Feldman v. Google, Inc.
United States District Court for the Eastern District of Pennsylvania
513 F.Supp.2d 229 (2007)
Feldman (plaintiff), an attorney, bought "pay per click" AdWords advertising from Google (defendant), which charged him each time a user clicked his ad. Feldman claimed competitors or pranksters intentionally clicked his ads to inflate his costs beyond $100,000 over three years, but Google still charged him for the clicks. To open his account, Feldman had scrolled through the AdWords terms — which included a California forum-selection clause — and clicked a box stating "Yes, I agree to the above terms and conditions"; he could not activate his account or place ads without doing so. Feldman sued for damages and restitution; Google moved to dismiss or transfer venue to California, and Feldman cross-moved for summary judgment.
Whether a clickwrap internet agreement is enforceable when it gives the user reasonable notice of the agreement's terms and requires an affirmative click to accept them before proceeding.