Movieland , also known as Movieland.com , Moviepass.tv and Popcorn.net , was a subscription-based movie download service that has been the subject of thousands of complaints to the Federal Trade Commission , the Washington State Attorney General's Office , the Better Business Bureau , and other agencies by consumers who said they were held hostage by its repeated pop-up windows and demands for payment, triggered after a free 3-day trial period. Many said they had never even heard of Movieland until they saw their first pop-up. Movieland advertised that the service had "no spyware", and that no personal information would need to be filled out to begin the free trial.
79-521: The Federal Trade Commission (FTC) filed a complaint against Movieland and eleven other defendants in August 2006, charging them with having "engaged in a nationwide scheme to use deception and coercion to extract payments from consumers." The Attorney General of the state of Washington also filed a complaint, charging Movieland and several other defendants with violating that state's Computer Spyware Act and its Consumer Protection Act. The files of
158-420: A credit card number or an e-mail address, making the trial appear anonymous . The site's homepage stated that it has "No Spyware", is "Virus Free", and "No Extra Charge". The site installed a program, MediaPipe, which was used to access the service. Movieland.com began operations sometime in the fall of 2005 or earlier. Consumer complaints began soon thereafter. Most consumers claimed they had never signed up for
237-410: A dialog box is the about box found in many software programs, which usually displays the name of the program, its version number, and may also include copyright information. Non-modal or modeless dialog boxes are used when the requested information is not essential to continue, and so the window can be left open while work continues elsewhere. A type of modeless dialog box is a toolbar which
316-581: A driver of inflation for grocery prices. In August 2024, it announced it would be probing grocery prices to look for anti-competitive behavior and price gouging at chain supermarkets. In 2023, the FTC proposed a new rule that would ensure that the cancellation process of subscription services is as easy as the process of signing up. On October 16, 2024, the FTC announced the new rule, dubbed "click to cancel", requiring companies to make subscription services "as easy for consumers to cancel their enrollment as it
395-450: A fact that was only disclosed in legalese, buried within the end user license agreement. The FTC secured a consent decree in the case. In In re Gateway Learning Corp. the FTC alleged that Gateway committed unfair and deceptive trade practices by making retroactive changes to its privacy policy without informing customers and by violating its own privacy policy by selling customer information when it had said it would not. Gateway settled
474-480: A fine of US$ 50.1 million on OMICS companies. OMICS' lawyer said that this was an unfair allegation and that OMICS would sue FTC for $ 3.11 billion in damages, saying it had caused loss of revenue and reputation. In In the Matter of Sears Holdings Management Corp. , the FTC alleged that a research software program provided by Sears was deceptive because it collected information about nearly all online behavior,
553-692: A form of " Ransomware " due to its behaviour. As of July 2008, the MediaPipe report is still cited by the Berkman Center for Internet & Society at Harvard Law School . On August 8, 2006, the FTC filed a complaint in United States District Court "to obtain preliminary and permanent injunctive relief , rescission of contracts, restitution , disgorgement and other equitable relief for Defendants' deceptive and unfair acts or practices in violation of Section 5(a) of
632-437: A particular computer for the first time, they cause them to redisplay again and again with ever-increasing frequency." The pop-ups had a large dark background and took up much of the screen, blocking access to other windows, and did not contain close or minimize buttons; forcing the user to continue. The first pop-up showed the date and time "our content access software was installed on your system and your 3 day free trial began",
711-473: A recorded greeting told them that they would incur a $ 34.95 charge if they did not hang up within three seconds. The complaint also alleged that the defendants made it difficult or impossible for consumers to uninstall the software. Those attempting to remove it through the Windows Control Panel "Add or Remove Programs" function were redirected to a web page telling them that they had to pay
790-409: A report updated February 20, 2008, the Berkman Center for Internet & Society at Harvard Law School calls Movieland's MediaPipe component "badware" because "it does not fully disclose what it is installing, does not completely remove all components and 'obligations' during the uninstall process, and modifies other software without disclosure." Richard Stiennon of IT-Harvest referred to Movieland as
869-578: A review of the price lists, on-site training of the staff, and follow-up testing and certification on compliance with the Funeral Rule ." In the mid-1990s, the FTC launched the fraud sweeps concept where the agency and its federal, state, and local partners filed simultaneous legal actions against multiple telemarketing fraud targets. The first sweeps operation was Project Telesweep in July 1995 which cracked down on 100 business opportunity scams. In
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#1732787032252948-487: A user has removed it, and to prominently post removal instructions at their web sites. The agreement also requires Herd and Garroni to notify the FTC of any change of name, address or employment status, and of any new business affiliations, for five years. On August 14, 2006, Rob McKenna , the Attorney General of the state of Washington charged Movieland, Digital Enterprises, Herd, and Garroni with violating
1027-418: Is either separate from the main application, or may be detached from the main application, and items in the toolbar can be used to select certain features or functions of the application. In general, good software design calls for dialogs to be of this type where possible, since they do not force the user into a particular mode of operation. An example might be a dialog of settings for the current document, e.g.
