Claim from google!

The place for what's new and going on in the tech, innovation, and science world.
Post Reply
User avatar
Harry
Site Admin
Posts: 6784
Joined: Sat Feb 11, 2006 10:44 pm
Location: UK :-)
Contact:

Claim from google!

Post: # 14319Post Harry
Sun May 21, 2006 1:13 am

Has anybody else received this email? After checkig around considerably, I would say it is legitimate! It came to my old computer repair buisnesses email address in the form of a pdf. I'm mighty tempted to submit a claim form for a few million bucks! - Excuse the formatting as I C+P'd it from the pdf.
This court-ordered notice may affect your legal rights. Please read it carefully. If you purchased online advertising from Google between January 1, 2002 and the present, you are a class member in a class-action lawsuit in the Circuit Court of Miller County, Arkansas. This notice is to inform you of the Court’s certification of a class; the nature of the claims alleged; your right to participate in, or exclude yourself from, the class; a proposed settlement; and how you can claim an award of advertising credits under the settlement. Please read the attached notice.




You can get more information at: www.clicksettlement.com.




Notice of Pendency and Settlement of Class Action, Settlement Hearing and Claims Procedure
This court-ordered notice may affect your legal rights. Please read it carefully.
If you purchased online advertising from Google between January 1, 2002 and the present, you are a class member in a classaction
lawsuit, Lane’s Gifts and Collectibles et al. v. Google, Inc. et al., Case No. CV-2005-52-1, in the Circuit Court of Miller
County, Arkansas. This notice is to inform you of the Court’s certification of a class; the nature of the claims alleged; your right
to participate in, or exclude yourself from, the class; a proposed settlement; and how you can claim an award of advertising
credits under the settlement. If you purchased online advertising from Google on behalf of another party, please forward
this notice to the advertiser.
• The settlement will provide advertising credits to class members who certify that they were the victims of “click fraud” or
other invalid or improper clicks on online advertisements purchased from Google on or after January 1, 2002.
• The settlement will resolve claims that Google breached its contracts with advertisers and violated other laws by failing
to adequately detect and stop “click fraud” or other invalid or improper clicks on online advertisements.
• If you are a member of the class, your legal rights are affected by whether you act or do not act.
YOUR LEGAL RIGHTS AND OPTIONS
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.
Exclude
Yourself
You will not be able to submit a claim form for Google advertising credits. This is the only
option that allows you to bring or participate in another lawsuit against Google about the
subject matter of this case.
Object Write to the Court and parties about why you don’t like the settlement.
• These rights and options—and the deadlines to exercise them—are explained in this notice.
• The Court in charge of this case still has to decide whether to approve the settlement. Awards of advertising credits will
be made only if the Court approves the settlement. If someone appeals from the Court’s approval of the settlement,
awards of credits will not occur until the appeal is resolved.
WHAT IS THIS CASE ABOUT?
Plaintiffs Lane’s Gifts and Collectibles and Max Caulfield d/b/a Caulfield Investigations allege that Google breached its contracts
with class members, unjustly enriched itself, and engaged in a civil conspiracy by failing to adequately detect and stop “click
fraud” or other invalid or improper clicks on online advertisements. Google denies plaintiffs’ allegations and contends that all
payments that it has received from class members for online advertising were legally and properly charged, and that it has
neither breached its contracts with class members nor violated any other law through the actions alleged in the case. The Court
has not made a determination whether plaintiffs’ or Google’s contentions are correct.
WHY IS THERE A SETTLEMENT?
The Court did not decide in favor of plaintiffs or Google. Instead, both sides agreed to a settlement. That way, both sides avoid
the cost and uncertainty of further litigation.
AM I AFFECTED BY THE SETTLEMENT?
If you fit within the definition of the class that the Court has certified, then you are a member of the class and you will be affected
by the settlement. The class that the court has certified is defined as:
All persons or entities, together with any officer, employee or agent of the same, that purchased advertising on the
Internet from Google on or after January 1, 2002, regardless where the ad was displayed.
WHAT WILL I GET FROM THE SETTLEMENT?
Under the settlement, Google will establish a $90 million settlement fund, of which a portion will be used to pay class counsel’s
fees and costs, and the remainder will be available to class members in the form of advertising credits that may be applied to up
to 50% of the cost of future online advertising purchased from Google. To receive credits, you must submit a valid and timely
