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eburger68
Premium,MVM
join:2001-04-28

2 edits

NEWS: FTC Busts Rogue Anti-Spyware Vendor

Hi All:

Big news on the rogue anti-spyware front: the FTC has lowered the boom on one rogue anti-spyware vendor (SpywareAssassin). From the FTC's press release ( »www.ftc.gov/opa/2005/03/maxtheater.htm ):

said by FTC:
An operation that offered consumers free spyware detection scans that “detected” spyware even if there was not any, to market anti-spyware software that does not work has been barred from making deceptive claims by a U. S. District court at the request of the FTC. The FTC will seek a permanent halt to the marketing scam and redress for consumers.

In papers filed with the court, the FTC alleges that Spyware Assassin and its affiliates used Web sites, e-mail, banner ads, and pop-ups to drive consumers to the Spyware Assassin Web site. After exposing consumers to a litany of the dire consequences of having spyware on their computers, the Web site warns, “you WILL eventually experience credit card and/identity theft and your computer will ultimately crash and cease working for good . . . It’s not a matter of if, but truly a matter of when.”

According to the FTC complaint, the Web site offers to scan consumers’ computers at no cost to determine whether they’re infected with spyware. One “scan”– the remote scan – is performed when consumers land on the Web site. The free “scan” displays a pop-up message that states, “URGENT ERROR ALERT: You have dangerous spyware virus infections on your computer. Click OK to install the latest free update to fix these errors. Immediate action is highly recommended before you continue!” The other “scan”– the “local scan” – is performed when consumers click to download the defendants’ software. Both scans warn consumers that they have spyware installed on their system.

The FTC charges that, “the defendants’ free remote scan is phony, and the defendants’ representations that they have detected spyware on the consumer’s computer are deceptive.” According to the agency, the pop-up that announces that consumers have spyware pops up automatically, even when the computer is clean and does not have spyware installed on it.

During the “local” scan consumers are warned that their computer is infected with spyware and a message flashes on the screen listing the names and file locations of the spyware on the system. Even when the computer is clean of all spyware, the defendants report that spyware has been detected, and the file folders the defendants claim contain the spyware are either empty or contain files that do not contain spyware, according to the agency.

The defendants claim that the software they sell for $29.95 will “remove all spyware programs and files” and will “prevent any future breaches.” According to the FTC, the “anti-spyware” software does not remove all or substantially all spyware, and the defendants deceptive claims violate the FTC Act, which bars deceptive claims.

The agency will seek a permanent ban on the deceptive claims and will ask the court to order consumer redress from defendants MaxTheater, Inc., a Washington corporation and Thomas L. Delanoy, its principal.
Copies of the legal filings are available online:

Complaint:
»www.ftc.gov/os/caselist/0423213/···3213.pdf

Restraining order:
»www.ftc.gov/os/caselist/0423213/···3213.pdf

SpywareAssassin has been listed on the Rogue/Suspect Anti-Spyware page since July 4, 2004:

»www.spywarewarrior.com/rogue_ant···ware.htm

Note that this is the second time the FTC has gone after a dodgy anti-spyware vendor. Previously the FTC filed suit againt Seismic Entertainment, the company behind SpyWiper/Mailwiper/SpyDeleter:

»www.washingtonpost.com/wp-dyn/ar···t12.html

That action was based on a complaint filed by the Center for Democracy & Technology:

»www.cdt.org/privacy/20040210cdt.pdf

This latest action bodes well for consumers because the FTC has specifically targeted some of the more onerous and obnoxious tactics that are frequently used by dodgy anti-spyware vendors who are looking to fleece spyware and adware victims -- people who have already been victimized once.

Best,

Eric L. Howes


mers2
Premium,MVM
join:2004-03-20
USA
kudos:8

Thanks for a bit of positive news, Eric. One down....



hpguru
Curb Your Dogma
Premium
join:2002-04-12

reply to eburger68
That's great news! I suppose this means iDownload will have to find a new "industry leader".


suzi
Premium
join:2004-05-01

reply to eburger68
Mers2 said:

quote:
Thanks for a bit of positive news, Eric. One down....
Yes, one down and 150+ to go as noted on the Rogue Anti-Spyware page.

»www.spywarewarrior.com/rogue_ant···ware.htm

This ought to strike some fear into the hearts of the others. Note that SpywareAssasin has been on the list since July 4, 2004. A number of its clones are listed there too.

quote:
false positives work as goad to purchase; no EULA/Privacy Policy; uses out-of-date reference database; same app as Adware Hitman, Consumer Identity, NoAdware, Protect Your Identity, SpyBan, Spyware C.O.P., SpywareKilla, The Adware Hunter, & TheSpywareKiller [A: 7-4-04 / U: 7-4-04]
--
aka Suzi, Spyware Warrior

johnpro

join:2005-03-11
Brisbane Oz

reply to hpguru

Click for full size
idownload claims they are effectively "good guys" however they declined to discuss my concerns on their live interface to company operatives.