1106-523: Is responsible for the United States National Do Not Call Registry . Dialog box In computing , a dialog box (also simply dialog ) is a graphical control element in the form of a small window that communicates information to the user and prompts them for a response. Dialog boxes are classified as " modal " or "modeless", depending on whether they block interaction with the software that initiated
1185-718: Is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection . The FTC shares jurisdiction over federal civil antitrust law enforcement with the Department of Justice Antitrust Division . The agency is headquartered in the Federal Trade Commission Building in Washington, DC . The FTC was established in 1914 with the passage of the Federal Trade Commission Act , signed in response to
1264-677: Is to be denied a written, retainable copy of the GPL. In 1996, the FTC instituted the Funeral Rule Offenders Program (FROP), under which "funeral homes make a voluntary payment to the U.S. Treasury or appropriate state fund for an amount less than what would likely be sought if the Commission authorized filing a lawsuit for civil penalties. In addition, the funeral homes participate in the NFDA compliance program, which includes
1343-412: The funeral home industry in order to protect consumers from deceptive practices. The FTC Funeral Rule requires funeral homes to provide all customers (and potential customers) with a General Price List (GPL), specifically outlining goods and services in the funeral industry, as defined by the FTC, and a listing of their prices. By law, the GPL must be presented on request to all individuals, and no one
1422-407: The $ 29.95 fee to stop the pop-ups. The only way many consumers could regain control of their computers was to pay the fee, or pay a computer technician to remove the software. Movieland representatives said the downloads were not spyware and did not get on computers accidentally, insisting they were not " drive-by downloads ". They said the FTC lawsuit was "improperly brought", and pointed out that at
1501-570: The 19th-century monopolistic trust crisis. Since its inception, the FTC has enforced the provisions of the Clayton Act , a key antitrust statute, as well as the provisions of the FTC Act, 15 U.S.C. § 41 et seq. Over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promulgated a number of regulations (codified in Title 16 of
1580-573: The 2021 United States Supreme Court case, AMG Capital Management, LLC v. FTC , the Court found unanimously that the FTC did not have power under 15 U.S.C. § 53(b) of the FTC Act, amended in 1973, to seek equitable relief in courts; it had the power to seek only injunctive relief. In 2023, Project 2025 suggested that an administration could abolish the FTC. In November 2024, U.S. District Judge Amit Mehta agreed with Assistant Attorney General Jonathan Kanter and FTC Chair Khan, ruling
1659-657: The Bureau of Competition, the Bureau of Consumer Protection, and the Bureau of Economics. The Bureau of Competition is the division of the FTC charged with elimination and prevention of "anticompetitive" business practices. It accomplishes this through the enforcement of antitrust laws, review of proposed mergers , and investigation into other non-merger business practices that may impair competition. Such non-merger practices include horizontal restraints, involving agreements between direct competitors, and vertical restraints , involving agreements among businesses at different levels in
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#17327870322521738-457: The CPA, by threatening collection proceedings and an adverse effect on users' credit records, while in fact defendants do not even know the consumer's name; and referring to consumers' "legal obligation" to pay, when in fact there is no legally binding contract, failure to disclose material facts in violation of the CPA, the "aggressive, relentless, threatening" form of the payment demands; the fact that
1817-526: The Code of Federal Regulations ). The broad statutory authority granted to the FTC provides it with more surveillance and monitoring abilities than it actually uses. The FTC is composed of five commissioners, who each serve seven-year terms. Members of the commission are nominated by the President and subject to Senate confirmation, and no more than three FTC members can be of the same party . One member of
1896-569: The Consumer Protection Act if found liable . They were also subject to paying restitution to affected consumers. The alleged violations of Washington state law included taking control of a user's computer in violation of the Spyware Act and the Consumer Protection Act (CPA), by remotely installing billing software that initiates and controls the pop-up cycle, misrepresenting the ability to uninstall software in violation of
1975-413: The FTC Act". The complaint alleged that the defendants were demanding payment to fix a problem that they themselves created, and were installing disruptive software that could not be removed through reasonable means. According to the FTC complaint, Movieland repeatedly bombarded consumers with pop-up windows, accompanied by music that lasted nearly a minute. They demanded a minimum payment of $ 29.95 to end
