Google Sued for AdSense Fraud
In a 25-page complaint filed earlier this week in San Francisco federal district court, Theresa B. Bradley, a management consultant and resident of Washington, D.C. accuses Google of several counts of fraud and misrepresentation, including misrepresentation in commercial advertising, and of "willfull, wanton, fraudulent and malicious" conduct regarding its AdSense product. The suit also alleges misrepresentation in interstate commerce. Bradley, owner of Brava Corp., alleges that her staff spent 100 hours placing and reviewing HTML code for Google AdSense on www.bravacorp.com. Once the code was placed, Bradley asked Google to remove several competing AdSense advertisements, as per the AdSense user agreement. According to the complaint, Google then completely removed AdSense from Bradley's site and accused Bradley of violating AdSense policies by fraudulently clicking on advertisements. Bradley denied clicking on the ads except to verify that the advertisers were not selling competing products. The AdSense terms of service prohibit customers from clicking on their own ads. Google provides a Preview Tool that helps customers judge the quality of AdSense advertisements on their site. Bradley did not return several requests for comment. Google responded only by saying the suit is without merit and that the company would defend itself vigorously. According to the complaint, Bradley's brief business relationship with Google caused her irreparable harm by damaging her reputation and the reputation of her products and services. Bradley's Web site offers nutritional supplements, home spa rituals, and soft support women's jog bras, among other products. There is no shopping cart mechanism, and the site asks users to "visit us at a later date." According to her site, Bradley's "illustrative clients" include Kellogg-Brown and Root, Halliburton, The Wall Street Journal, Bear Stearns and Company, and the Catholic Diocese of Arlington, Va. Bradley apparently also helps hire engineers for deployment to Iraq, hires engineers for Hurricane Katrina relief and provides mental health services for children 0-7 years of age. Bradley also filed suit against Yahoo on August 1 in San Jose federal district court. Those documents were not available at the time of this writing. A Yahoo representative declined to comment. Digg this post. Update #2: There are some funny threads on this lawsuit at WebmasterWorld, Geek Village and the DigitalPoint Forums. Update #3: Theresa Bradley called me this morning to confirm the lawsuit. She informed me that she had an addendum to the complaint and would forward such via e-mail, but had to get off the phone before I could inquire further. I'll let you know when I've heard more. |
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Comments (36)
What a stunt! Join AdSense, click on ads, breaking the rules you agreed to when you signed up, and then get free publicity by suing Google.
Posted by Allan Gardyne | August 30, 2006 9:41 PM
Heh, yeah, except Bradley would have returned my calls if she was looking for publicity. Lassoff, on the other hand, the guy who is suing Google in a class action suit in PA, is more a publicity hound. By the looks of Bradley's site, she's just looking to make a quick buck. I should also mention that after she filed the complain asking for $250k, she then filed in forma pauperis, meaning "I'm too poor to pay court fees.
Posted by Steve Bryant | August 30, 2006 9:45 PM
I'm sorry, but her site is particularly ugly and unprofessional looking, which I didn't expect. It does make her case look like some strange publicity stunt (as is already mentioned), because she is obviously not a big player in the web/marketing arena. It's strange, but if there was a professional-looking website there instead - made by her obviously dedicated website staff - then I think her case would have at least a little more credibilty. I suppose that now I have just given her website another hit (which was probably the aim anyway). PS. Google rocks!
Posted by Daemon | August 30, 2006 10:13 PM
Wow. Google, send her some cash. She needs it to pay a competent web designer. On the other hand, what an IDIOT. First to have her staff spend "hundreds of hours" in what should have been a ten minute search and replace exercise, and second to figure she should get exclusions from the "don't click links on your own site" rule because she's special... or even because she's litigious.
Posted by Wendy | August 31, 2006 12:15 AM
Even my 10 year old son could make a better site design... 100 hours to place ads? Yeah right! Can't believe Google got sued by thier own program.
Posted by Webmaster SEO | August 31, 2006 12:43 AM
I find this Googe coverage absolutely incredible, when for example, there is another "DaVinci Code" spin-off movie in the works about to come out called, THE IKON Greek Island Thriller from Allied Entertainment Pictures in Los Angeles, but this great story has received no coverage at all? "The DaVinci Code" broke all previous box office records and has done $645 million in grosses so far, and not one word has been mentioned thus far in blogs, press or TV news media! Who and what is controlling the media these days when obvious news worthy opportunities like this occur?
Posted by "Paul Johns, Foreign Press Assoc." | August 31, 2006 4:02 AM
Those aren't just your everyday soft-support women's job bras: "All CW-X Insulator products feature revolutionary patented Auto-Sensor nanotechnology fabric which delivers a number of key benefits to ensure maximum performance in cold weather conditions.
