A lawsuit has been filed and is seeking class action status against the online marketing company alleging advertising fraud. The lawsuit claims ValueClick sent consumers numerous emails falsely promising 'free' times, which were not actually free. The suit claims ValueClick and its subsidiaries violated a provision of Ohio's consumer protection law by promising 'free' goods without also prominently stating that consumers had to first make a purchase or participate in an offer before they were eligible for the free merchandise.
Ohio's consumer protection law requires disclaimers regarding free merchandise must be printed in a typeface at least half the size of the word free and in close conjunction to the term. However, the case claims emails received by consumer did not clearly and conspicuously set out the terms and conditions of receiving the 'free' items at the outset of the offer.