2054-637: The FTC authorized an administrative complaint against the merger between Microsoft and Activision Blizzard , Inc. The FTC alleged the deal would suppress competitors from accessing future content/games developed by Activision once the deal goes through. The FTC dropped its lawsuit on July 20, 2023. Microsoft had to restructure its deal to appease UK regulators. Microsoft reneged on promises it made in court filings by laying off 1900 employees in January 2024, signaling that it did not plan to let Activision Blizzard remain as independent as it had promised and leading
2133-704: The FTC in September 2007. Without admitting any wrongdoing or violation of the law, the defendants agreed to make permanent the terms of the pre-trial stipulations including limiting the number, frequency and duration of the billing pop-ups; and to pay the FTC $ 501,367 to reimburse consumers who paid for the program as a result of the repeated pop-up demands. The defendants also agreed to stop offering anonymous free trials, have users certify at install time that they are at least 18 years of age, provide an install-time link to their terms of service or end user license agreement , not download software that reinstalls itself after
2212-468: The FTC settlement but specific to Washington consumers, agreeing to pay Washington $ 50,000 as consumer reimbursement and to prominently state all important contract terms, including the cost of the subscription service, in advertisements. Federal Trade Commission The Federal Trade Commission ( FTC ) is an independent agency of the United States government whose principal mission
2291-517: The FTC sued Meta (formally known as Facebook) for anticompetitive conduct under Section 2 of the Sherman Act , which prohibits improper monopolization of a market. The FTC accused Meta of buying up its competitors to stifle competition which reduced the range of services available to consumers and by creating fewer social media platforms for advertisers to target. In September 2013, a federal court closed an elusive business opportunity scheme on
2370-555: The FTC to continue to appeal the decision. In July 2021, the FTC voted unanimously to enforce the right to repair as policy and to look to take action against companies that limit the type of repair work that can be done at independent repair shops. In October 2024, following a comment by the FTC to the US Copyright Office , an exemption was granted allowing for repair of retail-level food preparation equipment, such as McDonald's ice cream machines . In December 2020
2449-597: The FTC's success in blocking or unwinding of hospital consolidations or affiliations: In 2011, the FTC successfully challenged in court the $ 195 million acquisition of Palmyra Medical Center by Phoebe Putney Memorial Hospital. The FTC alleged that the transaction would create a monopoly as it would "reduce competition significantly and allow the combined Phoebe/Palmyra to raise prices for general acute-care hospital services charged to commercial health plans, substantially harming patients and local employers and employees". The Supreme Court on February 19, 2013, ruled in favor of
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2528-469: The FTC. Similarly, court attempts by ProMedica health system in Ohio to overturn an order by the FTC to the company to unwind its 2010 acquisition of St. Luke's hospital were unsuccessful. The FTC claimed that the acquisition would hurt consumers through higher premiums because insurance companies would be required to pay more. In December 2011, an administrative judge upheld the FTC's decision, noting that
2607-408: The FTC. They were banned from processing credit card transactions, though the initial monetary judgment of $ 5.8 million was suspended due to the defendant's inability to pay. In 2016, the FTC launched action against the academic journal publisher OMICS Publishing Group for producing predatory journals and organizing predatory conferences . This action, partly in response to ongoing pressure from
2686-547: The Rockford area and would have a market share of 64%. Later in 2012, OSF announced that it had abandoned its plans to acquire Rockford Health System. The commission is headed by five commissioners, who each serve seven-year terms. Commissioners are nominated by the president and confirmed by the Senate . No more than three commissioners can be of the same political party . In practice, this means that two commissioners are of
2765-849: The academic community, is the first action taken by the FTC against an academic journal publisher. The complaint alleges that the defendants have been "deceiving academics and researchers about the nature of its publications and hiding publication fees ranging from hundreds to thousands of dollars". It additionally notes that "OMICS regularly advertises conferences featuring academic experts who were never scheduled to appear in order to attract registrants" and that attendees "spend hundreds or thousands of dollars on registration fees and travel costs to attend these scientific conferences." Manuscripts are also sometimes held hostage, with OMICS refusing to allow submissions to be withdrawn and thereby preventing resubmission to another journal for consideration. Library scientist Jeffrey Beall has described OMICS as among
