A class action lawsuit, Rene Cabrera v. Google LLC (Case No. 5:11-cv-1263-EJD), has gained momentum as a federal court certified the case as a class action. The case, currently pending in the Northern District of California, revolves around claims that Google misled advertisers who used its AdWords Program by allegedly charging them for ad clicks that originated from locations outside their selected geographic targets.
The lawsuit pertains to Google’s AdWords Location Targeting feature, which promised to limit ad distribution to users in specific, advertiser-designated locations. The plaintiffs argue that from January 1, 2004, to March 22, 2011, Google failed to restrict ads to the targeted regions, resulting in charges for clicks from users outside the intended areas. These actions, the plaintiffs claim, violate California’s Unfair Competition Law.
Google, on the other hand, denies all allegations of wrongdoing and liability, maintaining that the company complied with its stated policies during the period in question.
Court-Certified Location Targeting Class
The court certified two classes for this lawsuit, one of which is the “Location Targeting Class.” This class is composed of individuals and entities in the United States who advertised via Google AdWords during the specified period and paid for clicks that originated outside their selected geographic locations.
A court-approved notice has been issued to potential class members, informing them of their rights and options. Google’s records indicate that many advertisers who used the AdWords service during the relevant period may be eligible to join the class action. The ongoing lawsuit has not yet resulted in any financial recovery, and the court has not expressed an opinion on the merits of the case.
Class Members’ Rights and Options
Members of the Location Targeting Class have several options. Those who wish to remain part of the class do not need to take any action at this time. By staying in the class, members may be eligible for compensation if the lawsuit results in a settlement or favorable judgment. However, remaining in the class means they will be bound by all court decisions, whether favorable or unfavorable.
Alternatively, class members may choose to exclude themselves from the lawsuit. Doing so will allow them to retain the right to pursue individual claims against Google but will also forfeit any potential compensation from the class action. Requests for exclusion must be submitted by October 28, 2024, through either a mailed letter or the class action’s official website, www.AdWordsClicksClassAction.com.
For those who wish to hire their own attorney, they may do so at their own expense. However, if they choose not to opt out, class members will be represented by Court-appointed counsel, Kessler Topaz Meltzer & Check, LLP, and Nix Patterson, LLP, with no personal responsibility for attorneys’ fees.
Next Steps
As the lawsuit progresses, additional information, including the long-form notice and other case-related documents, can be found on the official case website. Those with questions are encouraged to contact class counsel or the case administrator for more details.
This class action highlights ongoing concerns around digital advertising and geographic targeting practices, and its outcome could have significant implications for advertisers and the industry at large.
Legitimate Notices Sent to Class Members
Court-appointed law firms, Kessler Topaz Meltzer & Check, LLP, and Nix Patterson, LLP, have begun sending out notices to individuals and entities who appear to be members of the Location Targeting Class. These notices are being delivered via email, with the intention of informing potential class members of their rights and options in the lawsuit.
If you have received one of these emails, it is legitimate. The notice will contain a link to the official case website, www.AdWordsClicksClassAction.com, and a unique code. You can use this code to log into the website and review detailed information about the case, including the steps to take if you want to remain part of the class or opt out of the lawsuit. The email is part of the court-approved notification process, ensuring that affected parties are made aware of their legal rights.
Here is the full text of the email notice sent to potential class members:
You are receiving this Court-approved notice because Google’s records indicate that you or someone associated with your contact information may be a class member in the pending class action lawsuit Rene Cabrera v. Google LLC, Case No. 5:11-cv-1263-EJD (N.D. Cal.). This notice contains summary information regarding the lawsuit, including important deadlines to act. Your legal rights may be affected by this case, so please read this notice carefully. A federal court authorized this notice – it is not a solicitation from a lawyer.
Who Is A Class Member?
In this case, the Court certified two classes. One of the classes is the “Location Targeting Class.” This notice concerns that Location Targeting Class, which is comprised of the following: All persons and entities located within the United States who, between January 1, 2004, and March 22, 2011, advertised through Google’s AdWords Program and paid for clicks on their Google AdWords advertisement(s), where such clicks did not originate from the location selected by the advertiser (“Location Targeting Class” or “Class”). Excluded from the Location Targeting Class are Google and its affiliates, officers, and directors, as well as members of the judiciary, their staff, and jurors in this case.
