Avanquest ‘Scareware’ Class Action Lawsuit

By Sarah Mirando | August 23, 2012

Category: Legal News

By Matt O’Donnell

Avanquest Fix-It Utilities Avanquest defrauds consumers by selling them “scareware” that falsely claims their computers are infected in order to get them to buy more software, a federal class action lawsuit claims.

At issue in the Avanquest class action lawsuit are two of the company’s software products: Fix-It Utilities and System Suite PC Tune-Up & Repair – both of which are marketed as being able to detect and repair a wide range of PC errors, privacy threats, viruses and other computer problems. Avanquest also promises that the software products increase system startup speeds, optimize PC performance and remove security risks.

“In reality Avanquest’s descriptions of the Scareware’s utility serve as the initial phase of a fraudulent scheme to induce consumers into purchasing its products, and then to convince them into paying ongoing subscription fees to continue using the software,” the class action lawsuit claims.

After installing the so-called “scareware,” users are encouraged to conduct a “diagnostic scan” to assess the condition of their PC. “The scareware then invariably reports, in ominous fashion, that harmful problems are lowering the PC’s condition. The user is then offered the ability to ‘fix’ the PC by removing the errors reported by the Scareware,” the class action lawsuit says.

However, Avanquest “intentionally designed” the software to “always report that a user’s PC needs repair and is afflicted with harmful errors, privacy risks and other problems – regardless of its actual state,” the Avanquest class action lawsuit says.

This is designed to convince the user that the Avanquest software is detecting, reporting and repairing actual errors harming their PC’s performance, thus inducing them into continuing to renew their yearly software subscription.

The Avanquest scareware class action lawsuit is brought on behalf of all individuals and entities in the U.S. that have purchased Fix-It Utilities Professional or System Suite PC Tune-Up & Repair. It is seeking damages and injunctive relief for breach of contract, breach of warranty, fraudulent inducement and violation of California’s Unfair Competition Law.

A copy of the Avanquest Scareware Class Action Lawsuit can be read here.

The case is Benson Worley v. Avanquest North America, Inc., Case No. 12-cv-4391, U.S. District Court, Northern District of California, San Francisco Division. The Plaintiff and proposed Class is represented by Jay Edelson of Edelson McGuire, LLC.