Washington Attorney General Fines California Man for Spyware Law Violations

Washington State Office of the Attorney General, Dec 11, 2007

SEATTLE – Washington State Attorney General Rob McKenna announced a settlement with one of three California-based Internet affiliate advertisers accused of violating the state’s consumer protection and spyware laws. HoanVinh V. Nguyenphuoc, owner of FixWinReg, sent anonymous “Net Send” messages to consumers’ computers that simulated security warnings but were actually ads for registry-cleaner software, according to documents filed today in King County Superior Court.

“Affiliate marketers and online merchants have enjoyed a certain level of anonymity, but they aren’t out of our reach,” McKenna said. “We’ve repeatedly proven that we will hold Internet companies accountable for violating our consumer protection and spyware laws.

“Internet advertisers must follow the same rules which apply to businesses that promote their products through TV, radio or print,” McKenna continued. “They must be truthful about any claims concerning a product’s cost or performance. Inducing a computer user to download software by falsely claiming the program is necessary for security purposes is unethical and illegal.”

The Attorney General’s Consumer Protection High-Tech Unit sued Nguyenphuoc, of Redondo Beach, Calif., and others in February 2007 for allegedly marketing registry-cleaner programs through the use of Net Send messages and deceptive free scans and for transmitting bundled software that changes Internet browser home pages.

Civil charges are still pending against Secure Links Networks LLC and CEO Manuel Corona, Jr., of Brea, and NJC Softwares LCC and company officer Rudy O. Corella, of Lake Elsinore. The state alleges they worked together to market each other’s products, including Registry Sweeper Pro, Registry Rinse, Registry Doc, Registry Cleaner 32 and Registry Cleaner Pro.

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