NebuAd, ISP Partners Targeted in Class Action Suit

  |  November 12, 2008   |  Comments

Behavioral ad vendor and 26 Internet service providers are listed as defendants.

NebuAd and 26 of its ISP partners are the targets of a class-action suit that was filed this week in a California Federal District Court.

The complaint, filed Monday on behalf of 16 plaintiffs, claims NebuAd and Internet service providers committed illegal privacy and computer security breaches against Internet subscribers. ISPs named in the suit include CenturyTel, WOW, CableOne, Embarq, Knology, and Bresnan Communications. The filing also targets an additional 20 unnamed ISP defendants, referred to as "John Does," which it claims also worked with NebuAd.

The six ISPs identified in the complaint retained NebuAd earlier this year to conduct trials of the vendor's behavioral advertising platform. None have active relationships with the company now, however. Indeed, NebuAd backed away from ISP behavioral targeting (ISP-BT) earlier this fall after drawing scrutiny from Congressional leaders and privacy advocates.

The class action suit alleges the defendants violated two federal laws (the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act) as well as two California laws (the California Invasion of Privacy Act and the Computer Crime Law). To those, plaintiffs added charges of aiding and abetting, civil conspiracy, and unjust enrichment.

Regarding the Electronic Communications Privacy Act violation, the suit alleges "Defendants have intentionally used such electronic communications with knowledge...that the electronic communications were obtained through interception for an unlawful purpose."

Plaintiffs in the suit reside in five states, including Alabama, Kansas, and Georgia. However their complaint asserts claims on behalf of future class members in all 50 states.

MediaPost first reported the lawsuit on Tuesday.

ClickZ Live New York Want to learn more? Join us at ClickZ Live New York 2015
[ALERT] Super Saver Rates Expire January 30. With over 15 years of experience delivering industry leading events, ClickZ Live brings together over 50 expert speakers to deliver an action-packed, educationally-focused agenda covering all aspects of digital marketing. Quick! - Register today to secure your place at the best rate.

ABOUT THE AUTHOR

Zachary Rodgers

Until March 2012, Zach Rodgers was managing editor of ClickZ's award-winning coverage of news and trends in digital marketing. He reported on the rise of web companies, data markets, ad technologies, and government Internet policy, among other subjects. 

COMMENTSCommenting policy

comments powered by Disqus

ClickZ Today is our #1 newsletter.
Get a daily dose of digital marketing.

COMMENTS

UPCOMING EVENTS

Featured White Papers

Google My Business Listings Demystified

Google My Business Listings Demystified
To help brands control how they appear online, Google has developed a new offering: Google My Business Locations. This whitepaper helps marketers understand how to use this powerful new tool.

5 Ways to Personalize Beyond the Subject Line

5 Ways to Personalize Beyond the Subject Line
82 percent of shoppers say they would buy more items from a brand if the emails they sent were more personalized. This white paper offer five tactics that will personalize your email beyond the subject line and drive real business growth.

WEBINARS

Jobs

    • SEM & Product Listing Ads (PLA) Manager
      SEM & Product Listing Ads (PLA) Manager (Zappos.com) - Las VegasZappos IP, Inc. is looking for a SEM & Product Listing Ads (PLA) Manager! Why...
    • Senior Product Listing Ads (PLA) Coordinator
      Senior Product Listing Ads (PLA) Coordinator (Zappos.com) - Las VegasZappos IP, Inc. is looking for a Senior Product Listing Ads (PLA) Coordinator...
    • Sales Planner
      Sales Planner (Verve) - Los AngelesJob Information:   Planners at Verve are responsible for supporting all of the ad sales team’s pre...