FTC Bans Pop-Ups

[Karen Hudgins]

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GREENBELT, Md. - A San Diego company has agreed to stop bombarding computer users with Internet pop-up ads to advertise its ad-blocking software, avoiding a court battle with the Federal Trade Commission. ...

Read More Here http://story.news.yahoo.com/news?tmpl=story&cid=528&ncid=528&e=1&u=/ap/20040730/ap_on_hi_te/pop_up_ads_3

What are your thoughts on this? DO you think it will become more widespead affecting other ad serving companies?
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[bhartzer]

It's important to note that they "D Squared agreed not to send pop-up ads using the Messenger function..." which doesn't require that a web browser be open.

So, it sounds like they were sending popups via Messenger and the users weren't actually visiting websites and getting the popups.

What they were doing was very intrusive and over the line.

[Karen Hudgins]

Agreed. Based upon the content within the article, the pop ups were being served using a software similar to an instant messenger which in the past was commonly used inter-office to send mass messages. I am curious to see if this will lead to more legislation blocking other types of pop-ups that are served via the internet.

[Markll]

The popup or messenger is only a vehicle by which the ad is delivered.

The FTC should examine the actual problem which is the content of the popups.

E-commerce solutions for photographers (http://imageselect.us)

[ldyguique]

The FTC filed their complaint (http://www.ftc.gov/opa/2003/11/dsquared.htm)against D Squared last October 30th and had the US District Court issue an injunction against them. The Court reversed itself on December 15th, lifting the injunction.


The defendants allegedly caused Messenger Service windows to pop up on consumers’ computer screens – as often as every 10 minutes – advertising software that would supposedly block future pop-up spam messages from occurring. According to the FTC, the defendants placed their pop-up ads near the center of users’ computer screens, blocking the user’s work. The ads appeared as long as the users were connected to the Internet, leading to particular trouble for users with DSL lines or cable modems who were continually on the Web. The FTC alleges that these users continued to be bombarded by the pop-ups, even when they were off of the Internet and working in other applications such as word-processing or spreadsheet programs.

Finally, the defendants allegedly either sold or licensed their pop-up-sending software to other people, allowing them to engage in the same conduct. The defendants’ Web site allegedly offered software that would allow buyers to send pop-ups to 135,000 Internet addresses per hour, along with a database of more than two billion unique addresses.
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In addition, the complaint charges the defendants with unfairly attempting to coerce consumers into buying their pop-up blocking software. The multiple, unwanted Windows Messenger Service pop-ups that appear on consumers’ computer screens serve simply to advertise the defendants’ product that is designed to stop exactly this type of pop-up.



Since many people either don't know how to disengage the Windows Messenger aspect of their computers and/or are barred by network security settings from doing so -- this entire issue had been causing substantial grief and aggravation to many people during the preceding year.

This is/was a fairly critical case on behalf of the American consumer and had been closely watched. Personally, I would have preferred to see it go to trial and have a legal precedence, rather than a settlement that doesn't really establish legality.

As some have pointed out in numerous other forum postings during the past year -- this isn't a free speech issue -- as we are paying for our internet access. I consider the issue to be a scam as 2 minutes of web searching and 1 minute of fixing can disable Windows Messenger permanently -- it hardly requires a $25 piece of software to accomplish it.

[downstrike]

Agreed. Based upon the content within the article, the pop ups were being served using a software similar to an instant messenger which in the past was commonly used inter-office to send mass messages. I am curious to see if this will lead to more legislation blocking other types of pop-ups that are served via the internet.

Don't go by the article. It'll only make you as confused as the person who wrote it was. Windows Messenger and Instant Messenger are two entirely different things.

[Karen Hudgins]

I would venture to guess that the average user has no idea what Windows messanger is just as they have no idea how much spyware is on their computer. We have to remember that we ourselves are NOT average users. I firmly believe that this decision is merely a step in the path to banning pop ups and other intrusive forms of advertising.

[webwoman]

I have two issues with this kind of marketing. First of all it puts all marketers in a bad light and they are fouling not only their own nest, but every other internet marketer as well. These kinds of practices are not endearing to the consumers and I am sure MSN Messenger must be tired of having to deal with this as a customer service issue over and over

My second issue is as a consumer. I think nothing that holds your computer hostage until you give a response should be legal. Marketers are GUESTS on my machine. This kind of marketing terrorism needs to stop.

As to how to stop them, the problem is that by the time someone figures out software to curtail this kind of activity, they are 3 steps down the road with some new anti consumer activity. How does the technology get ahead of something like that?

[atimmins]

As an MCSE for Win2K in a previous life, here's a bit of advise. On any Windows 2K or later PC simply go to Control Panel --> Administrative Tools --> Services, from there scroll down to the messenger service, and double click it, set the Startup Type to "Disabled" and click OK.

As long as your not on a network that makes use of the messenger service, you will now be safe from such intrusions. This is one of the first Windows services I tweak on any machine I set up. Not only does it stop internet spammers, but also cuts down on the amount of memory and CPU usage that your machine consumes.

Now if M$ would make a safe OS with settings such as this as defaults! Enjoy this helpfull hint.

[atimmins]

My last post will not affect your IM'ing with MSN Messenger in any way. MSN Messenger is a software based application that uses TCP/IP not the messenger service!

[TrafficProducer]

Please do not band pop-ups?

Why not, after all I hate them.

Simple after CAN-SPAM rules Spam increased therefore pop-up's may increase after any ban... argh!!!!

[rondo]

Im suprised to read this post. The software tilites both to send and stop the messages has been available evreywhere for quite a long time, even on ebay for about 5 bucks. You can also buy the resell rights for about $40.

I believ they were selling the sending software to businesses for around $xxx.xx or more