Things are going to be interesting. A lawsuit has been filed against the three listed above, everyone’s favorites…. 180solutions, Direct Revenue, and eXact Advertising. This is coming from the Sunbelt Blog who received a tip. The suit has been filed in California, the defendants want to move the suit to Federal Court.
Much more, including links to the court documents at the sunbelt link above. Also, Spyware Confidential has coverage. They’re looking for class-action status. Here are the bullet points to take away…
The complaint lists the defendants’ alleged unlawful business practices:
Unauthorized software download.
Defendants’ failure to provide reasonable means to remove software.
Defendants’ failure to disclose the risks inherent in downloading their software and failure to obtain knowing consent from users before unilaterally downloading software.
Defendants’ false advertising and software product misrepresentation.
Defendants’ unauthorized changes to users’ computers.
Class action allegations include:
Unfair, deceptive acts and practices.
False and deceptive advertising.
Public and private nuisance.
Trespass to chattels
Violation of civil code section 1750 et seq.
Violations of business and professions code SS22947.
Invasion of privacy and right of association.
Fraud and misrepresentation.
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