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  1. #1
    ABW Ambassador Greg Rice's Avatar
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    180Solutions Being Sued in Illinois
    When I read that Shawn Collins filed suit against 180Solutions I thought "huh?". Well, it's not the Shawn we know but a personal injury lawyer in Illinois named Shawn M. Collins.

    They claim computer fraud and abuse, Electronic Communications Privacy Act/Wiretap Act violations, trespassing to personal property, Consumer Fraud Act, invasion of privacy and more.

    http://blogs.zdnet.com/Spyware/?p=655
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  2. #2
    Life is Supposed to be Fun! Rexanne's Avatar
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    Yessssssssss!
    Peace,

    Rexanne

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  3. #3
    Internet Cowboy
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    I just hope they don't settle it. We need some precedents set here.


  4. #4
    ABW Ambassador Greg Rice's Avatar
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    Yes, I'd like to see some jail time for a change. If someone is breaking the law and makes 10 million dollars, what good is a 1 million dollar fine? That only turns out to be the cost of doing business. Any fines should far exceed money gained by breaking the law.
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  5. #5
    Internet Cowboy
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    But more importantly, we need courts to rule against this kind of activity. This provides case law for future suits of a similar nature. Spitzer had a prime opportunity to do this but he settled.
    A law suit should be settled if at all possible, but somewhere there has to be some that are ruled on by a judge or jury. This will pave the way for more actions like it and is the only way the legal system will ever be able to get any teeth in this issue.


  6. #6
    ABW Ambassador Greg Rice's Avatar
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    Good point UncleScooter.
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  7. #7
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    About time. You should be able to surf around the internet without picking up unwanted stuff. I've said in the past that lawyers and reporters are getting infected computers too and it's just a matter of time before they start busting these adware companies.

  8. #8
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    180 has stolen a lot of money from a lot of people.
    I hope they go to jail.

  9. #9
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    The AG's, and even private attorneys, home and office systems are full of drive-by or hidden bundle BHO's and Adwhore spyware. The public is pissed at all Adware companies and therefore a reckening is coming to affiliate networks monitizing and harboring this crapware.
    Webmaster's... Mike and Charlie

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  10. #10
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    I'll shut up about Con Shawlins - Scootster I owe you a Tshirt for that one.

    But I will say ... wooohooo!

    Burn SCUM, burn!
    Continued Success,

    Haiko
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  11. #11
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    How does the affiliate industry grow when they purpoisely bent ethics to pad their own pockets. Charity scams, ponzi schemes, all the way to condoning, or blind eyeing, the use of Trojan viruses to infest & re-infest shoppers systems with spyware. Now the script kiddies and hackers team up with the info peddlers and BHO installers to steal ID theft info. Lucrative side market with suplimental income for the drug dealers/distributors.....

    Teenager Pleads Guilty to Hacking Into Hilton's Cell Phone... http://www.washingtonpost.com/wp-dyn...091301857.html

    Nice additional read.... Computers Seized in Data-Theft Probe
    Federal Investigators Remove PCs, Discs From Several Locations; LexisNexis Break-In Linked to Paris Hilton Phone Hacking http://www.washingtonpost.com/wp-dyn...051900704.html

    Sure hope Bubba the Molester gets his way with this whole group.
    Webmaster's... Mike and Charlie

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  12. #12
    pph Expert! Gordon's Avatar
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    The sooner they start frying or hanging the b*st*rds the better.

    Electrician for hire will work for the fun of it, just pay my transport costs.
    Hangman for hire will work for the fun of it, just pay my transport costs.
    One day parasites and their ilk will be made illegal, I bet a few Lawyers will be pissed off when the day comes.
    Mr. Spitzer is fetching it nearer

    YouTrek

  13. #13
    Full Member Tech Evangelist's Avatar
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    I hate to burst everyone's happy bubble about 180Solutions, but if a personal injury lawyer is filing the suit, it is a civil suit and no one goes to jail or pays a stiff fine. There will likely be an award or a settlement, but no one goes to jail in a civil suit. It needs to be a criminal suit. Civil and criminal cases are separate issues.

