Lawsuit filed against adware company eXact Advertising

Lawsuit filed against adware company eXact Advertising

Summary: I just got word of a lawsuit filed against adware company eXact Advertising on September 27 by law firm Shalov Stone & Bonner LLP in US District Court Southern District of New York. The suit was filed on behalf of plaintiff Yehuda Michaekli as a class action complaint with jury trial demanded.

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TOPICS: Legal
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I just got word of a lawsuit filed against adware company eXact Advertising on September 27 by law firm Shalov Stone & Bonner LLP in US District Court Southern District of New York. The suit was filed on behalf of plaintiff Yehuda Michaekli as a class action complaint with jury trial demanded.  The complaint alleges that eXact Advertising

"has unlawfully used and damaged Plaintiff's rights to use and enjoy his personal property.  Without Plaintiff's authorization, eXact Advertising infected Plaintiff's computer with harmful and offensive spyware programs by deceptively bundling its malicious software with "free" games, cursors, screensavers and other small software programs.  These harmful programs would then secretly track Plaintiff's Internet use, thereby invading his privacy and damaging his computer. [...] In addition to invading Plaintiff's privacy, eXact Advertising's unwanted spyware and adware programs illicitly caused Plaintiff's computer to slow down, consume excessive bandwidth [...], monopolize computer resources including memory, pixels and monitor space, and disable or destroy user installed computer software ultimately causing many computers to crash."

The counts include Trespass to Chattels, Deceptive Acts and Practices, False Advertising, Negligence and Unjust Enrichment,  Click to view full PDF document.

EXact Advertising's products include Bargain Buddy, CashBack, NaviSearch and eXact Downloader.

IANAL, but I have witnessed the behavior of the eXact Advertising software as described in the complaint and have seen it downloaded along with other adware through security exploits.  This is the third such class action lawsuit filed this year against adware companies.  In September, a complaint was filed against 180solutions and in April Direct Revenue was the target of a similar lawsuit.

Thanks to Ben Edelman for the heads up and PDF.

Topic: Legal

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  • What do you call

    THREE Adware companies being sued? A start . . .
    Roger Ramjet
    • Only adware???

      What about companies like Softex, Inc. who distributes a product that they call Weblink with all of thier other software. Weblink purports to only look for updates on the consumers request.

      But Weblink not only contacts the company frequently but also permits Softex to contact Weblink, all without the permission or knowledge of the end user. In fact, it also appears that Weblink not only looks for updates, but also seems to send hardware/software information to Softex, Inc. I can not imagine a single reason why Softex would ever need to contact my computer, unsolicited.

      Softex tech support is far less than cooperative and ended up harrassing me when I demanded to know how to remove thier spyware from my computer. In the end, they refused to tell me how to remove Weblink unless I revealed information about my computer, which is none of thier business. The cheesy tech also demanded to know what hardware I had, and even where I by my stuff. All none of thier business and just as intrusive as Weblink crashing my computer when I tried to keep it from contacting Softex.

      As a small video shop, it wasn't too expensive for me to find out how to remove Weblink and keep the rest of the software's functionality. But what of corporate people who don't know that they have opened a backdoor into thier systems to Softex, Inc. by the inclusion of Weblink spyware??
      Hempman
      • Familar stuff

        This all sounds very familar...oh yes, now I remember.

        These are the same intrusive tactics being used by the music
        industry, Hollywood and and the technology sycophants sucking
        up to them. All DRM advocates who are (unknowingly) doing
        their level best best to kill legal music online sales and PVRs,
        and stillbirth upcoming consumer technologies like HD-DVD and
        Blu-Ray.

        Everytime I read about this kind of short-sighted behavior, the
        story of the goose that laid golden eggs immediately comes to
        mind.
        JonA_z
    • Its a start

      I help out various local charities in the UK.
      I dread to think how many hours I have spent removing adware and malware from their computers.
      This is the only way that these companies are going to be stopped, sue em out of business.
      I am not that up on USA law but I thought you had actual laws to stop this, or are they just paper tigers.
      steve.harbron@...