Lawsuit against 180solutions, Direct Revenue and eXact Advertising

Hot off the press at SunbeltBLOG:

We received a tip from a researcher in the spyware community that there was a lawsuit against 180Solutions, DirectRevenue and eXact Advertising.  The problem is that it was filed in a small county in California and thus required a bit of work to get. 

From law firm Bronson & Associates' website:

180SOLUTIONS, DIRECTREVENUE, EXACT ADVERTISING et al.,: This class action lawsuit alleges that these companies violate the general public's right to privacy and invade the privacy of individuals through unauthorized downloads of adware and spyware. The class action complaint further alleges that the software causes damages to computers by interferring with its processes and sometimes causing the computer to crash, slow or otherwise malfunction. Some of the software is disguised on a person's computer and near impossible to remove. The lawsuit seeks an injunction prohibiting the dispensing of the software and restitution of all income received from the dispensing of the software or advertising income and to pay the cost of removing or otherwise repairing the damage done to computers.

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

Unjust enrichment.

Violation of civil code section 1750 et seq.

Violations of business and professions code SS22947.

Invasion of privacy and right of association.

Equitable relief.

Fraud and misrepresentation.  

When I was a kid, I was told if I was naughty Santa would bring a bag of switches instead of presents.  If anyone doesn't know what switches are, let's just say that my grandmother could discipline unruly children by just going outside and cutting a switch. She rarely, if ever, had to use it. So, Merry Christmas guys.  It looks like Santa brought switches this year.