Jason Kint Profile picture
Mar 30 14 tweets 5 min read
Woah. Court just ruled to certify the class in lawsuit alleging Facebook sold ads based on inflated potential reach and then fraudulently covered it up. I'll link to more background on the case (and damning discovery) but first we have a few words from the federal judge. /1
Court does a nice job in a few sentences explaining Facebook told advertisers its "potential reach" in the US was 200 million people - note the word "people" is important - before they would narrow to a more targeted group leveraging Facebook's surveillance engine. /2
Facebook's (no, I won't call them Meta) lawyers first tried to suggest the class fails because it includes both small and large advertisers which went over like a lead balloon with this federal judge, errr "the objection is not well taken." /3
Court rules that the class is typical as all advertisers saw the same "potential reach estimates inflated by a similar percentage." /4
Court also ruled the class was adequate and the record hadn't found they didn't suffer a concrete injury among other reasons. Again, fail by Facebook. /5
In fact, the plaintiffs had claimed they would not have spent certain budget $ on Facebook if they knew the Potential reach was inaccurate. So this is a big deal. /6
Court even uses the "word" deceived to describe the effect on the plaintiffs. Keep that word in mind as we continue along this journey to use a word loved by Sheryl Sandberg. /7
In the key question of whether Facebook's inflated potential reach mislead advertisers, the Court rules Facebook doesn't disagree but "hurls a grab bag of challenges to plaintiffs' ability of proving an answer in their favor." Ouch. /8
Back to the word, "people," Court also notes Facebook doesn't dispute it originally described the inflated potential reach as "people" despite it representing "accounts" many of which were duplicate, fake, etc etc etc. /9
Here we get to the Court pointing to docs showing Facebook's knowledge (the fraud allegation) and that this metric was "the most important number in its ads creation interface" impacting budget plans and strategies. /10
And this line from Court speaks to Facebook's market power and antitrust cases also in various courts along with the necessity of class as no reasonable person (read as advertiser in this case) is likely to be able to pursue this lawsuit on their own against Facebook. /11
Bringing us to the order from the Court to certify the class in both the common law fraud claims against Facebook and injunctive relied under the unfair competition law. This case will include millions of advertisers on Facebook. /12
ok, here is archived thread on this lawsuit. You should also know FB whistleblower filed related SEC complaint. FB's very top execs appeared to decide not to share at earnings (since it wouldn't hurt $ and ads biz unless advertisers knew! - yikes). /eof

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More from @jason_kint

Mar 29
Important report here by FT on Yandex, the dominant search engine in Russia, its "data harvesting" practices and security risks from not knowing how they use it. A few key points I want to amplify or add as context to the report then I highly recommend going to read it. /1
It's important to note this is related to Yandex code (SDKs) embedded in apps that *may* allow them to sync user data for surveillance purposes. But Facebook and Google do this at a scale orders of magnitude greater (millions of sites/apps, billions of users) than Yandex. /2
Industry has previous asked "What would Google do?" as a north star for biz opportunity and the web (in fact, a Google apologist wrote a book with this title). Yandex is likely right in this statement. So the issue is Yandex's relationship to Russia which is now fair to ask. /3
Read 9 tweets
Mar 28
Kara Swisher: Is that company [TikTok] more cooperative?

Maura Healey (Massachusetts Attorney General):
I think they’ve been better than Facebook.

Kara Swisher: Yeah.

Maura Healey: But everybody’s been better than Facebook, to be honest.
and @MassAGO speaks with experience to @karaswisher considering she had to take Facebook to Supreme Court of MA as it resisted turning over results of its promised app audit...even who did the "audit" (we since learned it was FTI and Stroz Friedberg). /2
you know, the one Mark Zuckerberg told Congress and America they would do to make sure their products were safe? cc @karaswisher @MassAGO /3
Read 4 tweets
Mar 22
oomph... this line on p30 of the 15 state AGs response to Google in their texas-led antitrust lawsuit which just posted.

(narrator) they're talking about the agreement with code name, "Jedi Blue" signed by the most senior executives at Google and Facebook. thread incoming. /1
so I just read the 70pages and will give quick highlights of what was filed in SDNY. Response breaks down into 1-reiterating how Google tied its adtech, 2-did a whole lotta anticompetitive conduct, 3-illegally dealt with Facebook, and is wrong on the law. /2
on a # of issues, state AGs point out Google can't just defend itself by saying something isn't actually in contract. For example, if G tying its ad exchange and $$$ to using its ad server drove its market share to 90%+, it doesn't matter if terms allow a diff ad exchange. /3
Read 13 tweets
Mar 21
Chk this out. So Facebook has (so far) avoided sensitive discovery in DC Courts while facing sanctions for abusing it in California.
But now it's Google's turn with Justice Dept filing for sanctions alleging how Google teaches its employees to avoid discovery. So obvious. /1
Here is an included example alleging this practice at work. Mark the email privileged, copy a lawyer and ask for legal advice even if you don't need it. /2
even the CEO does it!!! "Kent, pls advice" also let's take the rest offline
(note: I've been told Sandberg is a regular in doing this with Zuckerberg so she may have learned from her Google days). /3
Read 6 tweets
Mar 18
discovery motion just filed in Facebook's antitrust lawsuit. it's a red-alert PR thread turned over to FTC then clawed back with a privilege claim. Reporter asked about FB blocking users from porting friends to high-growth, competitive apps one day before Zuckerberg testimony. /1
The thread is heavily redacted but includes Facebook employees in their own words describing this policy as "ad hoc," focused on competitive apps with "high growth" rates, and is hard to explain to a reporter (or regulator) - "the harder q." /2
With that in mind, the Facebook'ers did a little celebration when the reporter (Constine, formerly of TechCrunch) mostly glossed over the question he had asked Facebook and didn't get an answer on. FB also admitted the risk in hashing personal data between apps/sites. /3
Read 6 tweets
Mar 18
This was incredibly deceptive testimony by Google to
@SenFeinstein. Watch it.
always pay attention to the side-eye in the row reserved for Google colleagues behind their witness.
this is where I decided there is no reason the "algorithms" can't also read intelligence reports and PR briefings. so maybe he wasn't being deceptive?
Read 4 tweets

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