claim form. Credits will be awarded on a pro rata basis, taking into account the amount that you paid to Google for the ads and
the total amount of credits available. For example, if the amounts that you paid to Google for the affected ads were 1% of
Google’s revenues from online advertising since January 1, 2002, you would be eligible to receive 1% of the total available
credits. You must certify in your claim form the percentage of your ads you believe were affected by “click fraud”.
HOW DO I SUBMIT A CLAIM FORM?
To receive a claim form, visit the following website between June 19, 2006 and August 4, 2006 and enter the requested
information.
www.clicksettlement.com
If you do not submit your Claim Form by August 4, 2006, your claim will be deemed late and will be rejected.
2
WHAT ARE THE ATTORNEYS GOING TO BE PAID?
The Court will decide the amount of fees to be paid to class counsel and the extent to which the expenses that they incurred in
working on the case should be reimbursed. Class counsel intend to seek a maximum of 33 ⅓ percent of the settlement fund, or
$30 million, in attorneys’ fees and expenses in this case. Under the settlement, Google has agreed that it will not oppose an
award of up to $30 million to class counsel.
WHEN WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
The Court has scheduled a hearing on July 24 and 25 beginning at 9:00 a.m. to consider whether the settlement is fair,
reasonable and adequate and to determine the amount of the fees and expenses to be awarded to class counsel. The hearing
will be held in the Juvenile Courtroom at 305 E 5th Street, Texarkana, Arkansas 71854. It is possible that the hearing may be
postponed.
HOW DO I REMAIN A CLASS MEMBER?
You do not need to do anything to remain a class member. You will be bound by all orders and judgments of the Court, whether
favorable or not. You will be represented by class counsel. You do not have to pay class counsel.
If you remain in the class, you will be eligible to submit a claim form for Google advertising credits online between June 19, 2006
and August 4, 2006. In return you will be giving up any claim for damages against Google relating to the subject matter of this
case.
WHAT AM I GIVING UP TO RECEIVE ADVERTISING CREDITS OR STAY IN THE CLASS?
Unless you exclude yourself (opt out), you are staying in the class, and that means you can’t sue, continue to sue, or be part of
any other lawsuit against Google relating to the subject matter of this case. It also means that all of the Court’s orders will apply
to you and legally bind you. The legal issues in this case involve allegations that Google breached its contracts with advertisers
and violated other laws by failing to adequately detect and stop “click fraud” or other invalid or improper clicks on online
advertisements.
Any member of the class who does not opt out fully and finally releases and waives all claims, demands, rights, liabilities, and
causes of action of any nature that were asserted or might have been asserted, under any law whatsoever, that arise out of,
relate to, or are in connection with the legal claims against Google in this case, or any facts, transactions, events, policies,
occurrences, acts, disclosures, statements, omissions or failures to act, which are or could be the basis of claims that the
monies Google received for online advertising on or after January 1, 2002 should not have been charged, received or held by
Google. Class members who do not opt out also fully and finally release all of those same matters against all of Google’s
partners who published online ads provided by Google.
HOW DO I EXCLUDE MYSELF (OPT OUT) FROM THE CLASS?
You may exclude yourself (opt out) from the class if you mail a signed letter asking to be excluded from the Class to the
following address:
Google Settlement Opt Out
c/o Gilardi & Co. LLC
P.O. Box 808070
Petaluma, CA 94975-8070
The letter asking to be excluded must be postmarked no later than thirty (30) days after the date this Notice was sent. If
you are excluding yourself, the letter must contain your name and address and say that you want to be excluded from the
settlement. If you are excluding your company, your letter must contain your company’s name and address, your position in the
company, and a statement that you are authorized to act on behalf of the company. If you exclude yourself (opt out), you will
not participate in the settlement or receive any of the benefits of the settlement. If you wish to remain a class member,
DO NOT send a letter asking to be excluded.
HOW DO I OBJECT TO THE SETTLEMENT OR THE ATTORNEYS’ FEES?
If you don’t like the settlement and wish to object, you must say so in writing. Mail a letter saying what you do not like about the
settlement to all of these 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
The deadline for objection is thirty (30) days after the date this Notice was sent. If you want to object, you must mail your
letter early enough so that it is received by the deadline.
If you make an objection by the deadline, and you also want to speak at the hearing, you must ask the Court for permission to
do so. You may choose to be represented by counsel, but you will have to pay that counsel.


Drugs have taught an entire generation of kids the metric system..

