AdWords Customer Settlement
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Frequently Asked Questions

  1. What is this Settlement?
  2. Who is included in the Settlement?
  3. Why are these lawsuits class actions?
  4. How do I know if I’m a Class Member?
  5. Are there exceptions to being included?
  6. What if I am still not sure whether I am included?
  7. What does the settlement provide?
  8. What can I expect to receive?
  9. How much will any Distribution be?
  10. How do I share in the Settlement?
  11. How will I receive my Settlement Distribution?
  12. How do I elect to receive a check in lieu of Adwords Credits?
  13. When will I get my payment or credit?
  14. How do I get out of the settlement?
  15. If I excluded myself, can I get money from this settlement?
  16. How do I tell the Court that I don’t like the settlement?
  17. How do I get more information?
  1. What is this Settlement?

    The Court has approved a classwide settlement in the case of CLRB Hanson Industries, LLC, et al v Google, Inc. The Notice sent to you provides additional information regarding the settlement of this class action, which may affect your legal rights. Please read it carefully.

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  2. Who is included in the Settlement?

    The Settlement Class is defined as follows: All persons or entities residing in the United States who have participated in Google’s AdWords program who (a) became AdWords advertisers between June 1, 2005 and February 28, 2009, inclusive, and who were charged more than their per day daily budget on any day during that time period; or (b) who paused their AdWords advertising campaigns on any day(s) during the period from January 1, 2002 to February 28, 2009, inclusive, and during the same billing period when their AdWords advertising campaigns were paused, they were charged more than the amount equal to their per day daily budget multiplied by the number of days that such class members’ advertising campaigns were not paused during that billing period.

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  3. Why are these lawsuits class actions?

    In a class action lawsuit, one or more people, called Class Representatives, sue on behalf of other people with allegedly similar claims. All these people together are called a “Settlement Class” or “Settlement Class Members.” Because a class action affects the rights of all class members, a Court must find that certain requirements are met and “certify” the class. Once a class is certified, the Court decides all of the issues in the lawsuit for all class members, except for those who exclude themselves from the class. All class members who do not exclude themselves may share in the recovery for their class pursuant to the settlement agreement. , a judgment of the court, whether favorable or not, is binding on all class members who do not exclude themselves.

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  4. How do I know if I’m a Class Member?

    The Settlement Class is defined as follows: All persons or entities residing in the United States who have participated in Google’s AdWords program who (a) became AdWords advertisers between June 1, 2005 and February 28, 2009, inclusive, and who were charged more than their per day daily budget on any day during that time period; or (b) who paused their AdWords advertising campaigns on any day(s) during the period from January 1, 2002 to February 28, 2009, inclusive, and during the same billing period when their AdWords advertising campaigns were paused, they were charged more than the amount equal to their per day daily budget multiplied by the number of days that such class members’ advertising campaigns were not paused during that billing period.

    If you met the definition of a Class Member, you would have received a notice of pendency and proposed settlement of class action and settlement hearing on or around June 9, 2009.

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  5. Are there exceptions to being included?

    Yes, you were excluded from the Class if you were defined as a “Reseller,” i.e., a person or entity whose regular business activities include placing ads on Google’s AdWords program on behalf of otherwise unaffiliated persons or entities.

    Also, in general, you were not a Class member if you match the description of the persons or entities in Paragraph 4 above, who participated in Google’s AdWords program at any time between January 1, 2002, to February 28, 2009, but were NOT charged more than the daily advertising budget on any day that your campaign was active.

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  6. What if I am still not sure whether I am included?

    If you are still not sure whether you were included in the Settlement Class, you can ask for help by contacting the Claims Administrator at: CLRB Hanson LLC et al. v. Google, Inc Class Action Settlement c/o Gilardi & Co., LLC; P.O. Box 808054, Petaluma, CA 94975-8054 or you can email claims@adwordscustomersettlement.com for more information.

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  7. What does the settlement provide?

    The proposed settlement that has been reached between plaintiffs and Google has established a settlement fund in the amount of $20,000,000 for the benefit of the Class. The proposed settlement resolves all claims which were asserted or could have been asserted against Google in the Action.

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  8. What can I expect to receive?

    For each Class Member who has a balance due on his, her, or its AdWords account as of the Class Member Distribution Calculation Date that is equal to or greater than that Class Members Distribution (defined as Active AdWords Advertisers), Google will issue AdWords Credits in the amount of such Class Members Distribution within ten business days of the Class Member Distribution Calculation Date. At the time of distribution, Google will notify each Class Member who is an Active AdWords Advertiser who has a balance due on his, her, or its AdWords account as of the Class Member Distribution Calculation Date that is less than such Class Members Distribution that they may elect to receive cash in lieu of AdWords Credits by contacting Google via email.

    The Claims Administrator will issue checks to all Class Members who are not Active AdWords Advertisers, in the amount of each Class Members Distribution.

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  9. How much will any Distribution be?

    If you are a Settlement Class member, your share of the settlement will depend on the Gross Settlement amount remaining after the Court awards for attorneys’ fees not to exceed $5,000,000, plus expenses, not to exceed $250,000, incurred in connection with prosecuting and settling the Litigation, and (ii) an incentive compensation award to each Representative Plaintiff for an amount not to exceed $20,000 for their services in the Litigation. This is called the Net Settlement Amount.

