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Google LLC is facing a class action lawsuit in Canada alleging the tech giant got free advertising for its products and generated advertising revenue by placing its logo along with ads for Google advertising services on websites that users visited when using Google Chrome.
“These advertisements were placed without the knowledge or consent of the website owners,” plaintiff Simon Coutts says in the Google advertising class action lawsuit.
“Google profited from this practice, to the detriment of those websites’ owners, whose property was interfered with and who were deprived of revenue from the ads displayed on their own websites.”
Simon filed the Google advertising class action lawsuit on behalf of himself and a proposed Class of anyone in Canada that owned websites that were active when Google superimposed advertisements on websites viewed on the Android version of Google Chrome and Android Search App.
He also seeks to represent a subclass of Canadian website owners who earned income from the display of advertising on their websites.
Google controls the Android operating system, which is installed in many internet-enabled devices, including tablets and smartphones. Google also owns and operates the Google Chrome web browser, which is the most popular web browser used by Canadians, the Google advertising class action lawsuit claims.
Google also owns the world’s largest advertising network, according to the Google advertising class action lawsuit. Some of Google’s ad products include Google Ads, AdSense, AdX, and Ad Manager. Google Ads is for clients who advertise on Google’s search engine results page. AdSense matches buyers and sellers of display advertising. AdX is for buyers and sellers of high-end website display ads. Ad Manager is a platform designed to help customers grow and manage advertising revenue.
“At a time unknown to the Plaintiff but well known to the Defendant, Google updated its Android software to place its Search App conspicuously on the first page of most Android devices’ home screens,” the Google advertising class action lawsuit alleges. This Search App appears as a search bar “emblazoned” with Google’s “G” logo. The Search App allows users to search the internet without having to open a web browser. Google’s Search App posts search results in the Chrome web browser.
At some point, Google allegedly began to superimpose ads on behalf of third-party websites over the top of websites that users accessed using the Search App on Android devices. The third-party websites were from Google ad customers.
“That is, when an Android user accessed and viewed the website on the Android device through either the Chrome App or the Search App, the user saw not the website as its owner had designed it to be viewed,” Simon alleges in the Google advertising class action lawsuit. “Instead, the view of the website was obscured and the user saw what Google had superimposed over top of the website’s native or original content.”
“Google effectively highjacked the website’s display for its own purposes.”
Google allegedly posted a “leaderboard” on the websites that contained links to websites of third parties who paid for Google’s advertising services. The leaderboard would suggest “More like this” or “VIEW 10 RELATED PAGES” to entice users to view links to websites for Google’s advertising clients. When a user clicked to view more, it would block their view to the website they were originally visiting. Further, when the user clicked a link to a website displayed in the leaderboard, they would often be directed to a competitor’s website.
“Through the conduct described above, Google used the websites of the Plaintiff and Class Members to attract and divert Android device users’ internet activity towards Google’s businesses and products, and the businesses and products of Google’s advertising customers,” Simon alleges in the Google advertising class action lawsuit.
“This enriched Google financially and deprived the Plaintiff and Class Members of the intended benefits of their websites.”
Simon claims that Google’s practices misrepresented to Android users that website owners had provided consent for Google to superimpose ads over their websites. Simon says that the placement of Google’s leaderboard over Class Members’ websites violates their property rights and the use and occupation of their websites.
Simon says he was not aware of Google’s alleged misconduct until a class action lawsuit was filed in the United States last month over this practice.
The Google advertising class action lawsuit is seeking restitution, damages, disgorgement, punitive damages, injunctive relief, and other relief the court deems just.
Google was recently hit with a class action lawsuit accusing the tech giant of misrepresenting how much control users have over the information they share when they use “incognito mode” to browse the internet.
What do you think about the Google advertising class action lawsuit? Should Google be able to advertise on other websites? Tell us your thoughts in the comment section below!
Simon is represented by Anthony A. Vecchio of Slater Vecchio LLP.
The Google Advertising Class Action Lawsuit is Simon Coutts v. Google LLC, Case No. 207629, in the Supreme Court of British Columbia, Canada.
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One thought on Google Advertising Class Action Lawsuit Claims The Tech Giant Superimposed Ads
Add me please I use google all the time