Deter Fraudulent Clickers

Deter Fraudulent Clickers

My favorite part of the WhosClickingWho? service is the ClickMinder pop-up that appears on the computer screens of people who have clicked five times from a PPC search engine (see Figure 21.2). Although you can customize the warning message, start with polite copy. Many web users aren't aware that sponsored listings are ads. The click-happy consumers are simply checking out your business a few times before buying. Instead of bookmarking your site, a percentage of them return to search engines to find your site again. They don't know you're charged for their clicks on your ad listings.

Figure 21.2. Sample pop-up message offered by WhosClickingWho? to deter repeat click activity from the same person.

A " cease and desist" letter works wonders. Much to her surprise, Stricchiola discovered that her law firm's prominent click fraud perpetrator was another law firm, one that specialized in Internet fraud issues! A letter sent from her law firm to the competing law firm abruptly halted the fraudulent click behavior.

Deborah Wilcox, a partner with the Cleveland office of the law firm of Baker & Hostetler LLP, offers the following as a sample cease and desist letter to address click fraud. Wilcox recommends sending the letter by email and certified mail; ask for a return receipt for the mailing. Replace "Company" with the name of your company, and customize the other elements of this letter with your information.

Deborah ‚  A. ‚  Wilcox
Phone ‚  Number: ‚  (216) ‚  861-7864
Email: ‚  [e-mail]

Date

Name
Address

Re: ‚  Click ‚  Fraud

Dear Sir or Madam:

Baker & Hostetler LLP represents Company with respect to, among other matters, the enforcement of its intellectual property and e-commerce rights.

Company has purchased various online advertising. We have recent evidence that your company is clicking on our client's ad listings with the sole purpose and unlawful intent to increase ad costs to our client and harm its business. This is "click fraud" and constitutes trespass, tortious interference with contract, fraud, and unfair competition, among other things.

In addition to seeking injunctive relief prohibiting your further infringing actions, our client may seek damages and its attorney's fees. On behalf of our client, we therefore demand that your company immediately and permanently cease any and all fraudulent clicking on our client's ad listings. You must immediately provide written confirmation of your compliance with our demands.

We trust that you will understand the concern of our client about the violation of its rights and that you will fully cooperate with us. You must direct your written response to my attention by no later than [date] to avoid the necessity of our taking further legal action.

This letter is written without prejudice to any of our client's legal rights or remedies, all of which are hereby expressly reserved.

Very ‚  truly ‚  yours,
Deborah ‚  A. ‚  Wilcox

Cc: ‚  Search ‚  Engines

When it comes to the search engines deterring fraudulent activity, Google wins a "gold star" thanks to its ad-serving technology. A top position on Google's AdWords is granted to an advertiser with a high maximum bid amount plus strong click-through popularity. The malicious clicking incentive is lessened because you'll jump above your perpetrators' listings if they click your ads. Point for you, minus one for them.