Posted by Matt Cutts | August 31, 2006 4:39 AM
You have to admit, AdSense is tricky even for experienced webmasters when it comes to reviewing the content ads. Some ad units don't even show the URL, so there's no easy way to see what you're advertising. And you can't do a "right click" to see where the link goes because this is rigged to click the banner (which can get you banned from the program). I emailed Google about this and this is what they sent me: (snip) For future reference, to check the destination of ads on your page without the risk of invalid clicks, we suggest using the AdSense Preview Tool, available here: https://www.google.com/support/adsense/bin/topic.py?topic=160 (snip) Speaking of that blasphemous movie, I block (*cough* Symantec.com) through AdSense anyone promoting this Sony Pictures movie. PS: Don't get me wrong, I love AdSense!
Posted by PJ | August 31, 2006 9:35 AM
I really hope Google counter sues her. Idiots like her are destroying this country for everyone. http://www.angelfire.com/theforce/indermsbut
Posted by John Tompson | August 31, 2006 10:56 AM
Ok I just reviewed her site and now I'm really pissed. The company has such a large client base that it needs to use a Yahoo email address, come on now! Shouldn't these companies she's claiming to represent sue her? Not to mention she's really a Man!
Posted by John Tompson | August 31, 2006 11:01 AM
Getting banned has happened to more than one legitimate customer. As for how much time it takes well that really depends on the person. Granted her site is not that great which leads me to believe that she is not a pro designer. Might have taken her some time. Not sure why in the Adsense logon they cannot just have a switch for testing. That way people can use the same tools as their customers to react to the ads. When I am done testing then I logon and switch to "live" mode. This would alleviate a lot of issues that many people have had.
Posted by Michael Cannon | August 31, 2006 11:58 AM
Does she even have staff other than herself? The intellect behind spending 100 hours to place AdSense ads on a site would fit in with the intellect of clicking on those ads to check for competition. Not too bright -- and, as I see it, not too likely to be a team result and much more likely to be one person who Just Doesn't Get It.
Posted by S. W. | August 31, 2006 12:34 PM
I think Bradley is a liar. I can create a website like hers from scratch in 30 minutes. If her staff spent "100 hours placing and reviewing HTML" then she needs to fire her sweatshop workers and hire someone other than 8 year old Chinese children to design her website. Webmaster
Posted by Webmaster | August 31, 2006 7:03 PM
Well, besides of ridiculous of whole situation I don't know why Google does not allow to click on ads on own site WHEN YOU ARE LOGGED into adSense account. Google can easily check if this click should be paid. Preview tools is available only for Windows, and those who use them are not everyone in the world...
Posted by Viciu | August 31, 2006 7:23 PM
then she needs to fire her sweatshop workers and hire someone other than 8 year old Chinese children to design her website. What is with the racist comment? Chinese children are by default poor designers and sweat shop workers ? FYI, child labour is much a more serious problem in Southeast Asian countries and India....
Posted by Joe | August 31, 2006 7:30 PM
http://en.wikipedia.org/wiki/Sweatshop "China and India, the two countries with the largest number of workers in sweatshops"
Posted by Webmaster | August 31, 2006 7:46 PM
This is cut and dried contract law where she signed agreed to the terms and the immediately violated them and much to my amusement decided to publicly admit this fact in a court of law. Makes you scratch your head doesn't it? I'm assuming Google will counter her claim of "willfull, wanton, fraudulent and malicious" with "stupid, ignorant, moronic and frivolous."
Posted by IncrediBILL | August 31, 2006 8:05 PM
This is cut and dried contract law where she agreed to the terms and then immediately violated them. Then, if it couldn't get any worse, and much to my amusement, decided to publicly admit this fact in a court of law. Makes you scratch your head doesn't it? I'm assuming Google will counter her claim of "willfull, wanton, fraudulent and malicious" with "stupid, ignorant, moronic and frivolous."
Posted by IncrediBILL | August 31, 2006 8:06 PM
I think this woman is NUTS! Yes, her site looks very 90's and looks like a kid put it together, however, it remains that she has filed a completely frivilous lawsuit here. What part of "don't click on your own ads" does she not understand? I do hope Google makes an example of her. This waste of time and tax dollars is absolutely ridiculous!
Posted by WolfLover | September 1, 2006 12:17 AM
BAHAHAHAHAHAHAHAHAHAHA
Posted by AQ | September 1, 2006 4:01 AM
This is incredibly lucrative for Google, but average business users don't have the skills to understand the arcane instructions. The problem is poor programming - Google makes billions of dollars and their programmers can't even recognize if a company is clicking on it's own ad. And their search engine doesn't even hiccup when providing 100,000 links to irrelevant stuff. This is not technology nirvana - it's business as usual for yet another company that in a few decades may be seen as clueless.
