Sarah Mirando  |  September 27, 2011

Category: Legal News

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Arpu McAfee Pop-Up Ad Class Action Settlement

By Sarah Pierce

 

McAfeeAnyone who purchased McAfee anti-virus software since 2006 has had to click through an annoying pop-up ad to download the software. A recent class action lawsuit settlement, however, could make the annoyance worth it by providing up to $30 to anyone who was charged for unwanted software after clicking on these ads.

The McAfee class action settlement will resolve a 2010 class action lawsuit, entitled Ferrington v. McAfee, Inc., that alleges McAfee used misleading pop-up ads to transfer credit and billing information to Arpu, Inc. (d/b/a TryandBuy.com).

The lead Plaintiffs in the McAfee pop-up ad class action lawsuit alleged that their debit and credit card accounts had been charged on a monthly basis because of a post-transaction marketing scheme. Immediately prior to downloading McAfee anti-virus software they had purchased, Plaintiffs were presented with a pop-up ad from Arpu, which prompted them to “Try It Now.” Plaintiffs believed that by clicking on the button, they were completing a necessary step to download their McAfee purchased software. They were unaware that clicking through this pop-up screen would result in the purchase of an unwanted software product from a third party called Arpu.

The products advertised in the pop-up ads included, at various times, PerfectSpeed, PerfectDisk, System Mechanic and Search and Recover and others. According to the McAfee pop-up ad class action lawsuit settlement, if you clicked through this pop-up ad, you authorized McAfee to transfer your billing information to Arpu, which then billed you a monthly fee, regardless of whether you downloaded its software product.

Class Members of the McAfee class action settlement include all persons in the U.S. who clicked through a pop-up ad from Arpu at the conclusion of a transaction with McAfee on the McAfee website between April 2006 and August 2011 and whose confidential billing information was transferred by McAfee to Arpu, and who were subsequently charged for the software sold by Arpu in the pop-up ad. (A complete list of the products covered in the Arpu McAfee class action settlement can be found here.)

Under the McAfee pop-up ad settlement, Class Members can choose to receive one of the following benefits:

(1) $5 cash for each month you paid charges in connection with software offered in Arpu’s pop-up ad offered at the conclusion of a transaction on McAfee’s website, up to a maximum of $30 per claim, for those who were billed by Arpu monthly; and/or $5 for each prepaid month, up to a maximum of $30 per claim, for charges billed annually for an annual software license;

-Or-

(2) A software license for the current version of McAfee Family Protection for: (a) six months for Class Members who were billed annually for an annual software license or (b) 12 months for Class Members who demonstrate six months or more of charges paid to Arpu for software.

Approved Claimants will receive one of the class action settlement benefits listed above for each separate software they can prove they paid for. (Your claim will not be paid if you downloaded the Software offered by Arpu or already received a refund for these software charges.)

To submit a valid claim and receive your share of the McAfee pop-up ad class action settlement, you must complete, sign and date a Claim Form either online or postmarked by January 14, 2012. If you do not have proof that you paid for the unwanted software, you can still make a claim, but you must establish your identity by providing an email address and/or street address which matches the records of McAfee and Arpu.

Claim forms and more information on your rights in the Arpu McAfee Pop-Up Ad Class Action Lawsuit Settlement can be found at www.ArpuMcAfeePopUpAd.info.

 
Detailed information about how to submit a valid claim form and claim up to $30 cash or free McAfee software can be found in our Open Lawsuit Settlements section.

 

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Updated September 27th, 2011

 

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