2844-553: The agency also alleged that the companies created a rebate system that prioritized high rebates from drug manufacturers, among other factors. The agency stated that several PBMs failed to provide documents in a timely manner and warned that it could take the companies to court to force them to comply, during the announcment in the preliminary findings. In September 2024, the FTC sued the three largest pharmacy benefit managers (PBMs) for allegedly engaging in anti-competitive practices that increased their profits while artificially inflating
2923-473: The agency requested documents from the six largest PBMs as part of its investigation. The three largest – UnitedHealth Group's OptumRx , Cigna's Express Scripts and CVS Health's Caremark – manage about 80% of U.S. prescriptions. The top three PBMs share a parent company with a large medical insurance company . The FTC accused these companies of raising drug prices through conflicts of interest , vertical integration , concentration, and exclusivity provisions;
3002-507: The background and text colors. The user can continue adding text to the main window whatever color it is, but can change it at any time using the dialog. (This isn't meant to be an example of the best possible interface for this; often the same functionality may be accomplished by toolbar buttons on the application's main window.) System modal dialog boxes prevent interaction with any other window onscreen and prevent users from switching to another application or performing any other action until
3081-459: The behavior of ProMedica health system and St. Luke's was indeed anticompetitive. The court ordered ProMedica to divest St. Luke's to a buyer that would be approved by the FTC within 180 days of the date of the order. In November 2011, the FTC filed a lawsuit alleging that the proposed acquisition of Rockford by OSF would drive up prices for general acute-care inpatient services as OSF would face only one competitor (SwedishAmerican health system) in
3160-488: The biggest pay raises. It also allows workers to leave abusive work environments and can prevent some doctors from having to leave medicine once they leave a practice. The ban was put on hold by U.S. District Judge Ada Brown on July 3, 2024, but then upheld on appeal by U.S. District Judge Kelley B. Hodge on July 23, 2024. On August 20, 2024, a federal court in Texas overturned the FTC's ban on non-compete agreements, which
3239-577: The body serves as FTC Chair at the President's pleasure, with Commissioner Lina Khan having served as chair since June 2021. Following the Supreme Court decisions against Standard Oil and American Tobacco in May 1911, the first version of a bill to establish a commission to regulate interstate trade was introduced on January 25, 1912, by Oklahoma congressman Dick Thompson Morgan . He would make
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3318-491: The company a monopoly, and ordering Google to sell its Chrome web browser. The FTC ruled to ban virtually all non-competes nationwide in April 2024. The agency estimates 30 million workers are bound by these clauses and only excludes senior executives from the ban on enforcing non-competes. The agency believes that this will allow workers to find better working conditions and pay, since switching companies, on average, provides
3397-542: The complaint by entering into a consent decree with the FTC that required it to surrender some profits and placed restrictions upon Gateway for the following 20 years. In addition to prospective analysis of the effects of mergers and acquisitions, the FTC has recently resorted to retrospective analysis and monitoring of consolidated hospitals. Thus, it also uses retroactive data to demonstrate that some hospital mergers and acquisitions are hurting consumers, particularly in terms of higher prices. Here are some recent examples of
3476-441: The complaint, the defendants agreed to make clear and prominent disclosures prior to any software download or installation, to not download or install software without the user's explicit consent and without disclosing clearly and prominently in the site's terms of service the nature, frequency, and duration of any pop-up windows that may appear regarding any purported obligation for payment. The pop-ups also must not lock out access to
3555-495: The computer owner is responsible for paying for the download, and offer several purchase options including a one-time 30-day non-renewing license for $ 29.95, after which access to the service will terminate. The FTC complaint was scheduled to be tried in United States District Court in January 2008, but before trial, the defendants chose to settle out of court with both the FTC. Movieland settled with
3634-418: The computer owner or someone else consented to receiving the pop-up payment demands until they paid, the owner of any computer that received the pop-ups was legally obligated to pay Movieland, and that the computer owner was obligated to satisfy any contract that any other person entered into while using the computer. The only customer service telephone number provided was a 900 number . When consumers called it,
