JuicyAds client attempts to extort $50k for mis-labeled images
 

So here's the story;

Advertisers sometimes mis-label their ads in our network (nude, non-nude, general, etc). We fully review every image that is uploaded, and switch ratings to ensure that the images are labeled correctly. Every once in awhile something will slip through, and by no means is our network perfect. If reported, we simply change the rating or remove the images to resolve the issue.

So, we have a client that is pretty upset (and I understand why) and we did our best to resolve the issue. It was then found that he was running an auto-refresh on his website (impressions fraud on our ads and TOS violation) and we requested he stop otherwise face suspension.

And here's what happened, note the time stamps:

Client [Aug 29, 2013 at 4:53 PM]:
"As I am sure that you have been made aware, your network was showing nude ads on a non nude request.
I have recorded screenshots, not only of the infraction, but of your service rep acknowledging seeing them.
How can we resolve this?"

JuicyAds [Aug 29, 2013 at 5:03 PM]:
"This is actually already being resolved.
Apparently an advertiser labeled some nude images as non nude, so we are in the process now of removing those images from his campaigns, which will clear then out of the network, and no longer appear on non nude ads.
I sincerely appreciate you bringing this to our attention!"

Client [Aug 29, 2013 at 5:28 PM]:
"That's wonderful and all, but what is going to prevent this from happening in the future? Your publishers have expectations from your network, you have let us down.

Your network obviously is in no way able to prevent this type of thing from happening. You are accountable to your publishers to ensure that this type of thing does not occur, but yet it has been.

I'm sure that others will be interested in this occurrence, and many will withdrawal from your network upon publication of it. I can't be the only one affected by this.

I'm wondering what kind of compensation JUICYADS is willing to offer me for this occurrence. It was your networks failure to comply with the request of a publisher for non nude ads, however nude ads were displayed and recorded, and acknowledged by one of your own employees.
I await your response."

Client: [Aug 29, 2013 at 5:59 PM]
Are you going to respond to this?

Client: [Aug 29, 2013 at 6:18 PM]
"Since your ad network did not actively provide the necessary protection to me or your publishers, I am asking for $50,000USD in compensation for your networks inadequacy. I feel that this is a fair amount. It will prevent your network from being involved in a court battle, It will save both of us much time, money and press. I am willing to devote my time and effort into this. I have all screenshots of the ads that your network deemed "NON NUDE" and screenshots of your employees acknowledgement of your inadequacy to provide what you promised to your publishers.
Please get back to me."

Client: [Aug 29, 2013 6:24 PM]
"I am open to offers to settle this out of court and out of the public eye. Please respond."



===

Several years ago, we didn't do internal review and relied on Advertisers to label correctly. After complaints, we added several layers of review.

Today, JuicyAds staff reviews all images and banners to ensure they are acceptable, labeled properly, and we follow up with any reports that something is awry and simply make it right. We have various image blacklists, and strive for the majority of issues to be caught internally. I'd love perfection, but humans make mistakes.

Regardless, this is my public apology to this client and any others we may have let down by not being 100% perfect in our efforts to review and correct mistakes made by our advertisers regarding image ratings.

This client appears to still be running our ads on his website, but is demanding $50,000 in payment to keep this issue "out of court and the public eye."

What do you think we should do? Vote above.

They have to prove, in court, money was lost and you caused it, and prove to a judge what that number is.
Maybe a case for Judge Judy.

There are some twisted folk out there :2 cents:

Mistakes are made. Client sounds like a douchebag.

He's being ridiculous asking for $50k but I'm not sure that all auto-refreshing is impression fraud though it may still be a violation of your TOS. I've used rotators which did that automatically by default and if you only had one ad for the spot it might still rotate the one ad every 15 seconds. For certain iframes the behavior can make sense too like for a dating creative where it loads different profile pictures per impression.

I assume this $50k demand is being made by a $100/wk client? :1orglaugh

i think you should ask for this thread to be deleted.

:thumbsup

Looks like fun.

I saw a boob once. Please send me $50k too.

No, the client's demand is ridiculous and/or extortion!

Don't you have TOS he agreed to when he signed up as a publisher?

This guy is out of his mind and can't prove the loss of revenue. He's playing you!

+1 on that :2 cents: i'll take half if 50 is too much :helpme

+2 on this

Tell him to go snort a line of HIV infected dingle berries

If there isn't something in the TOS then add something covering possible image classification issues. Personally I'd spend 300k in court b4 I paid him 50k. :2 cents:

you might have to litigate

What a moron your client is...

:1orglaugh:1orglaugh:1orglaugh:1orglaugh

I'm not an attorney.. but ...