I was cut off by the first guy but the second help person did engage ..albeit with nothing substantuial to say.

eburger68
Premium,MVM
join:2001-04-28

2 edits

reply to eburger68
Hi All:

A few blog entries and news stories:

Suzi of Spyware Warrior is happy:

Rogue Vendor Spyware Assassin Busted!
»netrn.net/spywareblog/archives/2···-busted/

Wayne Porter of Xblock.com seems pleased as well:

Spyware Assassin Assassinated by FTC
»www.revenews.com/wayneporter/arc···514.html

And here's the first news story (from Reuters):

FTC Says Anti-Spyware Vendor Shut Down
»www.reuters.com/newsArticle.jhtm···=7881764

The Rogue/Suspect Anti-Spyware page sports a new headline to trumpet the good news:

»www.spywarewarrior.com/rogue_ant···ware.htm

Edit: PC World now has a story as well:

FTC Takes Down Fraudulent Anti-Spyware Company
»blogs.pcworld.com/staffblog/arch···567.html

Best,

Eric L. Howes


johnpro

join:2005-03-11
Brisbane Oz

reply to eburger68

Click for full size

My contact help person at idownload "Alberto" advised me to write for any further infomation.

A check of the address given 14 th floor, 1180 The Av. of the Americas{6th Av.} New York is a virtual office which can be rented by the hour or even pay a low weekly mailing fee for a prestige address.

So even when the help guys are trying to be helpful, the embedded 'rabbits out of hats' routine continues.


johnpro

join:2005-03-11
Brisbane Oz

reply to eburger68

Click for full size
An actual pic of the building ....all glitz and no substance it would seem.....!!!!!

suzi
Premium
join:2004-05-01

1 edit

johnpro, I'm confused. Are you posting about iDownload or Spyware Assassin?

PCWorld has the story now, too:

FTC Takes Down Fraudulent Anti-Spyware Company
»blogs.pcworld.com/staffblog/arch···567.html



Owlbet
Ignite the Ice
Premium,MVM
join:2002-09-24
Palmer, AK

reply to eburger68
Good news, indeed. May many more fall like the house of cards they are. Thanks for the information, Eric.
--
Rocky is, was, and always will be Dawg E. Dawg.


johnpro

join:2005-03-11
Brisbane Oz

reply to suzi
johnpro, I'm confused. Are you posting about iDownload or Spyware Assassin?

******************

Idownload is my news at the moment. I followed a lead in from a previous post.

Perhaps I should have started a new thread .......??

idownload is very topical at the moment as most of us know.
Where to post for me on this site is an issue of getting a "feel" for the site.

I have spent the last 3 years debating on "christian debate" a msn comm. service.

Both are similar really with much fraudlent activity and many self serving claims made in both camps .....or so it would seem!

However ..I digress from the real PC issues at hand!

jp



dp
Premium,MVM
join:2000-12-08
Greensburg, PA
kudos:7

reply to eburger68
Thanks for the info Eric, that's 1 down.



Marilla
I Am My Own Arbiter
Premium
join:2002-12-06
Belpre, OH

reply to eburger68
Woo hoo! Good story, and good news!



Corrine
Premium
join:2004-08-27
kudos:2

reply to eburger68
Excellent news!

I like this part:

quote:
The company could be required to give back all the money it made from selling Spyware Assassin.
How about treble damages.
--
Corrine, Lavasoft Forum Administrator


antiserious
The Future ain't what it used to be
Premium
join:2001-12-12
Scranton, PA

reply to eburger68


... thanks Eric, nice to see some good news from the front lines ...



sivran
Back to Opera again
Premium
join:2003-09-15
Arlington, TX
kudos:1
Reviews:
·RoadRunner Cable

reply to eburger68
Great news, but it begs the questions: will Spyware Assassin somehow weasel out of it? And what about disreputable anti-virus vendors who do the same thing? (lo Veloz)

Still, nice to see the government working for us and apparently doing some good.
--
TCPA - Treacherous Computing
Kerio 2.1.5 - Best damn firewall
Home licensing should be just that.



EGeezer
Summertime
Premium
join:2002-08-04
Midwest
kudos:7
Reviews:
·Callcentric

2 edits

reply to eburger68

There are LOTS of defendants here!

Click for full size
Click for full size
It includes affiliates and sub-affiliates. From what I can see, it may include anyone who made money from selling, referring or reselling the product.


Spy
Premium
join:2001-09-22
NE

reply to eburger68

Re: NEWS: FTC Busts Rogue Anti-Spyware Vendor

Good news Eric. Looks like the Ash1ey's of the world are getting nailed.:)


Owlbet
Ignite the Ice
Premium,MVM
join:2002-09-24
Palmer, AK

said by Spy:

Good news Eric. Looks like the Ash1ey's of the world are getting nailed.:)
LOL...wonder whatever happened to dear ole Ash1ey? I remember that thread! What a putz that character was.
--
Rocky is, was, and always will be Dawg E. Dawg.


Spy
Premium
join:2001-09-22
NE

said by Owlbet:

LOL...wonder whatever happened to dear ole Ash1ey? I remember that thread! What a putz that character was.
There's a little bit of him in quite a few of the seedy anti-spyware vendors.
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