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Fwederal Trade Comm'n v. Jesta Digital, No. 1:13-cv-01272 (D.D.C. Aug. 20, 2013), Complaint.
According to the complaint's allegations, some consumers saw banner ads on their mobile devices that falsely claimed a virus had been detected. Clicking on the ad led to a screen with a button stating "Get Now" above the phrase "Protect your Android [phone] today." Consumers who clicked "Get Now," and then a button on a subsequent page marked "Subscribe," were then subscribed to the $9.99 per month ringtone subscription plan, though the nature and cost of the subscription were never adequately disclosed. Indeed, some consumers were subscribed even if they clicked on parts of the screen other than the "subscribe" button.
Moreover, if consumers actually attempted to subscribe and download Jesta's so-called anti-virus software to their mobile devices, the download often failed. Jesta used a process known as WAP or Wireless Access Protocol billing, which captures consumers' phone numbers from a mobile device, to obtain consumers' purported authorization for the charges. Thus, consumers never even entered their phone number prior to being billed.
- ↑ WAP opt-in involves consumers responding to an offer displayed on the mobile web by clicking on a confirmation button from the phone two separate times. This process captures the consumer's phone number without the need for the consumer to enter it manually.