Google AdWords Class Action Settlement - WickedFire - Affiliate Marketing Forum

Unarmed Gunman · 06-09-2009, 07:02 PM

Anybody else get this email? CLRB Hanson LLC et al. v. Google Class Action Settlement

Quote:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

CLRB HANSON INDUSTRIES, LLC d/b/a INDUSTRIAL PRINTING, and HOWARD STERN,
on behalf of themselves and all others similarly situated, Plaintiffs, vs.

GOOGLE, INC.,

Defendant.
Case No. C 05-03649 JW PVT

NOTICE OF PENDENCY AND PROPOSED
SETTLEMENT OF CLASS ACTION AND SETTLEMENT HEARING

TO: ALL PERSONS OR ENTITIES RESIDING IN THE UNITED STATES WHO HAVE PAID GOOGLE FOR ADVERTISING PURSUANT TO GOOGLE'S ADWORDS PROGRAM WHO (A) BECAME ADWORDS ADVERTISERS BETWEEN JUNE 1, 2005 AND FEBRUARY 28, 2009, INCLUSIVE, AND WHO WERE CHARGED MORE THAN THEIR PER DAY DAILY BUDGET ON ANY DAY DURING THAT TIME PERIOD; OR (B) PAUSED THEIR ADWORDS ADVERTISING CAMPAIGNS ON ANY DAY DURING THE PERIOD FROM JANUARY 1, 2002 TO FEBRUARY 28, 2009, INCLUSIVE, AND DURING THE SAME BILLING PERIOD WHEN THEIR ADWORDS ADVERTISING CAMPAIGNS WERE PAUSED, WERE CHARGED MORE THAN THE PRODUCT OF THEIR PER DAY DAILY BUDGET TIMES THE NUMBER OF DAYS THAT SUCH CLASS MEMBERS' ADVERTISING CAMPAIGNS WERE NOT PAUSED DURING THAT BILLING PERIOD

PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LITIGATION. IF YOU ARE A CLASS MEMBER, YOU MAY BE ENTITLED TO RECEIVE BENEFITS PURSUANT TO THE PROPOSED SETTLEMENT DESCRIBED HEREIN.

EXCLUSION DEADLINE: REQUESTS FOR EXCLUSION FROM THE CLASS MUST CONTAIN THE INFORMATION SET FORTH BELOW AND BE ACTUALLY RECEIVED BY THE CLAIMS ADMINISTRATOR ON OR BEFORE JULY 14, 2009.

I. SUMMARY OF SETTLEMENT AND RELATED MATTERS
A. Purpose of this Notice This Notice is given pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the Court, dated May 12, 2009. The purpose of this Notice is to inform you that the above-entitled action ("the Action") has been certified as a class action and of the terms of a proposed settlement of the Action. This Notice describes rights you may have under the proposed settlement and what steps you may take in relation to this litigation. This Notice is not an expression of any opinion by the Court as to the merits of any claims or any defenses asserted by any party in this litigation, or the fairness or adequacy of the proposed settlement.

B. Statement of Recovery to the Class
Pursuant to the settlement described herein, $20,000,000, in a combination of cash and AdWords Credits, have been created for the benefit of the Class. These funds have been placed in an interest-bearing escrow account.

A Class member's distribution from the net Settlement Fund will be determined by a Plan of Allocation to be approved by the Court. An explanation of how each Class member's distribution will be calculated for purposes of the settlement is set forth in the proposed Plan of Allocation which is summarized in Part VI of this Notice below.

C. Statement of Potential Outcome of the Case Google has denied, and continues to deny, each and all claims of wrongdoing against it and continues to assert defenses thereto, and has expressly denied any wrongdoing or legal liability out of any of the conduct alleged in the Action. Google denies that Representative Plaintiffs or the Class have suffered any damages or are entitled to any restitution. Representative Plaintiffs considered that there was a substantial risk that they and the Class might not have prevailed on their claims and that there were risks that they and the Class could have recovered substantially less than the settlement amount, if the case had been litigated to judgment.

The settlement was reached only after the parties conducted arduous arm's-length negotiations over a period of two months. Representative Plaintiffs' Counsel have determined that the settlement was fair, reasonable and adequate and in the best interest of the Class.

