Pornographic Pop-up Ads

Attorney General Abbott Protects Consumers, Children from Unsolicited Pornographic Online Pop-Up Ads

New Jersey, Georgia companies to stop deceptive billings, services to consumers
AUSTIN - Just days after suing one of the world’s worst email spammers, Texas Attorney General Greg Abbott today filed an agreed judgment to protect consumers from being billed for unsolicited online pornography and other material.

Alyon Technologies, of New Jersey, Telconnect Inc., of Georgia, and owner Stephane Touboul – which provide computer, billing and collection services for video text services, including adult-content Web sites – agreed to cease operating in a manner that results in uncontrollable pop-up advertisements for fees.

View State's final agreed judgment and consent decree in the case (PDF)

These pop-up ads appeared on consumers’ computers without warning, and the companies billed consumers for accessing the information. Many consumers did not even realize they had accessed the material but were billed for it, and some parents reported their children being exposed to pornographic sites.

“Unsolicited online pornography, like spam, is a menace that must be stopped,” said Attorney General Abbott. “Today’s judgment protects consumers from being assaulted by unwelcome adult pop-up ads and gives parents the assurance that their children cannot access pornographic content without their knowledge. Online consumers deserve the same level of protections that other consumers expect, and this action shows that scam artists can no longer hide behind their computer screens.”

Alyon and Telconnect deny any wrongdoing, but agreed to clearly disclose all terms and conditions of the products or services sold to consumers, according to the agreed final judgment and consent decree with Texas, several other states and the Federal Trade Commission. Full credit or refunds will be given those consumers who filed billing inquiries with the company on or before Jan. 15, 2004, and a dispute resolution process will be available to those who received bills after that date but neglected to send the company an inquiry. The company must also correct any adverse credit information generated against consumers who filed billing inquiries.

In addition, consumers who now seek the company’s services will be required to provide uniquely identifying information, such as a portion of their social security number, to avoid unauthorized purchases or access by children.

During the investigation – and prior to suing in May 2003 – the Attorney General found that the company’s numerous pop-up ads invading a user’s computer would trigger unauthorized downloads of Alyon’s modem dialer software into the computer. The dialer, in turn, would force the computer to connect to a New Jersey phone number operated by the company. Alyon charged consumers $4.99 for the call, plus long-distance fees. Consumers reported receiving bills ranging from $100 to $700.

updated: 05/14/2008