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 Breach of Ad Terms: Hanson Industries v. Google Update

Google has been sued for overcharging in AdWords by CLRB Hanson Industries LLC and others, in Santa Clara Superior Court. The complaint, filed on August 3, 2005,  accuses Google of charging advertisers more than the daily limits that the system lets advertisers choose (see Update 32).

Google filed a motion for summary judgment Oct 2, 2006. Google says, the terms of the parties’ Agreement expressly state that on any single day, the AdWords system may deliver up to 20% more ads than an advertiser’s daily budget calls for and that an advertiser will never be charged more than [his/her/its] average daily budget over the course of a month. According to Google, its invoices show that Plaintiffs were not charged more than 120% of the daily budget on any given day or more than the number of days in a month multiplied by the daily budget.

 

 

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