Feldman v. Google

In 2003, Mr Feldman (a lawyer) created a Google Ads (formerly Google AdWords) account to advertise for his law firm.

The sign-up for Google Ads required clients to Google's terms of service which had a click-wrap ("I agree") stating that all lawsuits regarding account issues must be filed in northern California.

For 2003 - 2006, Google charged Feldman $100,000 for click's on his ads. Feldman believed up to 30% of those clicks were made by his competitors or pranksters.

Feldman sued Google in Pennsylvania state court. In turn, Google removed the case to the federal district court there. Next, Google filed a motion to transfer the case to a northern California court in accordance with the click-wrap.

Can a click-wrap type of agreement be a valid, binding contract?

Feldman argued that the click-wrap agreement was invalid or an implied contract without specific, enforceable forum-selection term.

Additionally, Feldman contended that even if he had agreed to the forum-selection term, it is unconscionable.

Yes. A clickwrap-style agreement can be a valid, binding contract.

The court agreed to transfer the case to northern California.

The judge stated that the click-wrap agreement was an express contract with stated enforceable terms.