DirectRevenue Settles Class Action

by Jeff Molander

You read it here first—DirectRevenue is agreeing to ground-breaking settlement terms in bringing the class action brought against it (March 2005) to closure.  The embattled spyware/adware company is agreeing to, among other things, the below terms in a settlement with class representative/plaintiff Stephen Sotelo in Cook County, Illinois Circuit Court:

1) Destruction of personally identifiable information “to the extent that DirectRevenue possesses any such data, said data will be destroyed.”

2) Giving equal prominence to 2 choices when displaying the End User License Agreement to consumers considering installing the software:

“I have read and accept the agreement” or “I do not accept the terms of the agreement” (EULA)

The “accept” option will NOT be the default option.

3) In addition to providing computer operators with its EULA, it will “disclose, separate and apart from the EULA" that users will receive ads while online along with a description of the ads; its collection of information about Web sites visited by users; its intent to provide adult ad content ads if users visit adult sites; any bundling—the fact that its software will also be included with any ad supported software being downloaded.

4) Not installing its software using Microsoft ActiveX or any other security exploits or in any way that does not require users’ consent.

5) Un-installation information to be displayed in the EULA and supported with an array of consumer resources such as a link at as well as telephone and e-mail assistance offered to consumers (including special help for the visually impaired) wishing to rid their machine of the software.  All messaging will be detailed in how consumers can remove DirectRevenue’s software.

Published on Monday, March 13, 2006 to
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