(Other lawsuit related documents and press releases can be found here.)

$45M spam lawsuit against ValueClick underscores liability of advertisers

Menlo Park, Calif. - April 8, 2008 -- ValueClick, Inc. (NASDQ: VLCK) was served today with a lawsuit alleging violations of California anti-spam laws filed in California Superior Court, Los Angeles County, in Van Nuys, California. The lawsuit seeks injunctive relief and statutory damages of $45 million.

The suit alleges that the Defendants use spam email advertisements with fraudulent and misleading headers, often to randomly generated, harvested or stolen email addresses. Further, many of the emails use deceptive offers of "free" products that in reality impose costs and other obligations on the consumer, and are linked to lead generation for third party advertisers.

The international law firm of Steptoe & Johnson, LLP filed the suit on behalf of Hypertouch, Inc., a small Internet service provider (ISP) in Menlo Park, California, for flooding the ISP's customers with more than 45,000 unsolicited email advertisements. Co-defendants in the lawsuit include four of ValueClick's subsidiaries that also use spam with with fraudulent and misleading headers: E-Babylon, Inc., Hi-Speed Media, VC E-Commerce Solutions, Inc., WebClients, Inc., and along Kowabunga!, Inc. d/b/a PrimaryAds.com, for violation of California Business & Professions Code 17529.5 and 17200 et seq.

Anyone who has information about the email marketing, lead generation and/or other business practices of ValueClick or its subsidiaries is invited to contact Hypertouch and its Steptoe legal team at valueclicklawsuit@hypertouch.com or via telephone at 650-456-3367.

Full details and ongoing updates are available at http://legal.hypertouch.com.


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Hypertouch Inc. servers are located in the states of California and Maryland which have a number of laws prohibiting spam...