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20-May-2020 13:19

The screen’s small size further adds to user confusion: At just 485 by 295 pixels, the window doesn’t have room to explain the material effects of Zango’s software, even with Zango’s extra-small font.(In Zango’s main disclosure, capital letters are just seven pixels tall.) Furthermore, a user seeking to read Zango’s EULA (as embedded in these installation screens) faces a remarkable challenge: The 3,033 word document is shown in a box just five lines tall, therefore requiring fully 53 on-screen pages to view in full.In particular, the disclosure fails to explain that users’ behavior will be to Zango, a fact that would influence reasonable users’ decision to install Zango.In addition, Zango’s description of its toolbar omits important, material effects of the toolbar — namely, that the toolbar will show distracting animated ads.The FTC’s Policy Statement on Deception, holds that a material fact is one "likely to affect the consumer’s conduct or decision with regard to a product or service." From our analysis of Zango’s software, we think Zango has two material features — two features particularly likely to affect a reasonable user’s decision to install (or not install) Zango software.First, users must know that Zango will give them extra pop-up ads — not just "advertisements," but pop-ups that appear in separate, freestanding windows.A more appropriate installation sequence would use a standard format users better understand (e.g.

These improper practices remain remarkably easy to find, and we have numerous additional recent examples on file.Zango’s installer appears Windows Media Player — a context where few users will expect to be on the lookout for unwanted advertising software, particularly when users had merely sought to watch a video, not to install any software whatsoever.