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.

Andrew Bonar

The founder of emailexpert.org, Andrew Bonar currently resides not far from Sydney in Australia where he performs his primary role as Postmaster for self-service ESP Campaign Monitor

In the past two years alone Andrew has been responsible for the delivery of in excess of 120 Billion messages. With more than 15 years of industry experience, Andrew is widely recognised as a leader in the field of message sending, deliverability and compliance.

In 1996, he co-founded the UK’s oldest privately held ISP, Cheapnet Ltd. In 1998, launched the UK’s first privately held eCommerce payment systems: eBanx Ltd, and in 2003 he launched two of the very first ESP’s in Europe: MailPhoenix and eMailGenie.

From 2006 Andrew served as an independent consultant at organisations throughout Europe, the Middle East, Asia Pacific and the US. More recently serving as Worldwide Director of Deliverability at Emailvision, managing deliverability operations in 22 Countries. Andrew continues developing and evangelising best practices in permission-based marketing with clients and industry associations and travels extensively in Asia, Europe and North America to fulfil these obligations.

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