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U.S. judge dismisses claims that LinkedIn overcharged advertisers -Breaking

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© Reuters. FILE PHOTO – The logo of LinkedIn Corporation is displayed in Mountain View (California), February 6, 2013. REUTERS/Robert Galbraith

Jonathan Stempel

(Reuters] – An American judge has dismissed a suit accusing of trespassing Microsoft Corp (NASDAQ: LinkedIn inflating video ads to get more people on its platform so that it could charge hundreds of thousands of advertisers

U.S. Magistrate Judge Susan van Keulen ruled Monday that, while LinkedIn statements might have been misleading, plaintiffs did not show that their legal remedies were adequate before they sued under two California laws offering only equitable relief, such as restitution.

A judge in San Jose, California ruled that LinkedIn did not have an implied duty to offer “accurate advertising metrics”. He also cited LinkedIn’s disclaimer about its responsibility for clicking fraud and other illicit activity that may affect ad cost.

LinkedIn’s proposed class action brought forward advertisers who claimed that LinkedIn inflated its metrics by counting “views” of video advertisements from LinkedIn app users, even though the videos were only on-screen since users scrolled past.

The lawsuit began after LinkedIn said in November 2020 https://business.linkedin.com/marketing-solutions/blog/linkedin-news/2020/how-we-re-working-to-improve that its engineers had fixed software bugs that may have led to more than 418,000 overcharges, most under $25. LinkedIn stated that credits were provided to nearly all the advertisers affected.

Judge van Keulen had in August dismissed some of the advertisers’ claims while letting others proceed https://www.reuters.com/technology/linkedin-must-face-narrowed-us-lawsuit-claiming-it-overcharged-advertisers-2021-08-04.

Monday’s dismissal came with prejudice. This means that the lawsuit brought by TopDevz Inc, Sacramento, California and Noirefy Inc, Chicago, cannot be brought back. LinkedIn’s headquarters are in Sunnyvale (California).

On Tuesday, the request for comments was not answered by lawyers for advertisers. LinkedIn’s lawyers didn’t immediately reply to similar inquiries.

In re LinkedIn Advertising Metrics Litigation. U.S. District Court Northern District of California. 20-08324.

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