ValueClick/CJ/BF Classaction Lawsuit to Proceed

August 28, 2007 Filed under: Adware, Affiliate Marketing, Legal Issues — Kellie AFP @ 1:03 pm

It looks like a ruling was handed down yesterday on ValueClick’s motions to dismiss. From the web site of the plaintiff’s attorneys:

On August 27, 2007, the Honorable Florence-Marie Cooper issued two orders denying, in part, ValueClick’s Motions to Dismiss the Class Action Complaints. The Court held that Defendants failed to meet their burden of establishing that Plaintiffs could not proceed in the lawsuits.

The pdf’s of the ruling are available as well at:

SRC Motion To Dismiss Order
Carrier Motion To Dismiss Order

Lots of legalese. It looks like the cases will proceed. Additionally, it appears that the plaintiff’s will have te opportunity to amend one claim the judge moved to dismiss if they so chose. So that point may end up back in the claim in some form. At least, that’s what it appears to my non-legal mind towards the end of the Carrier MTD Order.

I’m still wondering if and when ValueClick (VCLK) and/or CJ will have any kind of public comment regarding these lawsuits.

AFP will continue to follow developments in these lawsuits as they progress.

22 Comments »

  1. […] Thanks for visiting the Affiliate Tip blog. Subscribe to my RSS feed or enter your e-mail on the top right to get updates by e-mail.Kellie Stevens has reported over at AffiliateFairPlay.com that things are moving forward with the class action lawsuit against ValueClick, Commission Junction, and Be Free. It looks like a ruling was handed down yesterday on ValueClick’s motions to dismiss. From the web site of the plaintiff’s attorneys: […]

    Pingback by ValueClick, Commission Junction, Be Free Class Action Lawsuit to Proceed at Affiliate Marketing Blog by Shawn Collins — August 29, 2007 @ 9:54 am

  2. […] Overall, I’m hoping to come away with a much deeper look at CJ’s plans over the next 12 months and how that jives with the what’s happening in the I – especially relative to what the other networks are doing. I’m also hoping to get more perspective on the pending litigation against CJ, ValueClick and BeFree by both affiliates and merchants. However, that certainly will not be part of any formal CJ talks or sessions. […]

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