3713-597: The courts. With the 1912 presidential election decided in favor of the Democrats and Woodrow Wilson , Morgan reintroduced a slightly amended version of his bill during the April 1913 special session. The national debate culminated in Wilson's signing of the FTC Act on September 26, 1914, with additional tightening of regulations in the Clayton Antitrust Act three weeks later. The new FTC would absorb
3792-423: The dangerous action. A modal dialog interrupts the main workflow . This effect has either been sought by the developer because it focuses on the completion of the task at hand or rejected because it prevents the user from changing to a different task when needed. The concept of a document modal dialog has recently been used, most notably in macOS and Opera Browser . These dialogs block only that window until
3871-480: The default. They are also required to not represent that consumers have any "legal" or "contractual" obligation to pay for the software unless the computer owner has provided personal identification and agreed to pay, and that failure to pay will result in collection proceedings or affect the computer owner's credit status unless the owner has provided personal identification such as a credit card and agreed to pay. Customer service agents may state that they "believe"
3950-412: The defendants from falsely representing that their journals engage in peer review, that their journals are included in any academic journal indexing service or any measurement of the extent to which their journals are cited. It also requires that the defendants clearly and conspicuously disclose all costs associated with submitting or publishing articles in their journals." In April 2019, the court imposed
4029-452: The dialog. The type of dialog box displayed is dependent upon the desired user interaction . The simplest type of dialog box is the alert , which displays a message and may require an acknowledgment that the message has been read, usually by clicking "OK", or a decision as to whether or not an action should proceed, by clicking "OK" or "Cancel". Alerts are also used to display a "termination notice"—sometimes requesting confirmation that
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#17327870322524108-498: The first speech on the House floor advocating its creation on February 21, 1912. Though the initial bill did not pass, the questions of trusts and antitrust dominated the 1912 election. Most political party platforms in 1912 endorsed the establishment of a federal trade commission with its regulatory powers placed in the hands of an administrative board, as an alternative to functions previously and necessarily exercised so slowly through
4187-528: The free trial, never used the service, and never even heard of Movieland until they got their first pop-up demand for payment. Some said they found the software on their computers after downloading a screensaver or other free utility. The company denied that it installed its software by stealthy means. Media coverage as early as January 2006 recounted consumer complaints and mentioned that several anti-spyware companies were buying Google advertisements boasting their product's ability to "Remove Movieland Now". In
4266-447: The installation of the relentless pop-up demands", he said. "Furthermore, computer owners are not responsible to satisfy contracts that other people, including minors, entered into while using a computer." He also said that the defendants' threats of collection proceedings and adverse effects on users' credit ratings were empty, as the defendants had no way to personally identify computer users. Assistant Attorney General Paula Selis said
4345-483: The issue presented in the dialog box is addressed. System modal dialogs were more commonly used in the past on single tasking systems where only one application could be running at any time. One current example is the shutdown screen of current Windows versions. Modal dialog boxes temporarily halt the program: the user cannot continue without closing the dialog; the program may require some additional information before it can continue, or may simply wish to confirm that
4424-399: The license." Movieland said the pop-ups were "an anti-fraud mechanism" that cannot be received without consumers intentionally downloading the software through several intentional steps, each of which has a default setting of "cancel". The company also stated "there are no extrinsic programs (adware or otherwise) bundled with our software." The company disputed the FTC claim that the software
4503-530: The list price of insulin. The agency is seeking to prohibit the PBMs from favoring medicines because certain pharaceuticals make them more money. In February 2024, the FTC challenged the Kroger-Albertsons merger , arguing it would drive up grocery and pharmacy prices, worsen service, and lower wages and working conditions. In March 2024, the FTC released a report that found higher profit margins as
4582-513: The most egregious of predatory publishers . In November 2017, a federal court in the Court for the District of Nevada granted a preliminary injunction that: "prohibits the defendants from making misrepresentations regarding their academic journals and conferences, including that specific persons are editors of their journals or have agreed to participate in their conferences. It also prohibits
