g track of purchases, preferences and other information. Based on this information, Gator marks the consumer for specific pop-up ads based on its advertiser list. When consumers visit a particular site or open a particular email, they are automatically hit with a pop-up ad for one of Gator’s advertisers. This kind of advertising appears to violate the FTC Act’s prohibition on unfair or deceptive acts or practices. Consumers are never informed they are being placed on such a list when they are offered the free software that will allegedly enhance their online experience. Instead, their online experience suffers from downloading the software. As Isenberg notes, “Users have grown to detest and ignore pop-up ads, leading some sites to shun them altogether” (3-4).
The illegality of pop-up ads seems apparent if they promise one thing and deliver quite another. Legal guidelines for advertising on the Internet have been adapted from the U.S.
...