While much has been written about the $90 million settlement reached by Google in the recent class-action suit, most advertisers that I've spoken with have made it pretty clear that they have no interest in settling for the current pay out. The problem here is that few advertisers realize that unless they actively opt-out of this settlement, they run the risk of being excluded from any future settlement. In other words, it won't be enough to just ignore this issue. You need to take action to protect your future options.

The absolute most important thing to take away from this blog post? You have until August 4th, 2006 to act.

I first spotted this new in Kevin Ryan's excellent article of opting in or out of the settlement over at ClickZ. Ryan notes:

Below, your legal rights regarding the settlement and reasons you might want to opt for each of the options:

  • Do nothing. If you don't do anything now, you'll still be eligible to file a claim form from June 19, 2006, to August 4, 2006. If you don't file after having "done nothing" (taking neither of the below options), you will be unable to participate in any later settlement and you will get nothing. That would be unfortunate.
  • Exclude yourself from the class. If you exclude yourself by following the instructions on the settlement site, you leave open the option of participating in a later lawsuit (or you could sue Google directly yourself, assuming you have the resources). If you think click fraud is a significantly larger problem than the settlement reflects, this is an option. But if no secondary class action suits arise, you will have missed your opportunity to participate by simply filling out a claim form.
  • Object. You can write to the court and parties about why you don't like the settlement. But unless this option is exercised by a large number of people, the court probably won't change its ruling approving the settlement. However, one vocal opponent of the settlement has filed a complaint.

For those not familiar with how class action lawsuits work, it's essential to note Ryan's first and second points. It's not enough to simply decide not to file a claim through this settlement. Class action settlements require that anyone that fits the class definition and that has been notified of the potential settlement must ACTIVELY opt-out in order to qualify for future suits. I'd never heard of that myself and double checked with a friend that is a corporate lawyer. She said that Kevin's post is spot on and that it was important to carefully read the terms of the settlement and to file the appropriate paperwork whether you wanted in on the settlement or not.






About the Author

Jennifer Laycock is the Editor of Search Engine Guide, an educational web site aimed at translating the search marketing world into something that small business owners can understand. Jennifer specializes in common sense search engine marketing, viral marketing and customer outreach via social media and blogs. A former search marketing consultant and in-house trainer, Jennifer’s clients have included companies like Verizon, American Greetings and Highlights for Children. Her primary clients now are a little girl named Elnora and a little boy named Emmitt.

Jennifer Laycock is the Editor of Search Engine Guide, an educational web site aimed at translating the search marketing world into something that small business owners can understand. Jennifer specializes in common sense search engine marketing, viral marketing and customer outreach via social media and blogs. A former search marketing consultant and in-house trainer, Jennifer’s clients have included companies like Verizon, American Greetings and Highlights for Children. Her primary clients now are a little girl named Elnora and a little boy named Emmitt.