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

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

New Age Verification Service 'BorderAge' Launches

French startup company Needemand has officially launched its subscription-based age verification solution, BorderAge.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Show More