Richard Kahn
Battling Ad Fraud: Understanding Current Laws, Cases, and Prevention Measures
Digital marketing has revolutionized the way businesses reach and engage with customers. However, with great innovation comes new challenges, one of the most pressing being digital marketing fraud, commonly known as ad fraud.
Ad fraud is projected to cost advertisers $100 billion this year, totaling millions of dollars each day. With fraud putting this much of a drain on advertising revenue, it begs the question: Why aren’t advertisers taking any legal recourse? Well, it turns out there aren’t any laws to specifically stop ad fraud.
Ad fraud refers to the practice of fraudulently representing online advertisement impressions, clicks, conversions, or data events to generate revenue. Despite increasing efforts to combat this growing issue, ad fraud persists, given its multifaceted nature involving tactics such as bots, click fraud, pixel stuffing, ad stacking, search ad fraud, domain spoofing, and more.
Ad fraud is not only deceptive, but it also significantly drains advertising budgets, reducing the effectiveness of campaigns, and compromising business performance.
Laws Against Ad Fraud
In the United States, there aren't any laws specifically aimed at ad fraud. The legal environment regarding ad fraud is still in its infancy and is trying to catch up with the swiftly advancing fraud methods. Nevertheless, existing laws like the Computer Fraud and Abuse Act (CFAA) and the Lanham Act can be leveraged to bring ad fraudsters to justice.
Computer Fraud and Abuse Act
In the United States, the Computer Fraud and Abuse Act (CFAA), while not specifically designed for ad fraud, provides a legal foundation for prosecution. It prohibits unauthorized access to computers, which encompasses the actions of bots designed to perform click fraud or domain spoofing.
Lanham Act
The Lanham Act prohibits false or misleading advertising. This law has been used to prosecute ad fraud cases where advertisers have inflated their click-through rates (CTRs).
Federal Trade Commision (FTC)
The Federal Trade Commission Act in the US also has a broad mandate to protect consumers from deceptive or unfair business practices, which can apply to ad fraud.
General Data Protection Regulation (GDPR)
In the European Union, the General Data Protection Regulation (GDPR) may be used against ad fraudsters, particularly in instances where personal data is used to create more convincing fake ad traffic.
Examples of Ad Fraud Cases
MediaRadar
In 2021, the FTC sued MediaRadar, an ad fraud prevention company, for $12 million. The FTC alleged that MediaRadar failed to prevent its customers from engaging in ad fraud.
Aleksandr Zhukov the Russian "King of Fraud"
In 2020, the Department of Justice (DOJ) indicted Aleksandr Zhukov, a Russian national, for running a botnet that defrauded advertisers out of millions of dollars. Zhukov was sentenced to 10 years in prison.
The $70 million fraud scheme
In 2019, the DOJ indicted six individuals for running an ad fraud scheme that defrauded advertisers out of $70 million. The individuals were sentenced to prison terms ranging from 10 to 20 years.
Pointbreak Media
In 2018, The FTC shut down an operation by "Pointbreak Media," where the company falsely claimed to represent Google, telling businesses they risked removal from Google's search results if they didn't pay for their services.
These are just a few examples of recent cases involving the law against ad fraud. As the problem of ad fraud continues to grow, it is likely that we will see more cases like these in the future.
In addition to these legal cases, there are a number of organizations that are working to fight ad fraud. These organizations include the Trustworthy Accountability Group (TAG), the Interactive Advertising Bureau (IAB), and the Coalition Against Ad Fraud (CAAF). These organizations are working to develop standards and best practices to help prevent ad fraud.
The Challenge of Proving Ad Fraud
Uncovering and proving ad fraud is a complex task for a multitude of reasons. Primarily, the international and anonymous aspects of the internet enable culprits to operate across different jurisdictions, complicating their identification and prosecution.
The Adtech Ecosystem
Further, the intricate web of intermediaries in the ad tech ecosystem poses significant challenges in tracing fraudulent activities back to their origins. Moreover, emerging fraudulent techniques such as pixel stuffing and ad stacking are advanced and often require specialized tools or expertise for detection.
Cost of Legal Resources
Another obstacle is the costliness of legal resources. Engaging legal assistance is not inexpensive, and often, its effectiveness might not justify the costs involved. The digital landscape facilitates fraudsters in executing fraud and erasing their traces skillfully, making it arduous for legal teams to accumulate adequate evidence to make culprits accountable. Pursuing fraudsters individually can drain the company budget, with the potential of an ongoing ad fraud problem, making ad fraud solutions a more cost-effective alternative.
Large Variety of Fraud Techniques
Fraudsters employ a range of techniques to commit fraud, including click fraud, pixel stuffing, ad stacking, search ad fraud, and domain spoofing. For them, committing fraud is easy, and concealing their activities is even simpler. For advertisers, pinpointing the exact wrongdoers can feel like an impossible task.
Too Many Fraudsters to Count
Ad fraud is a lucrative space for fraudsters, offering high rewards at low costs, thereby attracting numerous unethical players. Tackling each one independently is neither practical nor efficient. The resources and time required for such an enormous task are daunting, if not impossible. Rather than engaging in a perpetual chase after every fraudster, implementing a comprehensive ad fraud solution can act as a robust defense mechanism, thwarting all fraud attempts in a single stroke.
Mitigating Ad Fraud with Anura
While the challenges are real, there are promising solutions available. Anura, an ad fraud solution, offers a comprehensive approach to identifying and mitigating various types of ad fraud.
Anura Analyzes Every Interaction
Using advanced analytics and machine learning, Anura scrutinizes every ad interaction, effectively detecting bots, domain spoofing, and other fraudulent activities that can sap your campaign's effectiveness. With accurate, real-time data, marketers can ensure their ad spend reaches genuine audiences, improving their return on investment.
Combine the Tools and Knowledge
The battle against ad fraud is ongoing, but understanding the laws and the challenges of enforcement is the first step. Combining this knowledge with powerful solutions like Anura, marketers can protect their campaigns, budgets, and ultimately, their businesses from the damaging impacts of ad fraud. While legislation catches up with the ever-evolving landscape of digital ad fraud, proactive measures can help bridge the gap, ensuring the integrity and effectiveness of digital marketing endeavors.
To learn more about how Anura can help you protect your campaigns from ad fraud, contact us now.