4661-503: The notice has been read—in the event of either an intentional closing or unintentional closing (" crash ") of an application or the operating system . ( E.g. , " Gedit has encountered an error and must close.") Although this is a frequent interaction pattern for modal dialogs, it is also criticized by usability experts as being ineffective for its intended use, which is to protect against errors caused by destructive actions, and for which better alternatives exist. An example of
4740-450: The opposition party. However, three members of the FTC throughout its history have been without party affiliation , with the most recent independent, Pamela Jones Harbour , serving from 2003 to 2009. (chair) Yale Law School ( JD ) Yale Law School (JD) Yale Law School (JD) University of Utah Law School (JD) University of Virginia School of Law (JD) Notes As of 2021, there have been: The FTC has three main bureaus:
4819-560: The popup were found on Wayback Machine in August 2022. Another version of the popup was found on Wayback Machine in January 2023, with the original embed page and parameters, but without some files (some missing files are saved in the older link above). Movieland advertised its movie download service by using pop-up ads at other sites. The ads offered a three-day free trial, with access to members-only content including music, news, updated sports scores and adult movies . The ads said there were no forms to fill out, and no need to provide
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#17327870322524898-671: The recurring pop-up cycle, claiming that consumers had signed up for a three-day free trial and did not cancel the service before the trial period was over. The complaint charged that: Installation of Defendants' download manager is merely a smoke screen concealing Defendants' true purpose: to install software and other files onto consumers' computers that enable Defendants to launch pop-up windows on consumers computers demanding payments to Defendants. These pop-up windows, which display both textual and audiovisual payment demands, significantly disrupt consumers' use of their computers. After Defendants cause these pop-up payment demands to display on
4977-647: The request of the FTC, namely "Money Now Funding"/"Cash4Businesses". The FTC alleged that the defendants misrepresented potential earnings, violated the National Do Not Call Register , and violated the FTC's Business Opportunity Rule in preventing a fair consumer evaluation of the business. This was one of the first definitive actions taken by any regulator against a company engaging in transaction laundering, where almost US$ 6 million were processed illicitly. In December 2018, two defendants, Nikolas Mihilli and Dynasty Merchants, LLC, settled with
5056-505: The rest of the computer. They also agreed to fixed limits on how many pop-ups they can generate on a computer (maximum of 5 per day, 1 per hour), the requirement to provide a mute button for any sound content in the pop-ups and be able to close the windows, and provide a hyperlink with toll-free number and email utility, to request stopping the pop-ups under certain conditions. The defendants also promised to clearly label any single-click download or install buttons, and not pre-select these as
5135-512: The same acts, by listing the software in Add/Remove Programs although the software cannot be uninstalled, unconscionable business practices in violation of the CPA, by the "aggressive and harassing" billing method used and the failure to disclose it, including use of a billing method "that forces payment by completely obstructing users' access to their computers", threats, harassment and intimidation in billing practices in violation of
5214-611: The same industry (such as suppliers and commercial buyers). The FTC shares enforcement of antitrust laws with the Department of Justice . However, while the FTC is responsible for civil enforcement of antitrust laws, the Antitrust Division of the Department of Justice has the power to bring both civil and criminal action in antitrust matters. The Bureau of Consumer Protection's mandate is to protect consumers against unfair or deceptive acts or practices in commerce. With
5293-467: The staff and duties of Bureau of Corporations , previously established under the Department of Commerce and Labor in 1903. The FTC could additionally challenge "unfair methods of competition" and enforce the Clayton Act's more specific prohibitions against certain price discrimination, vertical arrangements, interlocking directorates , and stock acquisitions. In 1984, the FTC began to regulate
5372-559: The state's Computer Spyware Act and its Consumer Protection Act. The complaint, filed in King County Superior Court in Seattle , alleged misrepresentations and unlawful business acts and practices similar to those alleged in the FTC complaint, and further alleged violations of Washington state law. The defendants were subject to fines of up to $ 100,000 per violation of the Spyware Act and $ 2,000 per violation of
