Zango’s Lawsuit is Dismissed, With Prejudice

It seems as though 2006 is the year of the adware witch-hunt. With the Adware Industry on the Defensive, we continue to hear news of lawsuits and deceptive practices. While some companies have abaondoned ship for more lucrative and less volatile waters, others have stayed to defend it. One such company is 180Solutions, more commonly known for their software brand, Zango, since their merger with Hotbar.

The latest news stems from a press release I received yesterday from Steve Stratz, the Director of Public Relations at Zango. It turns out the punitive class action lawsuit that was filed nearly a year ago in federal court in Chicago has been dismissed, with prejudice.

A dismissal ‘with prejudice’ prevents the plaintiff(s) from bringing the same lawsuit against Zango in the future and is a harsh remedy (one granted only in the most egregious cases).

In Zango’s press release Ken McGraw, Zango’s executive vice president, general counsel and chief compliance officer says,

“We are pleased, but frankly not too surprised, by the voluntary, with-prejudice dismissal of the lawsuit by the plantiffs. We have maintained from its inception that this case had no merit. The dismissal vindicates that position.”

And Keith Smith, CEO of Zango, promises to

“continue to execute upon our Content Economy vision of automating and monetizing the ecosystem of content providers, web publishers and online advertisers, while delivering the free entertainment experiences consumers desire and expect.”

This past April, I spoke with Keith Smith about the future of the adware industry. He revealed where he thinks the adware industry is headed and what his company’s role is in that future. To learn why he believes online advertising agencies should continue to consider adware as part of their strategy, read the Future of Adware Industry - Statement from 180solutions.

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