ModernAd Media Fined $2.9 Million for CAN-SPAM Violations

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The Attorney General of Florida Bill McCollum has recently announced that Florida will receive $2.9 million from a settlement with ModernAd Media, LLC.  The company based in Deerfield Beach is an internet-based advertising company. The agreement relates to violatations of the Federal CAN-SPAM Act, as it would seem there was some very shady practices over at ModernAd Media, relating to ‘free’ promotion popups.



(PRESS RELEASE) TALLAHASSEE, FL – Attorney General of Florida Bill McCollum today announced that Florida will receive $2.9 million from a settlement with an internet-based advertising company. The agreement resolves allegations that ModernAd Media, LLC, a Deerfield Beach internet advertising company, violated the Federal CAN-SPAM Act, which prohibits deceptive and misleading header information in commercial emails.

An investigation initiated by the Attorney General’s CyberFraud Section of the Economic Crimes Division revealed that consumers were solicited through e-mails, internet “pop-up” windows, or paid advertisements linked to Google and other search engines. Many of the advertisements conveyed that consumers were entitled to receive “free” merchandise. The investigation focused on determining whether the promotional merchandise was actually “free,” and whether the terms and conditions for receiving the promotional items were displayed in a way to not mislead consumers.

As a result of the settlement, ModernAd Media, LLC must disclose and prominently display all necessary information on internet-based advertisements necessary so consumers can make informed decisions before they agree to purchase products or participate in trial offers. The agreement also requires ModernAd Media, LLC to pay $2.9 million to the Attorney General’s Office, which will reimburse the state’s fees and costs and will help the office continue establishing high standards of practice for the internet marketing industry.

The CyberFraud Section was created in 2008 to use a team approach to review and investigate complaints against companies or individuals found taking advantage of consumers through internet-related fraud. Consumers who believe they have been victimized by unauthorized billing for internet products should contact the Attorney General’s Citizen Services Division by calling 1-866-9-NO-SCAM (1-866-966-7226) or by filing a complaint online at http://myfloridalegal.com.

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emailexpert is published by Andrew Bonar, the founder of the company Deliverability which is incorporated in Australia, Hong Kong and the United Kingdom. Deliverability has included Dotmailer, GetResponse, outreach.io, SendLane and other ESPs as clients. Having launched his first website in 1990, he went on to become the co-founder of @POBox UK in 1993, a free email address provider, possibly the first in the world. Thereafter launching Cheapnet which became the longest running privately owned ISP in Europe before launching the first privately owned online payment gateway in the UK: Ebanx. Andrew has consulted to some of the worlds biggest senders including Amazon, Mondelez and Nestle. 2012 in his role as Global Deliverability Director at Emailvision was the first time he oversaw the delivery of more than 100 Biillion messages in a single year. Since that time he has provisioned consultancy or performed leadership roles at some of Australia's most successful tech companies. Including Campaign Monitor, Freelancer.com and Kogan. With 21+ years of industry experience, Andrew is widely recognised as a leader in the field of message sending, deliverability and compliance. He currently resides in the Harbour City of Sydney and continues to serve as an independent consultant at organisations throughout Europe, the Middle East, Asia Pacific and the US.