I am an Adwords advertiser and recently I have been comparing my page views (how many times a visitors sees a page) to the number of clicks Google has been charging me. On November 25th, my Web site had 308 page views, but Google charged me for 705 clicks.
In any other business, that would be called fraud. Part of me wonders if Google is doing this to other Adword advertisers and that is how they are “jacking up” their revenues, thus increasing their stock price that hasn’t been seen since the “Dot.com” bubble burst in the late 1990’s.
My question is, has any one else experienced this problem and is there any legal action against Google I can take not only to help me but also other unsuspecting Adword advertisers maybe being taken advantage of without their knowledge?Google Adwords -- Charges for False Clicks?
Because I am an attorney, I have to say: I am not your attorney. I do not represent you. If you feel you have a valid claim, you should immediately consult an attorney in person. I am not advising you one way or another to do anything.
Below is what I would do assuming that this happened to me in the state where I live (so I am familiar with the law and the court rules). However, I am an attorney, so I am comfortable with doing this kind of thing. Since you are not, you should probably put the ';consult an attorney'; part first.
First, I would be very cautious proceeding against Google. They can afford a lot of attorneys.
Second, I would be very cautious about the facts. Computers are complex and either side may be miscounting, or counting something different, or counting for a different period of time. (For example, does their 24-hour day differ from mine because we are in different time zones?)
So, as a first step, I think I would raise the issue with their help desk. I would take a deep breath before I call and remain calm throughout. I would not show them my cards -- I would act like I am concerned, but not angry. The point of the call is to get more information from them, not to blast them. I would remember that they may be recording it, and I don't want to look like an idiot to the judge.
I would make sure to write down the name of the person I talk to and try to get a phone number or email address I can use to contact them directly. In any case, I would make sure that I get whatever internal ticket number they use to track my call.
I would then explain the situation to them -- they there is a discrepancy between my numbers and theirs, and that I would like to try to track down the source of the discrepancy. (I would avoid saying, ';So I can sue your butt.';) I would be listening and taking careful notes on the technical description that they give me. I would not argue with them, especially if I know that they are dead wrong. I am trying to get evidence, not start a fight.
After the call is the time to think about and critique what they told me. I would read whatever agreement I entered as part of the Adwords deal. I would talk it over with some of my friends from a technical perspective. Is there any problem, even slight, with my numbers, or with the technology I am using to count, or with the way I set it up? If so, I would correct the problems and re-evaluate.
After all of that, if I still felt like I am getting ripped off, I would write a letter of complaint to Google. In the letter, I would provide all of the data I can provide them, in detail. If I can send them a file on disk of all of my page views, that would be ideal. I would tell them that I am very concerned that I am being falsely charged. I would ask them to respond, in detail and within 30 days. I would not threaten and would be very polite -- it will get a better response (and looks better if I get no response).
If they blow me off or give me a response I don't believe, then I would talk to a lawyer. Yes, I am a lawyer, but I don't do litigation for a living, so I would be out of my depth. I will tell you that I would not trust a lawyer who would advise me to sue for such a small amount of money. However, I might get a free evaluation of my case. I would take the contract any my communications with Google with me to make sure the lawyer looks at them.
You may find a lawyer who is willing to try a class action against Google. I won't comment on that further. I don't like those kinds of lawyers. Given your views on Google's motivation -- which I have to say you seem to have zero evidence for -- you may find that you do like them. There are lots of them in California, if that is where you live
In any case, if no lawyer takes the case, I can always file a small claims court case on my own. (You probably can, too. You don't have the be a lawyer and the court may provide you a form to fill out.) I would sue simply for breach of contract, so I would set out the basic facts, attach the contract to the claim paperwork, ask for my money back, and say exactly how much money that is. I would avoid saying fraud if I really want to win.
Small claims cases are a royal pain for big companies because it costs them more to defend the case than to pay it off. Nonetheless, most of them do defend them because failing to defend them just invites more cases. I would go in expecting to lose -- they will have a litigator to defend them. But I might get lucky and I will have had my day in court.
When I have my day in court, I would make sure to stay away from technical jargon and overblown rhetoric. The judge in the small claims court may not be the brightest star in the universe and most likely has no clue about internet technologies. So, I would keep it simple. I would tell the judge that this is a simple case of a giant company miscounting what they sold me and refusing to refund me. It is not a grand social crusade. I would testify myself, so that Google has to show up with a witness. If they show up with just a lawyer, and no witness, I would point out that they brought no evidence, so the only evidence before the court is mine. I would remember to provide a calculation of damages (the amount Google owes me). I would remember that the papers I filed to start the case are not evidence, so I need to testify to everything say in them.
After the case, I would remember that many states allow small claims court cases can be appealed for a new trial in a district court. I would have to think about whether I wanted to do this, or threaten to do it. In any case, if Google loses, I would be aware of it.
I would also remember that courts look very poorly on people who refuse to settle and then lose. In particular, I might end up getting stuck with Google's legal fees. So, if they offer a decent settlement, I would take it.
I would also remember that courts can also fine people who file suits that do not have a good basis to them or who misbehave in any way. Since there is so little money at stake in this case, I would remember that the risk of taking action may outweigh the loss.
So, instead of going the legal route, I might just decide to switch from Google to someone else and tell Google why.Google Adwords -- Charges for False Clicks?
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