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 © 2026 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

Supreme Court Rejects Trump Tariffs

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Cherie DeVille Joins Woodhull Freedom Foundation 'Free Speech' Panel

Multi-XMAs winner Cherie DeVille will join the upcoming Woodhull Freedom Foundation panel series "Fact Checked by Woodhull," addressing free speech on Feb. 26.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Pineapple Support Introduces 'Wellbeing by PS' Service

Pineapple Support has debuted its new Wellbeing by PS service, providing mental health support packages for companies and agencies.

MyMember.site Integrates Bluesky Functionality

MyMember.site has added Bluesky features to its website management platform.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

SWR Data Publishes 'Clip Trend' Report

Adult industry market research firm SWR Data has published a report on clip platform performance and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

Show More