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.
While ad fraud has become part of every marketer’s vocabulary, attribution fraud—the practice of gaming outdated attribution models to justify self-serving means—has ... read more
On Monday, Netflix reported that it added 370,000 new subscribers in the U.S. in the third quarter, 20% more than the 300,000 it ... read more
Snapchat Discover has been a hit with publishers that want access to the popular messaging app’s highly-desirable audience, and some reports even ... read more
Little more than a year ago, Facebook CEO Mark Zuckerberg streamed the first live video from Facebook headquarters. In April of this ... read more