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Scareware Class Action Lawsuits


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#1 tier3techsupport

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Posted 24 May 2010 - 02:49 PM

I am currently at a client's office removing a "Personal Security" infection and since this client is an attorney he asked if the organizations behind scareware such as this can be sued for damages.

I'm thinking that it might be hard to sue individuals or organizations that operate outside the US but it may possible to sue any organizations, affiliates or hosts that operate within the US.

What do you think? Does anybody think pursuing a class action lawsuit against these organizations is possible or worth the effort? Is anybody else suing these organizations?

I've seen FTC criminal investigations but haven't seen any instances that end users have been compensated. Any input and opinions are appreciated.

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#2 chromebuster

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Posted 24 May 2010 - 08:25 PM

Hi,
I think it is definitely worth suing these folks. They're mean, they're nasty, and they're worth being denied their rights as citizens to a computer! If I only knew how, I'd sue Magic Software INC for the creation of SpywareProtect 2009, the rogue that ended the life of my friend's laptop as an XP based computer. Even if the people are not tricked into buying the full product of the rogue, that doesn't matter! Rogue creators are evil! Any action against them is worth the world. I have even heard a story that AV firms only found out about the infamous XP Antivirus 2008 rogue because someone hacked into the company's database of how many installations were successful, and how much money was received for each one. This person is on the white side, and if he ever gets caught, I hope the legal system makes an exception for him since he was a hero to many. Keep it up! Do what you can to stop these psychos!

Regards,
Chromebuster

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Some call me The Queen of Cambridge


#3 tier3techsupport

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Posted 28 May 2010 - 04:03 PM

Thanks for your input. If we can find out which organizations are behind the various scareware and rogue AV I'm the attorney will research the feasibility of filing a lawsuit against these organizations. I guess we can start with Magic Software.

#4 chromebuster

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Posted 28 May 2010 - 05:15 PM

I wonder if they're still active. When you look at sites that list rogue software, they too are listed, but if I'm not mistaken, spywareProtect2009 is only listed for historical reasons. There are tons of rogues out there that are still there for only historical purposes. I've never checked their site, for I don't have a virtual environment to test malware sites in. And nor am I that knowledgeable about how these things work. like if these people don't create anymore software, it would be useless to try and take action against them, wouldn't it? What is there to take action against now? But you know more than I do about that. The guys I really worry about are the current ones just looking for victims.

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Some call me The Queen of Cambridge


#5 Animal

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Posted 28 May 2010 - 07:33 PM

The problem is tracking down the 'responsible party' to sue. Then you have to figure out who has jurisdiction. By the time you figure out problem #1 and #2 they have closed up shop and moved and resurfaced with another name and another scam. It's like chasing ghosts and 'if' big if you do get to the point of prosecuting. The money you have wasted chasing them will never be recovered.

Sure it's the principle of the thing. But at what cost and lost time. Sometimes it's better to take it as a life lesson and cut your losses.

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