A Californian company last week promised to stop promoting its ad-blocking software using Internet pop-up ads. San Diego-based D Squared Solutions reportedly used the Messenger function built into Windows to spamvertise its "anti-spam" services. Its cynical marketing tactics caught the attention of regulators the Federal Trade Commission, which instigated a civil case against the two person start-up last year.

Rather than face further expensive litigation, D Squared last week pledged to stop sending pop-up ads. The firm also agreed to stop marketing ad-blocking software and to restrict itself to permission-based marketing. The FTC also has the right to monitor D Squared's business for the next five years.

D Squared's lawyers denied the dynamic duo's ads were unethical, describing them as "annoyances you have to deal with in a free society" and claiming the advertisements were rate capped. Complaints reported to the FTC tell a different story of ads sent as frequently as every 10 minutes prompting users to visit a site where relief can be purchased for $25 to $30.

The case against D Squared is one of the first to consider the legality of pop-up ads. It's unlikely to be the last. ®

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