An attorney might argue that publishers put their faith in you and your system and the promises you've made to them.

An attorney might argue that its idiotic to allow advertisers to make the choice whether or not to display adult ads on non adult sites when the publisher has already made an effort to display non-adult ads.

An attorney might argue that you incentivize people to advertise on non-adult sites because as I understand it, ads are displayed in the selected category and above. I.e. "non adult" ads can be displayed in softcore, hardcore. Therefore any damage done to the publisher was deliberate and where you then directly benefited in additional ad impressions or clicks.

An attorney might ask you to beg the mods to delete this idiotic thread and beg you to stop talking. You don't always need to respond to legal threats, but only a moron would take additional steps to continue to agitate and provoke with absolutely nothing to gain in doing so.

An attorney would also bring up the fact that you made a defamatory statement in the thread title accusing this person of a criminal act, adding yet another cause of action to a civil suit.

That said, depending on California law as well as that of his location, it certainly seems like an open and shut case of a criminal extortion attempt. The "out of the public eye" was not a smart thing to say (read: "pay me what I demand or I will embarrass you and your company"). Such a statement I believe would get any attorney disbarred in any state. Making any kind of threats and demanding unjustified compensation was very unwise. I would guess stating specifically that failure to pay means going to court, where damages again are not clear and the amount seems both excessive and arbitrary was also not a wise thing to say. Furthermore, California has a loser pays law I believe, so he cannot sue without the threat of a counter suit as well as having to pay all your reasonable attorney fees incurred in the defense. Had you just acted your age and fired back a tersely worded letter from a credible attorney, you could have most likely shut this all down before it started.

I am fairly certain that he knows this isn't going anywhere and don't really think he was asking advice on what to do.
But you did make an argument that sounded actually like an attorney :thumbsup

Jay would not have come on here if the guy was purchasing 100K/month... the dude is likely buying $50/month and tried to extort 50K with education from movies, poverty, and a twinkie diet.

Here is the problem for those who haven't been sued.... You can't ever act like it isn't going to happen. Conflict of any type is the same. A fist fight. A battle. A punk on the street. A guy points a gun at you and threatens to pull the trigger, its not wise to provoke, agitate or just think "he's not going to pull the trigger". Sure, he might not... but you won't know until you get shot or not. Thats not something a wise person pushes for. You must act as if its going to happen and react/respond accordingly... not make it worse or be the final cause of it happening.

It costs 100s to file a lawsuit to make a point and that lawsuit is forever on the public record making any allegations or accusations one wishes. Furthermore, once filed, the defendant has to respond and that costs money.

A tosser!

Agreed.

While it's tough to bite your tongue on this sort of bullshit that is effecting the business you had built with your blood, sweat and tears. At the same time, if you're seriously going to let the lawyers handle it, you need to keep quite and let them do their thing. Any good lawyer will tell you that you should not engage in these sort of pissing wars on a public forum.

:2 cents:

Channel your inner Harvey (only Suits viewers will get this)

This :2 cents:

Even though when 999/1000 times people in this industry threatens with legal action, it ends in nothing, you don't want this thread around if it does.

Just ask for it to be deleted, treat the person nicely and then otherwise just kick it over to your lawyer. Don't pay the 50K lol

Close his account for breaching the TOS. I guarantee nothing else will happen.

hahah that is awesome

Perhaps the internal review needs to be reviewed.

Does Chris ever get on Skype? Been trying to reach him for a month and a half.

Yes, I talked to him just this morning on it. :thumbsup

LOL @extortion attempt. I mean, I've squawked a couple of times about inappropriate network ads, and they got politely fixed ... or, in one case, I had it gently pointed out to me that I didn't properly understand the classification parameters. But it never occurred to me to demand compensation for, what, the intangible damage to my commercial image suffered by display of an inappropriate picture? This is just basic commercial give-and-take; you give the network a little leeway to push stuff to your pages and if you don't like the results, you either suck it up (while cashing the checks), you hash it out until you DO like the results, or you find another network. Some people just shouldn't be in business, I swear.

Im still suffering from PTS disorder from seeing janet jackson's nipple during the super bowl. The NFL owes me 50K!

Yeah, fuck off clients , who needs your business you idiots. Like anyone gives a fuck if you want decent service. FTW. fuck em all.

Sorry if I got that wrong, but is the question , who gives a toss about service and client expectations and whatever is promised to them is totally irrelevant?

Jay. Let your lawyer handle it and get back to work. It not even worth your time if the client is not spending a high dollar value with your company.

I would simply write back and say you are closing his account and provide your lawyers details.

Close the clients account and be done with it. He's not going to take you to court.

:1orglaugh:1orglaugh you forgot this is porn