Adscend: McKenna, Facebook case full of ‘false claims’ |
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BUSINESS JOURNAL PHOTO | Anthony Bolante
Washington State Attorney General Rob McKenna (center) speaks at a press conference announcing legal action against Adscend Media at Facebook’s Seattle office while Assistant Attorney General Paula Selis (left) and Facebook General Counsel Ted Ullyot listen.
Delaware-based Adscend Media LLC says it is being wrongly accused of hijacking clicks and "friending" on Facebook as a deceptive means of spreading spam, and the company accused Washington Attorney General Rob McKenna of blindsiding Adscend with the "false claims."
Adscend's response Friday came a day after the company was attacked by Facebook and McKenna as a spam-spreading scourge plaguing social networking sites such as Facebook.
The online ad network is the target of federal lawsuits in Washington and California filed Thursday by Facebook and McKenna (pdf, 27 pages), accusing the company of “clickjacking” on social media websites.
In what Adscend Media itself calls a “strongly worded statement,” Adscend says McKenna’s lawsuit is “deeply troubling.” The company says it plans “a vigorous defense against these false claims.”
Adscend said it complies with state and federal laws and is being falsely accused. The company said it is “undertaking an investigation to determine whether any of Adscend Media’s affiliates engaged in the activity alleged by the Attorney General’s office and Facebook. If they did, we are fully certain that the activity was conducted without the company’s knowledge,” according to a statement.
“We find it deeply troubling that the Attorney General’s office made a public spectacle of these serious allegations without first questioning the company as part of its investigatory process and, even more inexplicably, without notifying the company that the complaint was being filed. Adscend Media first learned of the allegations from media inquiries,” said Adscend attorney Mark J. Rosenberg.
McKenna and Facebook attorneys said Adscend is making $20 million a year by getting people to click on deceptive links that spread spam to their networks of Facebook friends. The goal of their legal action, said prosecutors and Facebook attorneys, is to go after “the head of the snake” and dry up its source of revenue that is encouraging such tactics.
Adscend is an online ad network that works with affiliates to place ads for brands on the internet.
Here is the company’s complete response, emailed to me Friday:
Adscend Media, LLC today vehemently denied the allegations in complaints filed yesterday by the Washington Attorney General’s office and Facebook and characterized them as “absolutely and unequivocally false.”
“At no time did we engage in the activity alleged in the complaints. Adscend Media will provide a vigorous defense against these false claims,” the company said in a strongly worded statement released today.
“Adscend Media strictly complies with its legal obligations under federal and state law. We are undertaking an investigation to determine whether any of Adscend Media’s affiliates engaged in the activity alleged by the Attorney General’s office and Facebook. If they did, we are fully certain that the activity was conducted without the company’s knowledge.” the statement continued.
“If our investigation determines that any affiliate(s) engaged in this improper activity, Adscend will administer its long-standing company policy and immediately terminate the affiliate(s) responsible for these actions – as we have in the past when our internal mechanism has made such discoveries. Adscend Media does not tolerate affiliates that violate the law or Adscend’s policies,” the company further stated.
The company assured that the pending actions will not affect the high quality or continuity of service to Adscend Media clients.
Mark J. Rosenberg, the company’s attorney, said, “We find it deeply troubling that the Attorney General’s office made a public spectacle of these serious allegations without first questioning the company as part of its investigatory process and, even more inexplicably, without notifying the company that the complaint was being filed. Adscend Media first learned of the allegations from media inquiries.”
Rosenberg, of the New York City based firm of Tarter Krinsky & Drogin, continued, “We are disturbed that the Attorney General’s office would allow public resources to be used in an irresponsible manner, particularly when these allegations are absolutely untrue and could do tremendous harm to Adscend Media’s reputation and business. Adscend Media is concerned about the source of these false allegations, and therefore is fully prepared to pursue a defamation action against the persons and entities responsible for tarnishing the reputation of the company.”
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