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ADWARE CLASS ACTION LAWSUIT AGAINST -
VALUECLICK, COMMISSION JUNCTION AND BE FREE

An informational website from the law firms of Nassiri & Jung LLP and Hagens Berman

THE LAWSUITS

On April 20, 2007, two putative class action lawsuits were filed in Federal Court for the Central District of California. The lawsuits, filed on behalf of affiliates and merchants, allege that defendants ValueClick, Inc., Commission Junction, Inc. and Be Free (collectively, “ValueClick”) have engaged in unfair business practices resulting in harm to affiliates and merchants on their affiliate networks. According to the complaints, ValueClick has failed to take reasonable steps to address malicious adware and adware users on its networks. The following are a few examples identified in the complaints of how adware may result in harm to ValueClick’s affiliates and merchants:

  1. by unlawfully diverting earned commissions from legitimate affiliates;
  2. by fraudulently causing merchants to pay commissions and fees for traffic that was not generated by legitimate affiliate activity;
  3. by threatening the integrity of merchant affiliate programs; and
  4. by exposing merchants to liability for breach of their contracts with affiliates

The lawsuits also allege that ValueClick has a motive to allow unlawful adware activity on its networks because adware results in increased revenues to ValueClick. The lawsuits seek payment of monetary damages to affiliates and merchants as well as changes in ValueClick’s corporate practices related to adware and compliance. A PDF version of the complaints can be found here:

SUBMIT YOUR CASE

If you or someone you know is currently or was previously an affiliate (or publisher) or merchant (or advertiser) with ValueClick, Commission Junction and/or Be Free, please click here to contact an attorney at Nassiri & Jung LLP.

Nassiri & Jung LLP and Hagens Berman LLP are representing affiliates and merchants across the country who have been harmed by adware practices.

[Carrier Complaint - PDF, 1.8mb] [SRC Complaint - PDF. 1.8mb]

Note: you will need Adobe Acrobat Reader to view these files. Go here to download, if you do not currently have the free reader installed

CONTACT AN ADWARE CLASS ACTION ATTORNEY

If you or someone you know is currently or was previously an affiliate (or publisher) or merchant (or advertiser) with ValueClick, Commission Junction and/or Be Free, you may be eligible to file a claim or participate in the lawsuits. Nassiri & Jung LLP and Hagens Berman LLP are representing affiliates and merchants across the country who have been harmed by adware practices. Please contact Nassiri & Jung LLP to discuss your legal rights at no cost or obligation. [DISCLAIMER] We will handle all inquiries with the strictest confidentiality, and we will protect your information to the full extent permitted by law. Inquiries from Canada, Europe and other nations are also welcome.

ABOUT NASSIRI & JUNG LLP

Founded by Harvard and Stanford attorneys, Nassiri & Jung LLP specializes in complex litigation and business law. Former attorneys at the largest and most renowned law firms in the country, our lawyers are committed to providing aggressive and dedicated representation typically only available to large corporations. For more information about our firm, please visit our website at www.nassiri-jung.com

ABOUT HAGENS BERMAN LLP

Based in Seattle, Washington, Hagens Berman LLP was founded in 1993 by Carl Hagens and Steve Berman with one purpose - to pursue the type of law that most interested the founders. This involved representing plaintiffs in class actions and multi-party, large-scale complex litigation and becoming engaged in cases that had the potential for having a positive impact on protecting the rights of investors, consumers, workers, and the environment. Our main focus is to represent plaintiffs in securities, investment fraud, product liability, tort, antitrust, consumer fraud, employment, environmental, and ERISA cases. In doing so, our firm has become particularly skilled at managing multi-state and nationwide class actions through an organized, coordinated approach that implements an efficient and aggressive prosecutorial strategy in order to place maximum pressure on the defendant. For more information about our firm, please visit our website at http://www.hagens-berman.com.

SUBMIT YOUR CASE

If you or someone you know is currently or was previously an affiliate (or publisher) or merchant (or advertiser) with ValueClick, Commission Junction and/or Be Free, please use this form (click here) to contact an attorney at Nassiri & Jung LLP. Nassiri & Jung LLP and Hagens Berman LLP are representing affiliates and merchants across the country who have been harmed by adware practices. [DISCLAIMER]

We agree to protect your name and all confidential information you submit against disclosure, publication or unauthorized use to the full extent under the law. We will respond to your inquiry as promptly as possible. There is no charge or obligation for our review of your case.