Facebook advertisers lose bid

Comment on this story
Facebooklogo REUTERS

Facebook Inc, which runs the world's largest social networking website, won a court ruling on Friday rejecting a bid by thousands of advertisers to sue the company as a group for overcharging them.

US District Judge Phyllis Hamilton in Oakland, California, denied the advertisers' request for class-action status, saying they failed to show they had enough in common to sue for breach of contract and violating California's unfair competition law.

“The court is persuaded by Facebook's argument that plaintiffs have not shown that they have a viable method for proving each class member's recovery,” Hamilton wrote. “The need to determine both liability and damages on an individualised basis makes this case inappropriate for class treatment.”

Jonathan Shub, a lawyer for the advertisers, declined to comment. Facebook spokesman Andrew Noyes said the company is reviewing the decision.

Class certification often leads to higher recoveries and allows plaintiffs to cut legal bills.

Facebook is expected this year to conduct perhaps the most anticipated US initial public offering ever. The Menlo Park, California-based company is valued at $95.8 billion, according to SharesPost Inc, which tracks valuations of private companies.

In their 2009 lawsuit, the advertisers accused Facebook of overcharging them on their “cost-per-click” contracts, under which they paid fees each time users clicked their ads.

According to the advertisers, Facebook improperly imposed charges for nonexistent clicks, for clicked ads that never opened, for clicks caused by server problems, and for accidental multiple clicks by individual users, among other types of clicks.

But citing a 2011 US Supreme Court decision involving Wal-Mart Stores Inc that limited class-action litigation, Hamilton said the advertisers showed neither a “systemic breach of contract” nor enough similarity among the claims raised.

“There is no way to conduct this type of highly specialised and individualised analysis for each of the thousands of advertisers in the proposed class,” she said.

Hamilton scheduled a May 17 conference to discuss how best the case should proceed.

The case is In re: Facebook Inc PPC Advertising Litigation, US District Court, Northern District of California, No. 09-3043. - Reuters

sign up

Comment Guidelines

  1. Please read our comment guidelines.
  2. Login and register, if you haven’ t already.
  3. Write your comment in the block below and click (Post As)
  4. Has a comment offended you? Hover your mouse over the comment and wait until a small triangle appears on the right-hand side. Click triangle () and select "Flag as inappropriate". Our moderators will take action if need be.

  5. Verified email addresses: All users on Independent Media news sites are now required to have a verified email address before being allowed to comment on articles. You are only required to verify your email address once to have full access to commenting on articles. For more information please read our comment guidelines