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Contracts Keyed to Blum
Feldman v. Google, Inc.
Citation:513 F. Supp. 2d 229 (2007)
Feldman signed up for online advertisements through Google’s program, AdWords. Before having an active account, Feldman had to agree to Google’s “terms and conditions” which were laid out in a scroll box and also available in a printer-friendly version. On the top of the agreement the words, “Carefully read the following terms and conditions” were printed in bold. Part of the contract was visible without having to scroll, including a provision stating that consent to its terms created a binding agreement. Feldman must have clicked on the “I agree” button at the end of the terms and conditions in order to create his active account.
After creating his account, Feldman was the victim of “click fraud” meaning that someone repeatedly clicked on his ad so that he would be charged a lot, as he had to pay per click. Feldman claimed that he did not have actual knowledge of the terms of the contract when he signed up for this service because he did not read the contract and therefore he was not warned of this risk.
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