Court Clears Google In Ringtone Ad Suit
A federal judge has dismissed a lawsuit against Google for allegedly displaying fraudulent ringtone ads.
District Court Judge Jeremy Fogel in San Jose ruled that the federal Communications Decency Act immunizes Google from liability for pay-per-click ads created through the AdWords platform.
"Providing third parties with neutral tools to create Web content is considered to be squarely within the protections of (the law)," Fogel wrote. "Even if a service provider knows that third parties are using such tools to create illegal content, the service's provider's failure to intervene is immunized."
The lawsuit was brought by New Jersey resident Jenna Goddard, who alleged that she was billed for a ringtone subscription after entering her cell phone number at fraudulent site that she found via an AdWords ad.
She sought to hold Google responsible on the theory that the company violated its stated policy of requiring that mobile content ads directed users to landing pages with accurate pricing information. Goddard argued that she was a "third-party beneficiary" to the contract between Google and its AdWords advertisers.
Fogel dismissed the case without prejudice, meaning that Goddard can potentially file an amended complaint. But it's not clear that her lawyers will be able to draft allegations that will overcome the Communications Decency Act.
This lawsuit was one of a host of cases stemming from complaints about "free" mobile content, in which companies appeared to offer ringtone ads and other material at no charge to people who entered their mobile numbers online, but actually enrolled those people in paid subscription plans. The Florida Attorney General's office extracted a $2.5 million settlement from AT&T, and settlements of $1 million from Epic Advertising's AzoogleAds and Media Breakaway.
In addition, Kamber Edelson, the law firm that represented Goddard, reached a settlement in June with AT&T for a class action involving unauthorized cell phone charges for mobile content including ringtones, games and graphics.
Recent Online Media Daily Articles
-
FTC's Ohlhausen Questions Privacy Recommendations May 21, 6:05 p.m.
The Federal Trade Commission's 2012 privacy recommendations could unintentionally disadvantage smaller online ad companies, Commissioner Maureen ... -
Subway's Comedy Promotes Brand, Content Strategy May 21, 2:43 p.m.
Setting a new bar for brands and their programming aspirations, Subway’s scripted comedy series, "The 4 ... -
Future of Social, Digital Shops In Doubt May 21, 1:48 p.m.
Companies talk a lot about fully integrated marketing strategies. One result may be the demise of ... -
Google+ Needs Android To Climb Out Of Experimental Phase May 20, 9:24 p.m.
Marketers continue to view Google+ as a fledgling network requiring experimentation, although the company released a ... -
AOL, Support.Com Settle Scareware Lawsuit For $8.5 Million May 20, 5:20 p.m.
Web company AOL and software vendor Support.com will pay $8.5 million to settle a lawsuit brought ... -
Gmail Hangouts Disable Google Voice May 20, 3:23 p.m.
Google's new version of Hangouts for Gmail eliminates Google Voice features. The move is frustrating heavy ... -
Digital Boost: Ziff Davis Acquires NetShelter May 20, 3:19 p.m.
Ziff Davis on Monday announced the acquisition of content network NetShelter from ad platform inPowered. Financial ... -
LikeableAds.com Launches, With Focus On Social Media Ads May 20, 3:04 p.m.
To keep up with growing demand from Madison Avenue, the social marketing consultants at Likeable Media ... -
Yahoo To Ramp 'Native' Ads On Tumblr May 20, 1:37 p.m.
With its $1.1 billion acquisition of Tumblr, Yahoo on Monday made clear that it plans to ... -
Gigya Improves Marketing, Adds 21 Social, Tech Partners May 20, 9:15 a.m.
Social services startup Gigya on Monday is expected to announce the addition of 21 social and ...
Be the first to comment on "Court Clears Google In Ringtone Ad Suit"
Leave a Comment