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“Free Software CD” Internet Operation Settles FTC Charges

Defendants who allegedly offered “free” software CDs that weren’t free, and billed unsuspecting consumers for a software continuity program they didn’t know they were enrolled in, have agreed to settle FTC charges that their practices violated federal law. The settlement bars the illegal practices in the future and requires the defendants to give up more than $2 million for consumer redress. In January 2007, the FTC charged that the defendants’ Web site offered consumers a free CD containing computer software if they agreed to pay a shipping and handling fee of $1.99 to $2.99. Consumers provided their names and addresses to receive the CD and a credit or debit card number to cover postage and handling. Consumers who signed up for the free CD were then offered three more free software CDs with no additional shipping or handling fees. Before they completed the transaction, they checked a box saying they agreed to the “terms of use.” The “terms of use” detailed computer software licens...