    The amount distributed to each Class Member is calculated by multiplying the individual Class Member’s Total Overcharges by a Multiplier Factor. The Multiplier Factor is the Net Settlement Amount divided by the sum total of all Class Members’ Total Overcharges. For example, if the Net Settlement Amount = $15,000,000 and all Class Members’ Total Overcharges = $30,000,000 then the Multiplier Factor = 15/30 = .50 or 50% of each Class Member’s Total Overcharges would be paid to each Class Member. Please note that the percentage of each Class Member’s Total Overcharges distributed may be less depending on the sum total of all Class Members’ Total Overcharges.

    Total Overcharges are to be calculated as follows:

    17200 Overcharge means the dollar amount that a Class Member, who signed up for AdWords between June 1, 2005 and February 28, 2009, was charged by Google in excess of his, her, or its per day Daily Budget, the first month such overcharge occurred.

    Overcharge means to charge an AdWords Advertiser more than his, her, or its per day Daily Budget on any given day.

    Pausing Overcharge means the dollar amount that Google charged a Class Member, who paused his, her, or its campaign for any amount of time in a billing period, in excess of the product of the Class Member’s per day Daily Budget times the number of days that the campaign was not paused during the same billing period, at any time during the period between January 1, 2002 and February 28, 2009, inclusive.

    Total Overcharges means, for each Class Member, the sum of his, her, or its 17200 Overcharges and Pausing Overcharges, less any Overcharges that are duplicative of the Pausing Overcharges.

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  10. How do I share in the Settlement?

    To qualify for payment from the settlement fund, NO Proof of Claim Form is required at this time. The Class Members will receive Settlement Distributions based upon the overcharge statement submitted by Google.

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  11. How will I receive my Settlement Distribution?

    Settlement Distributions will be made either by Adwords Credits or by the sending of a check to the most-current address that the Claims Administrator has for your Adwords account.

    Class Members will receive Adwords Credits if the Class Member has a balance due on his, her, or its AdWords account as of the Class Member Distribution Calculation Date that is equal to or greater than that Class Members Distribution.

    Class Members will be sent checks in the amount of each Class Members Distribution, if the Class Member does not have a balance due on his, her, or its AdWords account as of the Class Member Distribution Calculation Date.

    Class Members will be sent a notice that provides an opportunity for the Class Member to elect to receive a check in lieu of AdWords Credits if the Class Member has a balance due on his, her, or its AdWords account as of the Class Member Distribution Calculation Date that is less than such Class Members Distribution.

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  12. How do I elect to receive a check in lieu of Adwords Credits?

    If you are eligible to receive a check in lieu of Adwords Credits, you will be sent a Notice of Final Approval and Election Eligibility. This Notice will provide you instructions for making your election and, importantly, a PIN that you will need to make your election.

    Once you have your Notice, you may make an election online at www.adwordscustomersettlement.com by clicking on Make An Election. To file an Election online, you will need to have your AdWords account number and the PIN located on your Notice of Final Approval and Election Eligibility. You may also send an Election to the Claims Administration at CLRB Hanson LLC et al. v. Google Class Action Settlement, P.O. Box 808054, Petaluma, CA 94975-8054 with a postmark dated no later than the deadline for making an Election. Your written Election must include your name, AdWords account number, email address associated with your AdWords account, your mailing address and your PIN.

    You must make an Election by July 29, 2012. If you do not make such an Election, your settlement benefit will be applied to your AdWords account as a credit.

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  13. When will I get my payment or credit?

    The Settlement became effective on May 24, 2012. If you are entitled to receive AdWords Credits under the Plan of Allocation, you should receive such a credit by June 29, 2012.

    If you are entitled to have the option of receiving a check in lieu of AdWords Credits under the Plan of Allocation, you will be sent a Notice of Final Approval and Election Eligibility by June 29. You must make your election by July 29, 2012, and within a reasonable amount of time from that date, you will either receive Adwords Credits or be sent a check, depending on your timely election.

    If you are entitled to receive a check under the Plan of Allocation, that check should be sent to the most-current address that the Claims Administrator has for your Adwords account by June 29, 2012.

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  14. How do I get out of the settlement?

    The time to exclude yourself from the settlement expired on July 14, 2009.

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  15. If I excluded myself, can I get money from this settlement?

    If you previously asked to be excluded, you will not get any settlement payment. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue the Defendant in the future about the legal issues in this case.

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  16. How do I tell the Court that I don’t like the settlement?

    The time to object to the settlement expired on July 14, 2009. The fairness of the settlement has been confirmed by the courts.

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  17. How do I get more information?

    You can write to the Settlement Administrator at:

    CLRB Hanson Industries, LLC, et al v Google, Inc. Class Action Settlement
    c/o Gilardi & Co. LLC
    P.O. Box 808054
    Petaluma, CA 94975-8054;

    visit the website at www.adwordscustomersettlement.com, where you will find answers to common questions about the settlement, plus other information to help you determine whether you are a Settlement Class Member and whether you are eligible for a payment or credit; or email claims@adwordscustomersettlement.com

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