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Monday, August 08, 2005

Howard Stern Sues Google for Overbilling, Seeks Class Action Status

From Marketing VOX:
Howard Stern and an industrial printing firm launched a lawsuit against Google last week, alleging that the search engine giant fails to live up to its promises regarding the daily budget limits that AdWords users can place over their accounts. The plaintiffs are seeking class action status. They say that Google's daily budget limits are misrepresented and that Google "continues to bill plaintiffs and all other members of the class in excess of the daily budgets," creating in effect a monthly budget limit made up of the sum of the daily budget multiplied by the number of days in the month.

Causes of Action Alleged:

  1. Violation of California Bus. & Prof. code Section 17200 et seq.
  2. Breach of Contract
  3. Negligent Misrepresentation
  4. Unjust Enrichment
  5. Imposition of a Constructive Trust
  6. Breach of Implied Covenant of Good Faith and Fair Dealing
  7. Fraud - Promise without Intent to Perform
  8. Injunctive and/or Declaratory Relief


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