Intermix Agrees to Settle N.Y. Adware Suit

CALABASAS, Calif. — In a settlement that is expected to send a big message to the online advertising business, Intermix Media Inc. said Tuesday it has agreed to pay $7.5 million to settle a lawsuit brought by N.Y. Attorney General Eliot Spitzer accusing the company of peddling spyware.

The Calabasas, Calif.-based Internet advertising and social networking company admitted no wrongdoing in the settlement with the state of New York; however, it agreed to permanently end distribution of its adware, redirect and toolbar programs.

Under the settlement agreement, Intermix would pay the fine over three years and hire a chief privacy officer.

Intermix, which said it stopped distributing the programs in April, claimed that some of the applications that imbed themselves in users’ computers were left over from the company’s prior business as eUniverse Inc., which was de-listed from the Nasdaq in 2003 because of accounting improprieties.

Spitzer’s lawsuit sought to stop Intermix from secretly distributing the programs and to force it to forfeit illicit gains. It was based on New York’s general business law, which prohibits false advertising and deceptive business practices, and on common law prohibiting trespassing.

The attorney general’s office estimated that more than 3.7 million Intermix programs were downloaded onto the computers of New Yorkers alone and onto tens of millions of PCs in other states. General business law permitted Spitzer to seek penalties of $500 per violation.

Separately, Intermix reported a fourth-quarter loss of $409,000, or a penny a share, on revenue of $24.1 million. The company said it had reserved $6.9 million to cover the Spitzer litigation.

“As previously indicated by the company, distribution of downloadable applications has not been central to current management’s vision for the future of Intermix and was not material to the company’s 2006 forecasts,” the company said in a release.

Intermix stock has taken a beating since the company first disclosed Spitzer’s investigation of its practices, falling more than 50 percent since March.

In midday trading Tuesday, it saw a gain of 42 cents at $6.52 on the American Stock Exchange.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

New AI Companion Platform 'SinfulXAI' Launches

SinfulXAI, a new AI companion platform, has officially launched.

FSC Announces Board of Directors Election Results

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Show More