ValueClick (VCLK) Settles FTC Investigation For 2.9 Million

by Jeremy Schoemaker on February 13, 2008 · 21 comments

Commission Junction’s parent company, ValueClick, who has been under investigation by the FTC for quite a while announced today they are settling the suit for 2.9 Million Dollars.

This is the 4th Affiliate company I have heard of to settle for a nice chunk of cash in the last 4 months. All of these have been to government agencies for deceptive marketing practices and their are many open investigations that will be settling in the months to follow.

AzoogleAds Settled for 1m last November – I asked the CEO of AzoogleAds about the incident on my radio show a couple weeks ago.

Aderactive settled for $650,000 last November also. They were being investigated for there “free gift” websites. It seems this low settlement number is only because the company was broke.

$650,000 civil settlement is a very light slap on the wrist given the volume of past complaints, we believe the company’s current financial condition influenced the size of that settlement with the FTC.

World Avenue aka “The Useful” settled with the FAG (Florida attorney general office) for 1M less then 1 month ago for very similar deceptive marketing practices.

Now that there is money blood in the water I expect 2008 to be a big year for government agencies.

Is this actually getting anything accomplished or are government agencies just cashing in on the affiliate industry?

About the author...

– who has written 2416 posts on ShoeMoney.com.

Hi I am Jeremy Schoemaker and ShoeMoney.com is my blog. 99% of the post here are done by me but you will see others occasionally make guest posts. This blog is fun to write but for my day job I run several online companies.

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{ 21 comments… read them below or add one }

1 Start Blogging February 13, 2008 at 5:03 pm

To your question, I believe it’s the latter. Tsk tsk.

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2 Chad Frederiksen February 13, 2008 at 5:50 pm

The possibility of losing money to big payouts like this is only thing that will force affiliate companies to finally start cleaning up their acts and ban shady affiliates/offers. That can only be a good thing for our industry IMHO.

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3 Silvano February 13, 2008 at 5:58 pm

What doesnt the government want to cash in on these days? But Chad is right, it should make shady deals and offerings less ambiguous.

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4 Video Blog February 13, 2008 at 6:34 pm

well, unless the companies really went overboard, sounds like gov’t is just cashing in.

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5 Hood Workout February 13, 2008 at 6:44 pm

agreed.

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6 Sam Harrelson February 13, 2008 at 6:53 pm

The settlement was in regards to the practices of Hi-Speed Media, which is/was an email publisher, not really an “affiliate company” like VC’s Commission Junction.

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7 michael webster February 13, 2008 at 7:13 pm

1. These fines have been the result of informal investigations. Lawsuits by the FTC would have resulted in larger fines.

2. Certain standards have been agreed upon, which were not published. This is not particularly helpful.

Bottom line: the affiliate marketing industry had better self regulate quickly, otherwise the FTC will use section 5 to litigate the industry to death. Have you heard of the FTC ehavioral (not misspelled) program?

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8 Nicholas James February 13, 2008 at 7:20 pm

Hmm….looks like a payoff is a nice way for these companies to get out of bein investigated ;)

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9 Zak Show February 13, 2008 at 8:02 pm

Well, your right ! Im totally agree with you this time too.

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10 Ryan J. Parker February 13, 2008 at 8:07 pm

Well someone has to pay for that war in Iraq.

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11 Mitchell Blatt February 13, 2008 at 9:27 pm

Only problem is they might have lower payouts if they aren’t allowed to scam as much.

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12 Affiliate Confession February 13, 2008 at 9:46 pm

The government just takes, they don’t give. Somebody has to pay the big salaries and retirement plans for our reps.

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13 Flash Gamer February 13, 2008 at 10:15 pm

I think the government is acting like its trying to clean up the industry, but the real reason is to add more cash flow to fill in the gaps for them wasting money in other places. No good reason for this.

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14 RacerX February 13, 2008 at 10:49 pm

That’s an interesting perspective…I would rather not burn my customers :)

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15 RacerX February 13, 2008 at 10:51 pm

…No more shooting basketballs with monkeys dressed like Leo? Oh man…I just needed two more ducks..

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16 Simlock verwijderen February 14, 2008 at 9:23 am

2,9 million, low bid:P

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17 Gadfly February 14, 2008 at 9:34 am

I was talking to a guy who worked for ValueClick and he was telling me that they have had some, um, problems with executives and stock option compensation. Still, CJ has way more legitimate businesses than you see in your average CPA network. The question you must ask yourself is: if CPA networks could sell crack to schoolchildren and get away with it, would they? It’s sad to see affiliates that will promote anything for money regardless of what it is. Truly pimping to the lowest common denominator. If the government has to go in and clean out the rot, then so be it. It happens in every other industry.

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18 Paul February 14, 2008 at 10:40 am

I can’t believe how much money these companies are making. Is there an ad company that isn’t getting sued? Which one is the best to use? By best I mean one not being sued.

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19 Nicholas James February 15, 2008 at 3:33 pm

They are all getting sued eventually, but they don’t care they just pay off a couple hundred thousand and keep going as they were ;)

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20 ng30345 February 19, 2008 at 7:52 am

If the government if pulling in the money off of unscrupulous marketers, then good for them. I’m sick of people always trying to take advantage of others.

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21 Google Adwords Professional February 24, 2008 at 3:03 pm

The article said it was in violation of a SPAM law. I had no idea CJ did any email. I thought they were affiliate programs only.

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