Conversant, Inc.

Agency: Federal Trade Commission (FTC)Los Angele
Description: On March 17, 2008, this company and two of its subsidiaries (hereinafter referred to as “ValueClick”) entered into a Stipulated Final Judgment with the Federal Trade Commission, (“FTC”) to settle allegations that its advertising claims and e-mails were deceptive and violated federal law. The Settlement, filed by the Department of Justice on behalf of the FTC, requires ValueClick to clearly and conspicuously disclose the costs and obligations consumers must incur to receive the products it touts as “free” and bars future violations of the CAN-SPAM Act and the FTC Act. In addition, the Settlement bars deceptive claims about the security of the consumer information collected at its e-commerce Web sites and requires ValueClick to develop and maintain a comprehensive information security program that is reasonably designed to protect the security, confidentiality and integrity of personal information collected from or about consumers.

The order requires ValueClick to establish and maintain a comprehensive security program, and obtain independent third-party assessments of their programs, for 20 years. ValueClick agreed to a $2.9 million civil penalty to settle the dispute with the FTC. The Settlement does not constitute an admission by Defendants or a finding that the law has been violated as alleged in the FTC’s Complaint or that the facts alleged in the Complaint, other than jurisdictional facts, are true, and, in fact ValueClick specifically denies violating the FTC Act, the CAN-SPAM Act or any other law or regulation.
Date of Action: 3/17/2008