Eliot Spitzer for President

[abisai]

NY Attorney General Eliot Spitzer takes the intiative. I love this guy and his work. When Wall Street was doing dirty business and the SEC dragged its feet, Spitzer took the initiative... and won... big. He does not have to do this, he can shift the blame and look the other way. Instead he is doing the right things. And often.

And now this: news.yahoo.com/s/ap/20050428/ap_on_hi_te/spitzer_spyware

Spitzer Sues Intermix Over 'Spyware' By MICHAEL GORMLEY, Associated Press Writer

ALBANY, N.Y. - New York Attorney General Eliot Spitzer on Thursday sued a major Internet marketer, claiming the company installed "spyware" and "adware" that secretly install nuisance pop-up advertisements which can slow and crash personal computers.

Shares of the company, Intermix Media Inc. of Los Angeles, fell 55 cents, or 11 percent, to $4.25 in midday trading on the American Stock Exchange.

Spitzer said the suit combats the redirecting of home computer users to unwanted Web sites and its own Web site that includes ads, the adding of unnecessary toolbar items and the delivery of unwanted ads that pop up on computer screens. After a six-month investigation Spitzer concluded the company installed a wide range of advertising software on countless personal computers nationwide.

"Spyware and adware are more than an annoyance," Spitzer said. "These fraudulent programs foul machines, undermine productivity and in many cases frustrate consumers' efforts to remove them from their computers. These issues can serve to be a hindrance to the growth of e-commerce."

An Intermix spokesman didn't immediately respond to a request for comment.

Spitzer's civil suit accuses Intermix of violating state General Business Law provisions against false advertising and deceptive business practices. He also accuses them of trespass under New York common law.

The company is accused of downloading ads and software that directs ads to a computer based on the user's activities. Spitzer's investigators said the downloads then attach to computers, often slowing their operation and crashing the computers as well as interfering with use of the computer through pop-up ads. Often the downloads were made without notice when a user visited a Web site, played a game or accepted a screen saver. Sometimes the user was asked permission through an often vague reference in a lengthy licensing agreement which could be misleading or inaccurate, investigators said.

Spitzer, after taking on Wall Street and the insurance industry, is taking a harder look at Internet companies he feels are stunting the growth of Internet commerce, or e-commerce.

"We are looking across the industry at these practices because it really does go to the core of e-commerce," said Kenneth Dreifach, chief of Spitzer's Internet Bureau, "Increasingly, people don't feel in control."

The advertisers, which include Fortune 500 companies, aren't targeted.

The programs sometimes omitted "un-install" applications and couldn't be removed by most computers' add/remove function, Spitzer said.

More than 3.7 million downloads were made to New Yorkers alone and although there is no national estimate, Spitzer seeks a nationwide resolution of the case.

"When dealing with these types of online practices, effectively you're talking about a nationwide resolution because it's very difficult if not impossible to isolate your practices based on a state," said Assistant Attorney General Justin Brookman.

Dreifach said negotiations with the company didn't result in a settlement. And more cases are possible.

"One of Internet users' biggest frustrations today is unwanted software that sneaks onto computers without their owner's consent and cannot be uninstalled," Ari Schwartz, the Associate Director Center for Democracy and Technology, "The practices alleged in this case are widespread on the Internet."
___
On the Net:
www.oag.state.ny.us
www.intermix.com
___

DKB:
This is fucking great. I never thought of the nuissance as a hindrance to e-Commerce before, but I will agree to that argument if it gets the shit to stop. Fraud, OK. Trespass? Wow. This is interesting. I hope he wins and wins and wins.
ELIOT SPITZER FOR SUPREME DICTATOR OR EVERYTHING

[abisai]

Spitzer strikes again:
story.news.yahoo.com/news?tmpl=story&cid=509&ncid=509&e=1&u=/ap/20050428/ap_on_bi_ge/spitzer_mortgage_discrimination

N.Y.'s Spitzer Probes Mortgage Practices By MICHAEL GORMLEY, Associated Press Writer

ALBANY, N.Y. - New York Attorney General Eliot Spitzer is questioning some of the nation's biggest banks in an investigation of potential discriminatory practices in setting mortgage rates and fees.

"We are looking at the HMDA (Home Mortgage Disclosure Act) data and other information that would help us understand how the loans are being priced and whether or not they are justified by legitimate business practices," said Spitzer spokeswoman Juanita Scarlett.

Citigroup Inc., HSBC Holdings PLC, Wells Fargo & Co., Countrywide Financial Corp., and Norfolk Mortgage were sent letters from Spitzer regarding the companies' loan pricing, according to a source familiar with the investigation in its "early stages." Spitzer also seeks applicants' credit scores, "loan-to-value ratios," and any internal reviews by lenders into ethnic disparities of loan trends, said the source who spoke on the condition of anonymity.

Citigroup spokesman Robert Julavits said: "We briefed the (attorney general's) office on our data last month as a courtesy, and we are working with the AG's staff to provide follow-up information."