Posted by Bob Ralston | September 1, 2006 12:39 PM
Too bad there is not a Darwin Award site for the stupidest person of the year. She would win it hands down. On the other hand, there is still time for her to make the Darwin Awards list...
Posted by windsun | September 1, 2006 5:14 PM
The truly interesting part here is that there is already some case law that says something to the effect of "if the TOS is unusually long then parts of it dont count" Of course I'm not a lawyer, but I seem to remember something like that biting Micro$oft in the dairy aire. Seems to me that if you are a company with the resources of google, you could afford to build a tool that filters clicks from a specific ip address, that would prevent this type of thing from happening. Of course the I also think that the publisher should be responsisble to some degree for fraud, however, at the same time I think that an advertising company (google) has a legal right to protect the advertisers first. Therefore they should be implementing the same type of system that yahoo already incorporates into thier system. On a side note, unless you have ever done business with google (I have) then you may have different opinions of a company whos motto is "don't be evil" and then turns around and "evil's" you.
Posted by Phillipx | September 2, 2006 3:55 AM
et ceterum censeo: adsense is one big fraudulent scheme ... google snatching pennies, where no one is looking and laughing at the world it has won domination of. no, seriously!
Posted by tankwart | September 3, 2006 4:28 PM
Google should sue her - not the way around
Posted by rustum | September 4, 2006 5:10 AM
The would-be AdSense customer who filed suit against Google for fraud and misrepresentation says the search company also entered her Gmail account and removed all communications regarding the dispute, Google Watch has learned. But the litigant has a history of lawsuits alleging fraud.
Posted by Google Watch | September 5, 2006 4:32 PM
The would-be AdSense customer who filed suit against Google for fraud and misrepresentation says the search company also entered her Gmail account and removed all communications regarding the dispute, Google Watch has learned. But the litigant has a history of lawsuits alleging fraud.
Posted by Google Watch | September 5, 2006 4:34 PM
The would-be AdSense customer who filed suit against Google for fraud and misrepresentation says the search company also entered her Gmail account and removed all communications regarding the dispute, Google Watch has learned. But the litigant has a history of lawsuits alleging fraud.
Posted by Google Watch | September 5, 2006 4:35 PM
The would-be AdSense customer who filed suit against Google for fraud and misrepresentation says the search company also entered her Gmail account and removed all communications regarding the dispute, Google Watch has learned. But the litigant has a history of lawsuits alleging fraud.
Posted by Google Watch | September 5, 2006 4:53 PM
The would-be AdSense customer who filed suit against Google for fraud and misrepresentation says the search company also entered her Gmail account and removed all communications regarding the dispute, Google Watch has learned. But the litigant has a history of lawsuits alleging fraud.
Posted by Google Watch | September 5, 2006 5:10 PM
So, where and how did she earn her MBA?
Posted by Kelly Bramble | September 6, 2006 10:02 AM
We all must know that Negative Impact gives you more publicity than positive impact. I hope you got me.
Posted by Furqan Durvesh | September 6, 2006 12:20 PM
From reading Ms. Bradley's complaint filed in Federal Court and reviewing the available evidence, she has a good case, is entitled to monetary damages and will most likely win should the case go to trial. Google needs to be held accountable and suffer the consequences of it's actions. Oh, and nobody has to return phone calls if they choose not to.
Posted by Harry | September 6, 2006 5:56 PM
The translation is terrible and very amateuristic
Posted by Jan | September 13, 2006 1:23 PM
I just noticed this:
http://blog.ericgoldman.org/archives/2006/12/google_wins_pub.htm
Posted by Matt Cutts | December 30, 2006 10:53 PM
Hi, I have just cam e across this site
while researching how many people that have been
banned by google with verifiable clicks and money in the account is astoshing I own several
well known websites and although I don't agree
with her suing google for 250k as the site obviously was not generating any revenue
I do agree that there policy is ridiclous
and I hope she wins I for 1 have recnetly had my adsense account suspended with no warning and no proof considering some of my sites get 10-20,000
uniques a month this isn't some small deal
who knows maybe I'll get some publication to make my main new site even bigger
so look out for the aussie who sues google
lol also I had money in that account that they suspended in my opinion google can kiss my ****
and you to shouldnt use them trust me once you genrate decent money they'll find away to suspend you and lock your account.
bye
Posted by James | March 28, 2007 11:42 AM