Customers Sue ISP For Installing NebuAd 'Spyware,' Offering Defective Opt-Outs

Two Embarq customers have filed a new privacy lawsuit against the Internet service provider for allegedly funneling information about their Web activity to defunct behavioral targeting company NebuAd.

The new lawsuit, by Kathleen Kirch and Terry Kirch, alleges that Embarq installed "spyware" devices from NebuAd without providing adequate notice. "Offering its users little warning and no choice, defendants merely amended their online privacy policy with misleading information," they allege in a complaint filed by the law firm KamberLaw. The Kirches are seeking class-action status. Embarq was one of six ISPs that allowed NebuAd to use deep packet inspection technology in 2007 and 2008 to monitor subscribers' Web activity and serve targeted ads based on the data collected. The subscribers allege that Embarq's arrangement with NebuAd violated their privacy because it marked an "intrusion upon the solitude and seclusion of users' private affairs that would be highly offensive and objectionable to a reasonable person." The lawsuit also alleges that Embarq violated a federal wiretap law and an anti-hacking law.