Statement by Adscend Media, LLC Regarding the Settlement with Washington State Attorney General's Office in Facebook Complaint
FOR IMMEDIATE RELEASE
NEW YORK CITY, MAY 9, 2012
Adscend Media, LLC said today that it is pleased by the successful resolution of the action brought against it by the State of Washington regarding Facebook advertising.
The settlement was reached less than one week after the State voluntarily dismissed two-thirds of the claims it had originally asserted against Adscend, and the same day that Adscend was due to file a motion to dismiss the State's sole remaining claim.
In late January, Washington State Attorney General Rob McKenna, who is also a candidate for governor, held a press conference with great fanfare to announce the filing of the action. During the press conference, the State claimed that Adscend earned more than $20 million from the supposed advertising scheme alleged in the State's complaint. Fourteen weeks later, the State's announcement of its $100,000 settlement with Adscend - a far cry from the $20 million figure used at the press conference - came via press release.
The $100,000 settlement is designated to cover legal fees incurred by the State in connection with the action. Furthermore, the settlement expressly states that Adscend Media entered into this settlement without any admission of liability or acknowledgement of any of the issues and facts raised in the State's complaint, according to Adscend Media's New York City based attorney Mark J. Rosenberg of the firm Tarter Krinsky and Drogin.
"The State apparently lost confidence in its case and wanted to quickly bring an end to it. Our contention from the outset was that this case had no merit, and we believe the outcome validates our position," he added.
In a written statement, Adscend said: "Adscend Media, LLC feels vindicated as a result of this settlement. It was our contention from day one that these claims were absolutely and unequivocally false."
The settlement, which is in the form of a consent decree, requires Adscend to comply with CAN-SPAM - something the company and every other entity that sends commercial E-mails is required to do - and to continue its affiliate-monitoring program.
"We have always exerted our best efforts to comply with CAN-SPAM and all of our other legal obligations under Federal and state law. We continue our long-standing company program to monitor the activities of Adscend's affiliates, a program and policy that we implemented well before the commencement of this action," the company said in its written statement.
"Now that this is behind us, we look forward to moving on, growing our business, and providing high quality service that Adscend Media clients have come to expect," the statement concluded.
ABOUT ADSCEND MEDIA... Adscend is a performance-based marketing solution specializing in the monetization of web content and soft and virtual incentives. Adscend is also a traditional affiliate network with publishers marketing via search, E-mail, banner, social, and more. Adscend's service can be utilized for on-site content, as well as integrated into games, virtual worlds and more. #