The FTC is going to trial against a company that irritates PC users
with its barrage of pop-up adverts – which only promote its pop-up
blocking software. The FTC says it's like vandals throwing bricks
through windows to sell home-security.
The FTC is going to trial against a company that irritates PC users with its barrage of pop-up adverts – which only promote its pop-up blocking software. The FTC says it's like vandals throwing bricks through windows to sell home-security.
The FTC has already won a court order, obtained last month, against the tiny D Squared Solutions; but this week it failed to extend the order pending the result of its courtroom showdown.
The company is run by college students Anish Dhingra and Jeffrey Davis. Its promotions exploit a feature of the Windows Messenger Service – a program that allows network administrators to provide instant information to users of the network (distinct from the popular Instant Messaging services). The ads promote $25 software – which stops the bombardment of pop-up ads, albeit the problem can also be stopped by changing a setting in Windows XP.
This exploitation of the Messenger Service, says the FTC, is unlawful. The ads appear as often as every ten minutes, for as long as the users are connected to the internet – which means permanently, for those with broadband connections.
The FTC also alleges that D Squared sold or licensed its pop-up-sending software to others, allowing them to engage in the same conduct.
Howard Beales, Director of the FTC’s Bureau of Consumer Protection, called the scheme, “nothing more than a high-tech version of a classic scam.â€
Beales continued: “The defendants created the problem that they proposed to solve – for a fee. Their pop-up spam wasted computer users’ time and caused them needless frustration.â€
In November the FTC was successful in its request for a temporary injunction against D Squared, but the issue came back before the Maryland court on Monday, when the FTC sought to extend the injunction.
According to Associated Press, US District Judge Andre Davis could not find sufficient evidence to grant the continuing injunction, meaning D Squared can continue its advertising for now.
A trial has been set for 8th March.
If you suffer from these ads, you do not need to buy software. It's very easy to disable the Windows Messenger service.