TAZ's better half: http://www.theadminzone.com/

User avatar
Egaladeist
I am the Eg man : Coo Coo Ca Choo
Posts: 18908
Joined: Sun Dec 25, 2005 1:02 am
Location: Canada

Post: # 14320Post Egaladeist
Sun May 21, 2006 2:23 am

I don't know nokia....seems legit...

http://www.google.ca/search?client=fire ... gle+Search
Google, Inc. et al., Case No. CV-2005-52-1, in the Circuit Court of Miller - Google Search

but how can you be sure? This should have been on the news someplace if it's legit.

Eg ;)

User avatar
xierox
Hoopy Frood
Posts: 314
Joined: Sat Dec 31, 2005 2:08 am

Post: # 14329Post xierox
Sun May 21, 2006 12:10 pm

Well, I knew they were getting sued, so it's possible this is legit, but it is odd to just randomly get this in your e-mai.l (Unless it's a Gmail account you've used to buy adveritising from them?)

All in all, it's too bad. I like Google. They're not perfect, but they're pretty good.

- Xierox
Image
Sometimes the light's all shining on me, other times I can barely see. Lately it occurs to me what a long strange trip it's been.

User avatar
Harry
Site Admin
Posts: 6784
Joined: Sat Feb 11, 2006 10:44 pm
Location: UK :-)
Contact:

Post: # 14335Post Harry
Sun May 21, 2006 1:21 pm

Yeah, I like google too, they seem like a honest enough company, who genuinley try to provide a decent level of product to its customers and are not just tying to screw everyone, to make as much money as they can.

It came to an email address that belongs to a company I used to have a few years ago - that company did/does have an adsense account with google - which is wat made me think it may be legit'?
Drugs have taught an entire generation of kids the metric system..

TAZ's better half: http://www.theadminzone.com/

User avatar
Egaladeist
I am the Eg man : Coo Coo Ca Choo
Posts: 18908
Joined: Sun Dec 25, 2005 1:02 am
Location: Canada

Post: # 14337Post Egaladeist
Sun May 21, 2006 1:30 pm

Well...the only reliable news source I could find was this...

http://news.com.com/2100-1030_3-6071535.html
Lawsuit seeks to block Google settlement | CNET News.com



Eg ;)

User avatar
Panama Red
I come Unseen
Posts: 5469
Joined: Sun Feb 12, 2006 12:14 am

Post: # 14342Post Panama Red
Sun May 21, 2006 2:53 pm

I like google as well, but I also used to like Norton, seems to me google is starting to suffer the we are bigger then everybody else attitude.

http://www.benedelman.org/ they also don't help themselves when they are responsible for questionable stuff.Image
Image

User avatar
Timaxe
Hmmm, should I post some more ?
Posts: 455
Joined: Sun May 14, 2006 8:46 pm
Location: Virginia
Contact:

Post: # 14369Post Timaxe
Sun May 21, 2006 7:48 pm

I've looked at a little bit of the history of this case, and it is interesting. There used to be a class in this class-action lawsuit, but several plaintifs dropped out back in May 2005. It was also denied an appeal to be tried in a federal court on Sept 15, 2005. (Google and search engines with pay-per-click advertising wanted it tried at the federal level - the Arkansas Court of Appeals denied that)

See: http://www.marketingvox.com/archives/20 ... ate_court/


BUT, it looks like Google wants to settle. $60 million or so...but not in real money. They want to provide up to $60 million worth of advertising credits. Gotta love internet currency... That's giving you about $4.5 of advertising credits back to you for every $1000 you've spent...
The refunds, which will be provided in the form of advertising credits, are meant to compensate Google's customers for undetected click fraud, which contributed to the $13.3 billion in ad revenue that has poured into the company since 2001.
See:
http://www.cbsnews.com/stories/2006/05/ ... 0240.shtml

User avatar
Egaladeist
I am the Eg man : Coo Coo Ca Choo
Posts: 18908
Joined: Sun Dec 25, 2005 1:02 am
Location: Canada

Post: # 14374Post Egaladeist
Sun May 21, 2006 8:14 pm

Hardly seems worth it...but as I expected...most of these big-time lawsuits are for the lawyers not the clients...this'll net them 33% of the take...30 million of the 90 million total...and google and the plantiffs have already agreed that 30 million to the lawyers and court costs are a reasonable percentage of the total :roll: it also is a good promotional pay-day for the lawyers who win...

and the clients walk away with peanuts...

kinda reminds me of Lucy with the football ;)

Eg ;)

Post Reply