Behavioral ad technology provider Zango, formerly known as 180solutions, has been dodging allegations that its services are spyware-oriented since 2002, when 180solutions began distributing its Search Assistant software. In September 2005, computer user Logan Simios said that 180solutions software was installed on his computer without his consent and brought a class action suit against 180solutions, alleging that 180 tricked users into installing its software, made its software deliberately difficult to uninstall, and violated several computer abuse laws.
In a major victory for Zango, a federal judge dismissed the suit today with prejudice, meaning the plaintiffs can’t bring the same suit against Zango in the future. “We are pleased, but frankly not too surprised, by the voluntary, with- prejudice dismissal of the lawsuit by the plaintiffs,” said Ken McGraw, Zango’s EVP and general counsel in a statement. “We have maintained from its inception that this case had no merit. The dismissal vindicates that position.”
Keith Smith, CEO of Zango referred to critics of the Zango search software as “background noise.” Zango estimates they have about 20 million users, all of whom would’ve been included in the class.