"Any individual applying for a loan from Citigroup is considered using the same objective criteria, which are blind to race, ethnicity, gender and any other prohibited basis," he said. "We are a leader in making fairly priced credit more widely available and we appreciate the recognition we have received for our industry-leading best practices.

HSBC spokeswoman Kathleen Young confirmed the company received Spitzer's request and said "we are complying." Wells Fargo spokeswoman Julia Tunis confirmed the company received Spitzer's letter, but said the company doesn't comment on communications from regulators as a matter of policy.

The attorney general will be looking at contentious reports made public under HMDA, which requires financial institutions to collect information on home loans priced above comparable Treasury rates. First-lien loans must be reported if they exceed the Treasury rate by 3 percentage points, and second mortgages by 5 percentage points.

Community groups looking at the data have concluded that African Americans and Hispanics are more likely than whites to get higher cost mortgage loans. These groups also argue that minority families are much more likely than whites to be turned down for mortgages.

The industry has argued that HMDA data can be misleading because it does not take into account all the variables that a financial institution uses to price a loan, including credit scores, the quality of the home, the size of the down payment or the debt-to-income ratios of buyers.

Last year, Spitzer testified to a congressional committee against proposals that mortgage lending be regulated nationally. He argued that states should have a role in protecting consumers from predatory lenders.

[abisai]

In case you think he is slacking at keeping tabs on NYS interests apart from national issues: www.oag.state.ny.us/press/2005/apr/apr25a_05.html

HOME IMPROVEMENT FRAUD TARGETED IN HUDSON VALLEY
Spitzer Takes Legal Action Against Dutchess Co. and Columbia Co. Operators

Attorney General Eliot Spitzer today announced efforts by his office to protect consumers in the Hudson Valley against unscrupulous home improvement contractors.

"My office is committed to taking aggressive action against home improvement contractors who repeatedly victimize New Yorkers through fraud and other illegal acts," Spitzer said.

As part of this effort, Spitzer obtained a restraining order against one Dutchess County home improvement contractor, freezing financial accounts of Brian P. Tyrrell, operator of Tyrrell Construction Corp. and Dura-Crete LLC. In addition, Spitzer’s office served Tyrrell with a lawsuit alleging that Tyrrell engaged in deceptive, fraudulent and illegal business practices and violated New York State’s Home Improvement Contracts Law, Lien Law, and Door-to-Door Sales Protection Act.

Specifically, Spitzer’s lawsuit alleges that Tyrrell demanded large up-front payments for home repair projects and then either failed to complete the jobs or did the work in an unprofessional, shoddy manner. Tyrrell also is charged with failing to return to repair his defective work or refund customers’ money.

For instance, one woman contracted with Tyrrell in May of 2003 for a $71,000 project that included building a two-story addition, remodeling her kitchen and re-shingling her roof. After advancing Tyrrell nearly $24,000, the consumer saw work on the project undergo repeated delays over the next year. As Tyrrell finally made some progress in 2004, she paid him an additional $24,000, despite misgivings due to shoddy workmanship that had caused minor damage to her house. Again, Tyrrell delayed the project and left the consumer’s house open to the elements for an extended period of time, which resulted in serious water damage to the structure. By October 2004, the project was completely abandoned. The consumer eventually was forced to hire a different contractor to finish the job and repair the damage to her home. Her losses for the project totaled nearly $65,000.

According to legal papers, Spitzer’s office has received at least 10 complaints from consumers since 2003 who have lost nearly $109,000 as a result of Tyrrell’s fraudulent and illegal business practices.

Spitzer’s lawsuit seeks a court order barring Tyrrell from the home improvement industry unless he posts a $200,000 performance bond. The lawsuit also seeks a judgment for full restitution for consumers who have filed complaints and civil penalties for Tyrrell’s violations of law.

In a separate case, Spitzer’s office obtained a court order in mid-April against Vincent Van Pinto - owner of DaVinci Homes LLC in Albany County and V.P. Building Corp. in Columbia County - requiring Van Pinto to shut down his home improvement businesses until he posts a $200,000 performance bond.

Justice Christine A. Sproat of Dutchess County State Supreme Court also entered a judgment against Van Pinto for nearly $493,000, which includes over $480,000 for restitution to 19 consumers and $12,000 in penalties and costs. Any additional consumer who files a bona fide complaint on or before July 4, 2005 against Van Pinto and his home improvement companies may be eligible for restitution under the court order.

Individuals wishing to file complaints against Tyrrell or Van Pinto should call the Attorney General’s consumer help line at [phone] or go to his web site at www.oag.state.ny.us.

For tips on hiring a home improvement contractor, consumers are encouraged to visit the Attorney General’s consumer web page at www.oag.state.ny.us/consumer/consumer_issues.html.

These cases are being handled by Assistant Attorney General G. Nicholas Garin of the Poughkeepsie Regional Office.

[Rob G]

Wow, This is guy is fihting the good fight. Vote Nader/Spitzer for 2008

[cheezeboxsius]

how about spitzer now. ;D ;D ;D ;D ;D ;D ;D ;D this guy loves the ladies and apparently they love his $80000 too.