"There are many cases where there is no notice and consent," Schwartz said. "There are others where there is deceptive notice and consent."
If a company had one relationship with an affiliate that included adware downloads without consent, that would be enough to prompt a complaint over unfair business practices, Schwartz said. "But to have this continually happen is really beyond the pale of what a responsible software company should be doing today."
The CDT has tried to work with 180solutions for about two years in an attempt to get the company to change its business practices, CDT said. While the company delivered on some promises to change its practices, it has not followed through on many other promises, including reining in some of its affiliates, McGuire said.
"Each time we felt as though we had gotten them to address one bad practice, a new bad practice would come to our attention," McGuire said. "What we came to believe ... is that there is sort of a core flaw in their business practices."
CDT next plans to contact advertisers using 180solutions and its affiliates about the company's practices.
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