Assessment of Class Certification Lawsuit Involving Targeted Advertising Data

An Analysis Group team was retained by counsel on behalf a social network to address issues related to class certification in a lawsuit brought by users of its advertising platform. Our role included supporting an academic affiliate who explained how targeted online advertising works from the perspective of marketing and economics, analyzed the ad campaigns at issue, and evaluated whether the types of injuries claimed could be assessed on a class-wide basis. Our expert’s report rebutted the plaintiff’s expert’s claim that all ad purchasers in the proposed class received diminished value as a result of alleged inaccurate targeting, and demonstrated flaws in the expert’s apportionment methodologies. Our team also supported an information technology expert who filed a rebuttal report that reviewed the technical aspects of the reports of two opposing experts. Specifically, this expert analyzed the feasibility of their method for using the defendant’s data for the proposed damages calculations. Our work involved studying the availability, accessibility, and historical continuity of the data tables and columns used. The judge ultimately denied the plaintiff’s motion for class certification in this case.