Jun 4, 2008 at 4:19pm ET by Greg Sterling
Eric Goldman has posted about yet another lawsuit against Google. This time the plaintiffs were allegedly wronged in a case involving mobile subscription services. Google is not the alleged wrongdoer here, but is being sued because it allowed the wrongdoer to advertise (AdWords) and the plaintiffs got to the bad actor via those ads.
The case involves a number of claims regarding failure to disclose information and alleged fraud by the third party against plaintiffs. Goldman summarizes their arguments:
–Google has an express policy requiring mobile service providers to disclose certain info to consumers about their practices –Google deliberately does not enforce this policy (or inadequately enforces it) to enjoy undeserved cash –As a result, Google should stand behind all of the losses committed by its advertisers
Google is essentially asked to be an insurer of the plaintiffs’ losses. Goldman goes into case history and a discussion of the relevant legal precedents. He ultimately concludes the case lacks merit and will likely fail.
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