180solutions, which is not true.  Most reasonable visitors will therefore click  Yes, 

believing that it is the only way to view the contents of the page.  Any Web site hosted by

CJB.NET is therefore providing inaccurate and misleading information to visitors, for the

purpose of deceiving them into downloading 180solutions Zango product, as well as

other adware.  An ordinary webmaster would not anticipate this when deciding to register

for free Web hosting from CJB.NET.

24. Visitors to CJB.NET hosted Web sites are forced to rely solely on security warnings

(ActiveX prompts) in order to decide whether to download 180solutions software.  No

information or notices are provided on the actual CJB.NET hosted site to indicate what

the software prompt is about, how it is related to the content of the site, or whether the

programs are necessary in order to view the site

15

.

25. The wide, short window is difficult for users to read.  FTC law is clear, however, that

disclosures must be clear and prominent such that consumers are able to notice, read, and

comprehend them.  Written disclosures or fine print may be insufficient to correct the

misleading representation.

16

26. The deceptive assertions and omissions made on the CJB.NET Web site are material.

A finding of materiality is also a finding that injury is likely to exist because of the

representation, omission, sales practice, or marketing technique.  Injuries to consumers

can take many forms.  Injury exists if consumers would have chosen differently but for

the deception.

17

  It is likely that those who opt to host their Web sites on CJB.NET would

have chosen not to do so had they learned of the site's advertising policies during the

registration process.  It is also likely that visitors to Web sites hosted by CJB.NET would

not agree to download the advertising software if they did not mistakenly believe that

they were required to download the program in order to view the content of the Webpage.

Unfairness

27. A practice will be deemed unfair if it (1) causes or is likely to cause substantial injury

to consumers; (2) cannot be reasonably avoided by consumers; and (3) is not outweighed

by any countervailing benefits to consumers or competition that the practice produces.

18

28. CJB.NET's deceptive practices in downloading 180solutions' products onto

consumer's computers are unfair to consumers because they cause substantial injury.

Recent federal court decisions have highlighted that injuries caused by adware to the

personal property of consumers can be substantial.  Programs such as those produced by

180solutions and downloaded onto the computers of unsuspecting consumers from

15

 A video of visits to several different CJB.NET hosted websites that illustrates this fact is available at

http://netrn.net/spywareblog/archives/2005/11/13/180solutions sponsors class of second graders in ohio/

.

16

 Giant Food, 61 F.T.C. 326, 348 (1962).

17

 FTC Policy Statement on Deception, supra note 14.

18

 15 U.S.C.  45(n); FTC Policy Statement on Unfairness, Letter from Wendell H. Ford & John C.

Danforth to Senate members of the Consumer Subcommittee of the U.S. Senate Committee on Commerce,

Science, and Transportation (Dec. 17, 1980), appended to International Harvester Co., 104 F.T.C. 949,

1070 (1984).

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