D. Statement of Attorney's Fees and Expenses and Representative Plaintiffs' Incentive Compensation Awards Sought Representative Plaintiffs' Counsel for the Class intend to apply for: attorneys' fees of not more than $5,000,000, plus a proportionate share of the interest earned on the Settlement Proceeds, for reimbursement of expenses incurred in connection with the prosecution and settlement of this litigation, not to exceed $250,000; and for an incentive compensation award to the two Representative Plaintiffs, not to exceed $20,000 each.

E. Further Information Further information regarding the litigation and this Notice may be obtained by contacting Representative Counsel
for the Class:

LESTER L. LEVY
WOLF POPPER LLP
845 Third Avenue
New York, NY 10022

RACHEL S. BLACK
SUSMAN GODFREY L.L.P.
1201 Third Avenue, Suite 3800
Seattle, WA 98101

MARC M. SELTZER
SUSMAN GODFREY L.L.P.
1901 Avenue of the Stars, Suite 950
Los Angeles, CA 90067-6029

The rest of it is here

texic · 06-09-2009, 07:35 PM

I don't feel like reading through everything but just seeing the first paragraph makes me think it's a losing battle..

"WHO WERE CHARGED MORE THAN THEIR PER DAY DAILY BUDGET ON ANY DAY DURING THAT TIME PERIOD"

From the adwords interface: "Daily budget represents your average spend over the month; actual spend on a given day may vary."

clashctyrokr · 06-09-2009, 07:39 PM

Cliff notes please.

Unarmed Gunman · 06-09-2009, 08:20 PM

Quote:

Originally Posted by clashctyrokr

Cliff notes please.

Here they are:

Lawyers win.

bamboo · 06-09-2009, 08:24 PM

got this too and not expecting much

BeerHat · 06-09-2009, 08:46 PM

Yeah, I got this. I thought it was spam at first, it yet might be spam. I doubt anything will come of it if it is true.

Roundabout · 06-09-2009, 08:54 PM

Got it. From the looks of it, Google has already allocated like 20,000,000 toward the "settlement" for free PPC credits, etc to the winners.

It could be a hoax to get your info though... not sure.

MikeW · 06-09-2009, 09:30 PM

Quote:

Originally Posted by Roundabout

It could be a hoax to get your info though... not sure.

I would have to give a scammer props for writing that much. He would deserve a nice payout.

I got it too and it seems like it may be legit, but who knows. Usually in class action suits you get around $1.50 so I won't be holding my breath.

BigWill · 06-09-2009, 10:20 PM

Just skimming over the document it looks like the class action is seeking any funds that went over budget for that time frame. I just skimmed so I could be wrong.

But if that is correct then you could look at your budgets and overage for the last X amount of days and get a credit for it.

evo190 · 06-09-2009, 10:25 PM

I never had a problem with Google's monthly invoice exceeding my daily limit $, so I guess no monies for me.

robfantasy · 06-09-2009, 10:53 PM

Howard Stern?

Unarmed Gunman · 06-10-2009, 03:09 AM

Quote:

Originally Posted by robfantasy

Howard Stern?

I believe his company was the original complainant.

droplister · 06-10-2009, 10:17 PM

I sent them the info they want. It's your name, email, adwords id, and address. That doesn't seem like much of a phishing attempt. The domain adwordscustomersettlement.com is registered by http://gilardi.com which has been registed since 1997. So if this is a spam/phish/hoax it's super well executed.

Google has definitely charged me more than my daily budget before, I don't know how much though, I would imagine they have a db of records based on the info they want.

I gave it a go because I don't have a problem releasing the information they want anyways.

droplister · 06-10-2009, 10:20 PM

Or again, maybe not, AdWords Class-action Lawsuit Emails?

