The
US
consumer watchdog is now seeking a permanent
ban on the marketing practices of MaxTheater Inc. from the
US
District Court for the Eastern District of
Washington.
According to the
FTC
, MaxTheater and its principal
Thomas L Delanoy use web sites, e-mail, banner ads and pop-ups to
drive consumers to their Spyware Assassin web site. The site then
offers to scan consumers' computers at no cost to determine whether
they're infected with spyware.
One so-called scan – the remote scan – is performed free when
consumers land on the web site. This 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 software, at a cost of $29.95. Both scans
warn consumers that they have spyware installed on their
system.
The FTC charges that, "the defendants' free remote scan is
phoney, 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, says the
FTC
, the report says 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.
In addition, says the
FTC
, the "anti-spyware"
software does not remove all or substantially all spyware, contrary
to the claims of the defendants, and in breach of the Federal Trade
Commission Act, which bars deceptive claims.
The agency is now seeking a permanent ban on the deceptive
claims and compensation for consumers affected by the scam.
