"In spite of Defendant’s contractual promises, Plaintiffs and other Facebook advertisers are routinely charged for invalid clicks well in excess of industry standards, often by as much as three and four times more than other major advertising platforms," allege RootZoo and two other marketers in new court papers.
The amended complaint comes four weeks after U.S. District Court Judge Jeremy Fogel dismissed some of the advertisers' original allegations. Fogel had tenatively agreed with with Facebook that a disclaimer in its ad contract protects it from liability for fraudulent clicks generated by third parties -- such as clicks generated by an advertiser's competitors. That ruling didn't end the case because Fogel allowed the marketers to proceed with other allegations regarding Facebook's liability for errors in counting clicks. He also ruled that the marketers could try again to hold Facebook liable for fraudulent clicks by third parties.