>(1) a false statement of a material fact
>The extension is telling the site, "I am this browser (user agent), requesting this content (what's behind this ad url), who clicked on this ad (calling the onClick handler of the element that has the ad."
>That's not true. The user did not click on the ad.
I said in my comment:
>Note that "material fact" here is a legally significant phrase, and implies a written agreement or some other mutually agreed to terms that establish the expectation - which never happened between you and the ad provider.
And you left a YUUUGE amount of ambiguity there, intentional or not, when you used the word "implies."
I don't know how the courts take things like "Click here if you agree to the terms" on an online form, but I don't think you've closed the door on my argument, yet.