Internet and Class Action Law Blog
Direct Revenue has settled another case relating to allegations that it improperly downloaded its software onto computers. This case was brought on behalf of California residents. A copy of the proposed settlement agreement is available here
The funny thing about this settlement is that it copies (almost word for word, although there are some changes) the injunctive relief obtained in the Illinois case that my law firm brought. In other words, the California plaintiffs obtained very little benefit to consumers beyond that which Direct Revenue was already required to do as a result of the Illinois settlement. The California plaintiffs would likely point out that this allows the injunctive relief to apply to California residents and not just Illinois residents. However, the nature of the relief obtained (i.e., primarily the way software is downloaded on the Internet) is not likely to change from state to state.