (Score:4, Informative)

      by twitter (104583) on Wednesday March 08 2006, @11:14PM (#14880710) Homepage Journal
      You might follow their links.

      here [blogspot.com] and here [google.com].

      They answer your questions.

      Google wants you to get good value for your money and are doing it in their usual excellent way.

      [ Parent ]
      • Interesting links - which I probably wouldn't have found without looking specifically for them, or without someone like you helping me out. What I've learned essentially is that I'd have to go through logs that I may or may not still have going back years
    • Re:WTF is "click fraud"? (Score:5, Interesting)

      by Schraegstrichpunkt (931443) * on Wednesday March 08 2006, @11:32PM (#14880783) Homepage
      This is click fraud:
      while true ; do wget -O/dev/null 'http://www.google.ca/url?sa=l&ai=BGJPNr64PRKWpIYv 0pAKh-Nj9DtLDihP2_NviAY6Z8ASAwLgCEAIYBCgIOABAzBBIi TlQ5o2j9f______AZgBnEqqATBvcmcubW96aWxsYTplbi1VUzp 1bm9mZmljaWFsK2ZpcmVmb3hfbm9ucmV2c2hhcmXIAQGVAhE3S Ao&num=4&q=http://www.internetcloning.com' ; done
      [ Parent ]
        • Re:WTF is "click fraud"? (Score:5, Interesting)

          by MarkByers (770551) on Thursday March 09 2006, @12:47AM (#14881056) Homepage Journal
          'But how is it fraud?'

          The problem is that Google is charging advertisers for adverts which were not seen (by humans).

          I can understand that the advertiser feels cheated if Google charges advertisers for 1 million clicks on their adverts, but 999,000 of them were faked by a script and only 1000 times a human end-user clicked the advert.

          The problem gets worse when companies are deliberately faking clicks to create huge advertising bills for their competitors, even though their adverts are not being viewed. Similarly angry customers could do this to 'get their own back' on a company that they feel has cheated them.

          Google has a problem here and they need to fix it or people won't want to risk using their service to place adverts.
          [ Parent ]
            • Hence why the people suing Google settled. Google might have actually won this lawsuit, but they felt it was in their best interests to settle.

              Also, it depends on what Google's contract was. If Google said they'd bill some amount "per click-through", b

    • No... (Score:2, Informative)

      Clicking with the only intention being costing the advertiser money is what you'd call illegal clicks. For example:

      "I get paid x per click of this ad, so I'm going to click it lots to get money from the advertiser"

      or

      "My competitor pays x per click of this
      • mln (Score:3, Funny)

        what is "mln" anyway?

        n mln = (10^-3) * ln(n). It's short for 'milli-log-natural'.