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Dec. 30 — A district court properly denied class certification to plaintiffs suing Facebook Inc. over allegedly charging them for “invalid” clicks of their advertisements, the U.S. Court of Appeals for the Ninth Circuit held Dec. 26 in an unpublished opinion.
In April 2012, the U.S. District Court for the Northern District of California ruled that class certification under Fed. R. Civ. P. 23(b)(3) was improper in the case in part because plaintiffs failed to establish a class-wide uniform method for establishing what constituted a “valid click” (In re Facebook Inc. PPC Advertising Litig., 282 F.R.D. 446 (N.D. Cal. 2012).
The Ninth Circuit said that although plaintiffs' expert witness claimed he could employ methods to establish whether Facebook used “prevailing industry standards in determining whether a click is legitimate,” the expert added that there were no sources providing specific parameters regarding what constitutes a valid click.
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