As noted above, you are receiving this notice because Google’s records indicate that you or someone associated with your contact information may be a member of the Location Targeting Class. IF YOU ARE A MEMBER OF THIS CLASS, YOUR RIGHTS WILL BE AFFECTED BY THIS ONGOING LAWSUIT. If you need more information to determine if you or someone associated with your contact information may be a member of the Location Targeting Class, you may contact Court-appointed class counsel Kessler Topaz Meltzer & Check, LLP, 280 King of Prussia Road, Radnor, PA 19087, (610) 667-7706, [email protected] or Nix Patterson, LLP, 8701 Bee Cave Road, Building 1, Suite 500, Austin, TX 78746, (512) 328-5333, [email protected].
What Is The Lawsuit About?
With respect to the Location Targeting Class, the lawsuit asserts that Google misled advertisers that Google would limit the distribution of ads to users located in the advertisers’ designated locations in violation of the California Unfair Competition Law. The lawsuit alleges that Google distributed ads outside these selected locations and charged for clicks on those ads. Google denies the claims and wrongdoing asserted, as well as any liability arising out of the conduct alleged in the lawsuit.
In August 2023, the Court certified the lawsuit as a class action and approved class representatives and class counsel. The lawsuit is ongoing. The Court has not expressed an opinion concerning the merits of this case, or decided that the claims alleged by Plaintiffs are valid. Additional information regarding the lawsuit as well as the detailed long-form notice and other relevant documents are available on the case website: www.AdWordsClicksClassAction.com.
What Are My Options?
This lawsuit is being litigated and no money has been recovered. If you fall within the definition of the Location Targeting Class described above, you are automatically a Location Targeting Class member. If you want to remain in the Class, YOU DO NOT NEED TO DO ANYTHING NOW. By doing nothing, you will remain in the Location Targeting Class, and if there is a future recovery or settlement for the Location Targeting Class, you may be eligible for a payment. If you are a Location Targeting Class member and remain in the Class, you will be bound by all Court orders, whether favorable or unfavorable to you, and you may not pursue a lawsuit on your behalf with regard to any issues in the lawsuit.
If you DO NOT want to be a Location Targeting Class member and be legally bound by anything that happens in the lawsuit, you must exclude yourself from the Location Targeting Class. To exclude yourself or someone for whom you are an authorized representative, you have two options. You may send a letter by mail to AdWords Clicks Class Action, ATTN: Exclusion Requests, P.O. Box 58220, Philadelphia, PA 19102 or an email to [email protected] by October 28, 2024. You may also submit your request for exclusion through the case website. Your request for exclusion must (i) state that you “request exclusion from the Location Targeting Class in Rene Cabrera v. Google LLC, Case No. 5:11-cv-1263-EJD;” (ii) include the full name, physical address, email address, and telephone number of the person or entity requesting exclusion; and (iii) be signed by the Location Targeting Class member or their authorized representative. To exclude yourself, you or your authorized representative must do one of these two options. Excluding yourself from the Class is the only option that allows you to reserve your right to separately sue Google regarding the legal claims in this lawsuit. Google retains all of its defenses to any individual claims against it and may seek the dismissal of those claims.
Your Other Rights.
Location Targeting Class members are represented by class counsel. You will not be personally responsible for class counsel’s fees and expenses. You may also hire your own attorney at your own expense. If you do hire your own attorney, your attorney must file a notice of appearance with the Court by October 28, 2024.
More Information.
To get a copy of the more detailed long-form notice, or to learn more about this lawsuit, including your rights and options, visit www.AdWordsClicksClassAction.com or call toll-free (833) 355-0988. You may also contact the Court-appointed Administrator, Angeion Group, LLC by emailing [email protected]. You may also contact Court-appointed class counsel Kessler Topaz Meltzer & Check, LLP, 280 King of Prussia Road, Radnor, PA 19087, (610) 667-7706, [email protected] or Nix Patterson, LLP, 8701 Bee Cave Road, Building 1, Suite 500, Austin, TX 78746, (512) 328-5333, [email protected].
