Business Maverick

Business Maverick

Facebook Small Advertisers Win Class-Action Status in Fraud Suit

The Facebook Inc. logo is displayed for a photograph on an Apple Inc. iPhone in Washington, D.C.

A lawsuit accusing Meta Platforms Inc.’s Facebook of overstating its advertising audience got a lot bigger Tuesday when a court expanded the pool of plaintiffs to include more than 2 million small ad buyers.

Dismissing what he called a “blunderbuss of objections” by the company, a federal judge in San Francisco ruled that the case can proceed as a class action on behalf of small business owners and individuals who bought ads on Facebook or Instagram since Aug. 15, 2014.

The decision is another setback for the social networking giant after court filings in 2021 revealed that its audience-measuring tool was known by high-ranking Facebook executives to be unreliable because it was skewed by fake and duplicate accounts.

Facebook’s lawyers argued in filings that the social media company has made “updates” to improve its user estimates. They also pushed back against the request for class-action status, saying the ad buyers didn’t show that all class members uniformly relied on the metrics to increase their spending and had ad budgets of various sizes.

“It may be that class members differ in advertising budgets and scope of purchases, as Meta suggests, but Meta has not shown that these differences” make the case unsuited to be a class action,  U.S. District Judge James Donato said.

Read More: Facebook Employee Called Inflated Ad Metrics ‘Deeply Wrong’

User metrics have also been at the heart of challenges against other social media companies. LinkedIn is facing a suit accusing it of inflating video-viewing metrics to lure and overcharge advertisers.

Snap Inc., the parent of the Snapchat social-media app, was sued in 2017 by a former employee who claimed the company was inflating growth metrics ahead of its initial public offering. The case was moved into closed-door arbitration and court records don’t indicate how it was resolved.

In 2019, Facebook agreed to a $40 million settlement of a class-action suit brought by advertisers who claimed they overpaid for video ads based on overstated video-viewing metrics shared by the company.

The current case was filed in 2018 by an e-commerce business that spent more than $1 million on ads and a seller of firearm accessories who spent around $350.

Facebook executives, including Chief Operating Officer Sheryl Sandberg, knew the user metric called “Potential Reach” shown to digital ad buyers to help them set their target audience and budget was inflated and “not based on people,” the advertisers said in their complaint. As a result, advertisers ended up buying ads at a premium price, they said.

“For years Facebook repeatedly confronted a choice between telling customers the truth or preserving its revenue: at every turn, Facebook chose its revenue,” lawyers for the ad buyers said in a court filing.

Meta didn’t immediately respond to a request for comment on the ruling.

Gallery

Comments - Please in order to comment.

Please peer review 3 community comments before your comment can be posted

MavericKids vol 3

How can a child learn to read if they don't have a book?

81% of South African children aged 10 can't read for meaning. You can help by pre-ordering a copy of MavericKids.

For every copy sold we will donate a copy to Gift of The Givers for children in need of reading support.

A South African Hero: You

There’s a 99.8% chance that this isn’t for you. Only 0.2% of our readers have responded to this call for action.

Those 0.2% of our readers are our hidden heroes, who are fuelling our work and impacting the lives of every South African in doing so. They’re the people who contribute to keep Daily Maverick free for all, including you.

The equation is quite simple: the more members we have, the more reporting and investigations we can do, and the greater the impact on the country.

Be part of that 0.2%. Be a Maverick. Be a Maverick Insider.

Support Daily Maverick→
Payment options