An interesting variation on the “membership drive” and one that’s gotten Tagged in hot water with New York Attorney General Andrew M. Cuomo, who intends to sue the company “for deceptive e-mail marketing practices and invasion of privacy.”

“This company stole the address books and identities of millions of people,” Cuomo said in a statement. “Consumers had their privacy invaded and were forced into the embarrassing position of having to apologize to all their e-mail contacts for Tagged’s unethical–and illegal–behavior. This very virulent form of spam is the online equivalent of breaking into a home, stealing address books and sending phony mail to all of an individual’s personal contacts. We would never accept this behavior in the real world, and we cannot accept it online.”

Tagged, for its part, claims this is all just a big misunderstanding. In a statement of its own, the company denied abusing its users’ personal address books, saying, essentially, it had their consent to do so.

“When our company tested a new registration process, we discovered that our ‘invite your friends’ language was confusing,” said Tagged CEO Greg Tseng. “…In no instance did Tagged access a person’s personal address book without their consent and no emails were sent without the person giving us permission. We realize that some were confused and accidentally agreed to invite their friends.”

Oh, and next time you register for a social network, be sure to read its Terms of Service–especially the portions that are presented in ALL CAPS. They might be important. From Tagged’s Terms of Service:

“E) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM TAGGED, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY TAGGED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.”

An interesting variation on the “membership drive” and one that’s gotten Tagged in hot water with New York Attorney General Andrew M. Cuomo, who intends to sue the company “for deceptive e-mail marketing practices and invasion of privacy.”

“This company stole the address books and identities of millions of people,” Cuomo said in a statement. “Consumers had their privacy invaded and were forced into the embarrassing position of having to apologize to all their e-mail contacts for Tagged’s unethical–and illegal–behavior. This very virulent form of spam is the online equivalent of breaking into a home, stealing address books and sending phony mail to all of an individual’s personal contacts. We would never accept this behavior in the real world, and we cannot accept it online.”

Tagged, for its part, claims this is all just a big misunderstanding. In a statement of its own, the company denied abusing its users’ personal address books, saying, essentially, it had their consent to do so.

“When our company tested a new registration process, we discovered that our ‘invite your friends’ language was confusing,” said Tagged CEO Greg Tseng. “…In no instance did Tagged access a person’s personal address book without their consent and no emails were sent without the person giving us permission. We realize that some were confused and accidentally agreed to invite their friends.”

Oh, and next time you register for a social network, be sure to read its Terms of Service–especially the portions that are presented in ALL CAPS. They might be important. From Tagged’s Terms of Service:

“E) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM TAGGED, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY TAGGED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.”

You know the ones I’m talking about, I’m sure. They’ve been occurring since 2007 and go something like this: “This is the second notice that the factory warranty on your vehicle is about to expire.” Hang up and the machine calls you again later. Transfer to a “warranty specialist” and ask to be taken off the call list and you’re either hung up on or, in my case, given an 800 number to call that turns out to be a phone sex line.

In complaints filed in United States District Court in Chicago, the agency accuses telemarketer Voice Touch and warranty outfit Transcontinental Warranty of deceptive sales practices and violating telemarketing rules with their relentless prerecorded sales pitches for extended vehicle warranties. Among the companies’ numerous violations: dialing every number in a given area code, including those listed in the National Do Not Call Registry; robocalling 911 emergency centers; regularly spoofing call recipients by transmitting phony Caller ID information so that call they can’t identify the originating number; and pressuring consumers into purchasing bogus extended service contracts for their cars.

“This is one of the most aggressive telemarketing schemes the FTC has ever encountered,” chairman Jon Leibowitz said in a statement. “I’m not sure which is worse, the abusive telemarketing tactics of these companies or the way they try to deceive people once they get them on the phone.”

Right on. One question though: If this is the most aggressive telemarketing scheme the FTC has ever encountered, why did it take the agency two years and 30,000 complaints to finally jump into action?

Anyway…

The FTC has asked for temporary restraining orders to halt the illegal robocalls, an asset freeze on both defendants and a permanent injunction that would force them to disgorge their ill-gotten gains.

UPDATE: A federal judge has issued temporary restraining orders against the companies halting their “robo-dialer harassment.” He has also frozen their assets until a May 29 hearing on the FTC’s request for a preliminary injunction.