Sears does disclose that it is installing tracking software, but doesn't do enough to make sure that users have seen these disclosures before they download the program, Edelman said in his analysis.
"The FTC requires that software makers and distributors provide clear, prominent, unavoidable notice of the key terms," he wrote. "SHC's installation of ComScore did nothing of the kind."
In an interview, Harles said that Sears had no immediate plans to change its disclosure policies, but he did say that My SHC Community would undoubtedly evolve in some ways.
This isn't the first time ComScore's software has been in the news. In June, Edelman documented how they company's tracking software was being installed on some PCs without consent.
"Why so many problems for ComScore?" Edelman wrote in his latest blog posting. "The basic challenge is that users don't want ComScore software. ComScore offers users nothing sufficiently valuable to compensate them for the serious privacy invasion ComScore's software entails. There's no good reason why users should share information about their browsing, purchasing, and other online activities. So time and time again, ComScore and its partners resort to trickery (or worse) to get their software onto users' PCs."