5451-530: The tactics forced some consumers to give in and pay between $ 20 and $ 100 for the service. She said, "We sued them because we were getting complaints from consumers who felt that they were being harassed and held over a barrel for payments that they didn't agree to make." Selis said, "It was harassment, it was intimidation of the consumer. It was using a high-pressure tactic to make him or her pay for something they were not legally obligated to pay." Movieland settled with Washington in April 2007 under terms similar to
5530-431: The terms and conditions you agreed to when you installed our content delivery software." As the clip neared its conclusion, a new dialog box entitled "PAYMENT OPTIONS" appeared. Choosing its "Close this window" option ended the pop-ups until the unvarying cycle began again. In addition, the complaint alleged that the defendants made numerous false statements in attempting to collect payments from consumers, claiming that
5609-503: The text "Click 'Continue' to purchase your license and stop these reminders", and a graphic reading "STOP THESE REMINDERS NOW" and "CLICK CONTINUE". The only option offered was the button labeled "Continue". Clicking "Continue" brought up the next pop-up, a 40-second audiovisual clip featuring a woman who introduced herself as "your personal customer service representative" and stated "Because you did not cancel during your trial period, you are now legally obligated to make your payment as per
5688-480: The time the complaint was filed a federal judge rejected the FTC's request for a temporary restraining order that would have immediately ended the cited billing practices. The terms of service at the Movieland web site warned that if users did not cancel or pay during the three-day period, pop-up billing reminders would begin and "will appear more frequently until you choose one of the payment options and pay for
5767-598: The uninstallation option for the software will be disabled; and that the defendants "transmit software to the user's computer surreptitiously", and misrepresentations in violation of the CPA, including stating the software contains "no spyware" when in fact the software itself constitutes spyware by its behavior. In announcing the suit following a seven-month investigation, Washington Attorney General Rob McKenna rejected one possible defense. "The defendants' claim that users are legally obligated to pay for their service lacks merit because consumers did not provide knowing consent to
5846-415: The user dismisses the dialog, permitting work in other windows to continue, even within the same application. In macOS , prior to macOS Big Sur , dialogs appear to emanate from a slot in their parent window, and are shown with a reinforcing animation. This helps to let the user understand that the dialog is attached to the parent window, not just shown in front of it. In Big Sur and later, the parent window
5925-431: The user wants to proceed with a potentially dangerous course of action ( confirmation dialog box ). Usability practitioners generally regard modal dialogs as bad design-solutions, since they are prone to produce mode errors . Dangerous actions should be undoable wherever possible; a modal alert dialog that appears unexpectedly or which is dismissed automatically (because the user has developed a habit ) will not protect from
6004-420: The written consent of the commission, Bureau attorneys enforce federal laws related to consumer affairs and rules promulgated by the FTC. Its functions include investigations, enforcement actions, and consumer and business education. Areas of principal concern for this bureau are: advertising and marketing, financial products and practices, telemarketing fraud , privacy and identity protection, etc. The bureau also
6083-480: Was "very difficult to get rid of", and said it could be removed using the Windows Control Panel. The following ten companies and two individuals were named as defendants in the FTC complaint: In November 2006, the defendants and the FTC signed stipulations governing their pre-trial conduct. Without admitting any wrongdoing, violation of the law, or involvement in the acts and practices alleged in
6162-741: Was originally scheduled to take effect on September 4, 2024. U.S. District Judge Ada Brown said the FTC did not have the authority to issue the ban, which she said was "unreasonably overbroad without a reasonable explanation." Victoria Graham, an FTC spokeswoman responded to the ruling by stating "We are seriously considering a potential appeal..." The FTC successfully blocked Nvidia from purchasing ARM holdings in 2022. The FTC has pursued lawsuits against companies to lower drug prices, including for insulin and for inhalers. The FTC launched its investigation into pharmacy benefit managers (PBMs) in 2022. In July 2024, it released an interim report on its 2-year investigation into pharmacy benefit managers ,
6241-468: Was to sign up." Khan said in a interview that the new rule is designed so that if consumers signed up online, they must also be able to cancel on the same website in the same number of steps. The rule’s final provisions will go into effect 180 days after it is published in the Federal Register . It also targeted airlines and credit card companies over junk fees and high prices. In 2023,
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