hey appear spontaneously on user screens depending on a variety of user actions. Pop-up ads cannot be ignored. They must be “closed” or their services utilized to go away. Both legal and ethical issues arise from the use of pop-up ads. Their very nature makes them potentially illegal from a copyright and trademark perspective. Ethically, consumers are interrupted in a manner they cannot ignore, despite the ramifications of such actions on their intent. Many times a consumer will be filling out a form and have a pop-up ad interrupt the process to the point where an error is made or the consumer hits an incorrect button. We will now look at the legal and ethical issues involved in pop-ups ads that promise services advertised as “necessary” that dupe consumers into becoming the target of pop-up ads.
From a legal framework, there are a variety of issues involved in pop-up ads that promise software that is necessary to enhance the user experience but are actually solicitations for advertising lists. One legal consideration is the FTA’s prohibition on “unfair or deceptive acts or practices” (Dot Com 3). While the question of the legality of pop-up ads has not been determined, some cases are working their way through the legal system that helps clarify matters. One such case involves Gator Corporation who is being sued by a group of news publishers including The Wall Street Journal for its GAIN pop-up subscription service.
Gator Corporation is a subscription-based service that sells advertising. It offers consumers software program that they download for free. The software promises to enhance the user experience by automatically filling out electronic forms once the consumer enters their personal information. While consumers do receive such a program and service, Gator Corporation adds their personal information to its database or advertising list. Its own software then tracks the individual consumer, keepin...