AdExhibitJason · 06-11-2009, 01:56 AM

got it to, thought it was spam

06-09-2009, 07:35 PM	#2 (permalink)
texic Senior Member Join Date: Jan 2009 Location: The Internet Posts: 210 iTrader: 0 / 0%	I don't feel like reading through everything but just seeing the first paragraph makes me think it's a losing battle.. "WHO WERE CHARGED MORE THAN THEIR PER DAY DAILY BUDGET ON ANY DAY DURING THAT TIME PERIOD" From the adwords interface: "Daily budget represents your average spend over the month; actual spend on a given day may vary." Share Share this post on Digg Del.icio.us Technorati Twitter

06-09-2009, 07:39 PM	#3 (permalink)
clashctyrokr Senior Member Join Date: Dec 2008 Posts: 697 iTrader: 23 / 96%	Cliff notes please. Share Share this post on Digg Del.icio.us Technorati Twitter __________________ ┌∩┐(◕_◕)┌∩┐ High-Quality Content Available @ $.02 per Word - FREE Review Copies for Mods!

06-09-2009, 08:24 PM	#5 (permalink)
bamboo marketing on steroids Join Date: Mar 2007 Location: California Posts: 515 iTrader: 1 / 100%	got this too and not expecting much Share Share this post on Digg Del.icio.us Technorati Twitter __________________ twitter.com/affbamboo

06-09-2009, 08:46 PM	#6 (permalink)
BeerHat Marketing Machine Join Date: Feb 2007 Location: Miami, FL Posts: 644 iTrader: 15 / 100%	Yeah, I got this. I thought it was spam at first, it yet might be spam. I doubt anything will come of it if it is true. Share Share this post on Digg Del.icio.us Technorati Twitter __________________ Submit A Tutorial-Get 2 Free Links

06-09-2009, 08:54 PM	#7 (permalink)
Roundabout Banned Join Date: Apr 2009 Posts: 3,503 iTrader: 1 / 100%	Got it. From the looks of it, Google has already allocated like 20,000,000 toward the "settlement" for free PPC credits, etc to the winners. It could be a hoax to get your info though... not sure. Share Share this post on Digg Del.icio.us Technorati Twitter

06-09-2009, 10:20 PM	#9 (permalink)
BigWill A Living Legend. Join Date: Oct 2007 Location: Nebraska Posts: 2,906 iTrader: 0 / 0%	Just skimming over the document it looks like the class action is seeking any funds that went over budget for that time frame. I just skimmed so I could be wrong. But if that is correct then you could look at your budgets and overage for the last X amount of days and get a credit for it. Share Share this post on Digg Del.icio.us Technorati Twitter

06-09-2009, 10:25 PM	#10 (permalink)
evo190 sudo make money Join Date: May 2009 Location: Shitbridge NJ Posts: 296 iTrader: 0 / 0%	I never had a problem with Google's monthly invoice exceeding my daily limit $, so I guess no monies for me. Share Share this post on Digg Del.icio.us Technorati Twitter

06-09-2009, 10:53 PM	#11 (permalink)
robfantasy Senior Member Join Date: Dec 2007 Posts: 222 iTrader: 0 / 0%	Howard Stern? Share Share this post on Digg Del.icio.us Technorati Twitter __________________ Want to know how I jumped conversions by 20% and saved $100,000 in potentially wasted marketing dollars?????

06-10-2009, 10:17 PM	#13 (permalink)
droplister Senior Member Join Date: Aug 2007 Location: Massachusetts Posts: 832 iTrader: 14 / 100%	I sent them the info they want. It's your name, email, adwords id, and address. That doesn't seem like much of a phishing attempt. The domain adwordscustomersettlement.com is registered by http://gilardi.com which has been registed since 1997. So if this is a spam/phish/hoax it's super well executed. Google has definitely charged me more than my daily budget before, I don't know how much though, I would imagine they have a db of records based on the info they want. I gave it a go because I don't have a problem releasing the information they want anyways. Share Share this post on Digg Del.icio.us Technorati Twitter __________________ мейкманиесонлайн

06-10-2009, 10:20 PM	#14 (permalink)
droplister Senior Member Join Date: Aug 2007 Location: Massachusetts Posts: 832 iTrader: 14 / 100%	Or again, maybe not, AdWords Class-action Lawsuit Emails? Share Share this post on Digg Del.icio.us Technorati Twitter __________________ мейкманиесонлайн

06-11-2009, 01:56 AM	#15 (permalink)
AdExhibitJason Banned Join Date: Apr 2008 Location: Wisconsin Posts: 1,402 iTrader: 2 / 75%	got it to, thought it was spam Share Share this post on Digg Del.icio.us Technorati Twitter

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