Google's Matt Cutts posted on Twitter a link to Eric Goldman (a guy who knows his legal SEO stuff) story about how a law firm sued their SEO
company. Not necessarily for not achieving the rankings they wanted
but rather for violating Google's webmaster guidelines and/or using
spammy techniques.
Matt Cutts of Google called the claims
"interesting." Indeed. You often here of people suing SEO firms for not
getting what they paid for but not for violation of Google's
guidelines. The court document reads, in part:
The action is based on the fact that, at the time that the Defendants
were promoting this marketing scheme to the Victim Firms, they knew that
the techniques they proposed to use were in violation of the guidelines
already well-established and published by Google; knew that Google was
moving rapidly to crack down on violators; knew that use of these
techniques would not only fail to enhance the likelihood that the Victim
Firms would rise in Google’s rankings but would actually be downgraded
to the point where the websites being used by the Victim Firms would
become “contaminated” for search engine purposes; knew that they
intended to use automated programs rather than direct personal effort to
create the appearance that links to the Victim Firms webpages (the key
to rising in search engine rankings) were being generated in the numbers
represented; and knew that they intended to cloak their schemes in
allegations of “trade secrets” to avoid the balance of the scheme from
coming to light.
Greg Sterling at Search Engine Land asks some interesting what-ifs:
(1) Will SEO firms that go outside the bounds of established “white hat” SEO practice be automatically vulnerable to liability?
(2)
Will the court limit liability in cases where the plaintiff has not
done any “due diligence” on the SEO practitioner? In other words, what
burden does a buyer of SEO services have to investigate the SEO firm?
(Probably none.)
(3) What damages might be assessed in situations where a ranking penalty has occurred? (e.g., fees paid, lost revenue?)
(4) What might be recoverable when there is no Google ranking penalty?
Lesson for SEO firms working with law firms - be incredibly careful or just don't do SEO work for lawyers. :)
Also,
if the law firm does win in court for violating Google's guidelines, I
assume that will give Google's guidelines a bit more clout and make them
not just guidelines but maybe even "the law" in some sense. Which can
be very scary.
Forum discussion at Twitter.
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