'Free' electronics claims cost advertiser $650,000

By Nate Mook | Published November 29, 2007, 6:10 PM

The FTC is cracking down on claims of "free" electronics, such as an Xbox 360 or an iPod, fining a major advertising company $650,000 for its deceptive marketing tactics.

You've seen them before: e-mails and online banners promising a free iPod simply by clicking an ad. But those who do take the bait quickly discover they must first wade through a series of third party promotions, and then are forced to sign up for offers before being eligible for the gift.

The Federal Trade Commission is beginning to take note of such scams, and with the help of the Department of Justice, has charged Adteractive -- which operates as FreeGiftWorld.com and SamplePromotionsGroup.com -- with violating the federal CAN-SPAM Act and the FTC Act.

"Participation in these promotions requires consumers to do such things as purchase products, take out a car loan, subscribe to satellite television service, or apply for multiple credit cards," the FTC said in a statement.

According to the Commission, Adteractive used e-mail subject lines including, "Test and keep this Flat-Screen TV," "Test it ??" Keep it ??" Microsoft Xbox 360," and "Congratulations! Claim Your Choice of Sony, HP or Gateway Laptop." The company's banner ads claimed, "Participate Now and You'll Receive a FREE SONY PLAYSTATION."

As part of a settlement agreement with the FTC, Adteractive will pay $650,000 in civil penalties, and must clearly display what obligations a user must fulfill to receive a prize. The company is also barred from sending e-mails that violate the CAN-SPAM Act.

Interestingly, one FTC Commissioner dissented in the final settlement vote of 4-1. He said the $650,000 penalty is too low compared to other CAN-SPAM cases, and will not deter other companies from violating the law in the future.

Previously, CAN-SPAM related punishments have ranged from Kodak's $26,331 penalty for sending 2 million unsolicited e-mails, to a recent conviction of two spammers who face over five years in prison for sending millions of pornographic e-mails.

Comments

View comments by with a score of at least

Hooray!

Now if they'd only penalize RainSoft for coming over to give me a free water test and then harrass me to buy a $6250 water softener system after a 2 hour demo, the free gifts being similar scams to the 'free ipod' and also give Home Depot a slap for giving them my information.

I'm happy to see things like this happen. I run my own servers and provide hosting and ANYTHING to reduce spam makes me very happy.

Score: 0

|

Well, the solution to this problem is simple. Hold the company to their word. Free is Free after all so every person that has participated should be awarded the Free gift. That would learn them.

Score: 0

|

That would be sweet!

Score: 0

|

Yes, let them pay out first and then cease to exist!

Score: 0

|

This is exactly what they should have to do.

Score: 0

|

About damn time! Although I do agree that $650,000 is a bit low, but at least it's something.

Score: 0

|

Indeed!- This cost them a month of hard work.

Score: 0

|

Yup! I agree!

Score: 0

|

Breakthrough: AMD and Intel settle antitrust dispute, reach new cross-license agreement

UPDATED Only exclusionary business practices, not some rebates, may be covered by a new agreement on Intel's future business conduct.

Windows Marketplace for Mobile now available in browser, iTunes' App Store still not

You can now check out what Windows Marketplace for Mobile has to offer without a Windows Phone.

Microsoft damage control after marketer claims Win7 inspired by Mac

Have you ever said anything you wish you could take back? Ever? No? Not even once? Well then, you won't sympathize with a mid-level Microsoft manager today.

Facebook for iPhone developer goes from Apple supporter to 'I quit!' in 3 months

Fed up with Apple's App Store policies, the developer of Facebook for iPhone has bailed on the iPhone.

Google acquires Gizmo5, builds IP telephony portfolio

Google Voice today confirmed rumors that it would acquire IP telephony company Gizmo5

'A pivot from war to peace:' The AMD + Intel armistice, in their own words

An extraordinary day in technology history is recognized by two long-time rivals that mutually decided it's futile to fight anyplace else except the marketplace.

PS3, Xbox to soon get Twitter, Facebook integration

Both Microsoft's Xbox 360 and Sony's PlayStation 3 will integrate with Facebook in the near future.

The iTunes App Store at 100,000: Can we stop counting, already?

Carmi Levy | Wide Angle Zoom: Is a six-digit number truly reflective of a healthy applications ecosystem? Or is it another type of bloat?

Analysis: The end of business-by-litigation?

The AMD v. Intel case ended neither with a bang nor a whimper, but almost with a song. Is it catchy enough for the rest of the PC world to sing in perfect harmony?

The agreement: Intel and AMD 'wipe the slate clean'

As the Securities and Exchange Commission document shows, AMD did indeed make some compromises in favor of Intel, especially with regard to conduct.

EC still holds Intel accountable even after AMD settlement

Though the future of relations between AMD and Intel may be peaceful now, the EC believes Intel may still owe restitution for its past conduct.