    It would be nice if a criminal prosecutor somewhere decided to look at this. Civil suits do sometimes lead to criminal suits, but someone needs to get a Federal or State Prosecutor interested. Given the long list os alledged criminal violations, the chances may be good that the real real end game is Federal criminal prosecution. Keep your fingers crossed.
    There's good, fast and cheap. Pick any two.
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  14. #14
    ABW Ambassador Greg Rice's Avatar
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    True they won't get any jail time with this case but it could get the attention of the government or even more class action lawsuit lawyers. And the when the well runs dry on 180 the lawyers they may be looking for more pockets to loot like those who did business with them.
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  15. #15
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    This firms Internet Law cases:
    http://www.collinslaw.com/internetlaw.html

    Says this:
    "DirectRevenue Litigation: We filed a class action lawsuit against an adware company called DirectRevenue. DirectRevenue is alleged to send advertisements with the words “ceres”, among others, in the upper left hand corner of the pop-up ad. Feel free to contact us with your experiences with files and/or advertisements from betterinternet, abetterinternet, Aurora, Ceres, Buddy. dfish@collinslaw.com"

    And says this (I assume this is related the story about 180 solutions listed in post #1 in this thread concerning 180 solutions):
    "Businesses Cheated On the Internet: We are investigating claims on behalf of businesses, especially merchants, who are being cheated, overcharged, or otherwise scammed by Internet companies that charge commissions for referring customers. Some merchants with web sites pay commissions to Internet companies who recommend or link the merchants' products. We believe that in many cases, proper calculations of commissions are not being done. Feel free to contact us (dfish@collinslaw.com) if you feel you are being overcharged commissions or otherwise being scammed on the Internet."

    The lawyer there they say to contact:
    David J. Fish
    http://www.collinslaw.com/bios/fish.html

    If they are investigating claims on behalf of merchants who were cheated, perhaps we as affiliates who have also been cheated, should join as a complaintant.

  16. #16
    Internet Cowboy
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    I'd bet this guy has already been to ABW. If not, he will soon. I sent him an email with links. I suggest many others do the same.
    Quote Originally Posted by Haiko
    I'll shut up about Con Shawlins - Scootster I owe you a Tshirt for that one.
    Thanks, but I can't take credit for that Haiko. Someone else said it first and I adopted it. It started here.


  17. #17
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    What Collins is looking for --> affiliate fraud
    Donuts,

    That's a great page you linked to. But I think the "Businesses cheated..." entry does not refer to the Collins firm's suit against 180solutions. (Looks like they actually haven't updated that page to mention 180 specifically, though I expect that they will do so in due course.)

    As I read that paragraph, it looks like the Collins firm is interested in the kind of scams I describe here -- adware/spyware forcing clicks, cookie-stuffing, thiefware, etc.

    The Collins firm says to contact them if merchants feel they are being overcharged commissions. From all I've seen, Collins is a serious firm that's serious about making a difference here. If I were a merchant that had been cheated, I'd probably follow their invitation and contact them.

  18. #18
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    I also sent the big Fish an email asking him to check out this thread here and more.

    If he needs ammo for his case - I got a big ol' gun named Ben who has experience as an expert witness. Fish - need anything, you've got my email at 11:58am (eastern) today - let me introduce to my little friend... Ben Edelman! He can show you some neat little tricks those bastards you're going after have been using to steal money from merchants and from affiliates too!!!

  19. #19
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    Donuts and others --

    I'm sure it's very helpful to send Mr. Fish links and pointers.

    But let's also reread his message to see what he has requested. In relevant part (emphasis added):

    Businesses Cheated On the Internet: We are investigating claims on behalf of businesses, especially merchants, who are being cheated, overcharged, or otherwise scammed by Internet companies that charge commissions ... Feel free to contact us (dfish@collinslaw.com) if you feel you are being overcharged commissions
    I think it's clear that Mr. Fish is hoping to hear from affiliate merchants who believe they are being cheated. Hearing from the rest of us, well, that may or may not be what he's looking for -- no harm in sending a note, but it's not quite what he asked about.

  20. #20
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    Ben, I've already exchanged a few emails with him... he's responsive and does seek some general background information. You should drop him a note with your contact info - he already knows who you are from my emails.

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