McAfee, a household name for computer virus-protection, is facing accusations it dupes customers into purchasing third-party services, and hands over consumer banking information to enable those transactions.

A proposed federal class action in San Francisco claims that, once McAfee customers purchase McAfee software online, a pop-up appears even before the McAfee download begins.

"The pop-up, mimicking the look of the other pages on the McAfee site, thanks the customer for purchasing McAfee software, and prompts McAfee's customers to click a red button to 'Try it Now,'" the lawsuit alleges. "The pop-up contains no obvious visual cues or conspicuous text indicating that it is an advertisement for another product, or that clicking on 'Try it Now' will lead not to the delivery of the McAfee product but rather to the purchase of a completely different product" (.pdf).

The unfair-business practices lawsuit comes as McAfee and rival Symantec are accused in a New York federal court of automatically renewing antivirus software subscriptions absent customer consent.

The San Francisco federal lawsuit points out that McAfee's recent Form 10K filing says McAfee delivers "proactive and proven solutions and services that help secure systems and networks around the world, allowing users to safely connect to the internet, browse and shop the web more securely."

The lawsuit, which seeks unspecified damages, alleges that McAfee consumers are duped into purchasing a $4.95 monthly subscription to Arpu, an advertising company enabling consumers to make purchases from an online ad with a single click using credit card information already on file.

"Customers are deceived by the McAfee-Arpu pop-up and believe that they are simply completing a necessary step to download McAfee software after their purchase," the suit claims. "But a single click on the deceptive pop-up causes the purchase of an unwanted product from Arpu, a sale made without the knowledge or authorization of customers, using credit/debit card billing information that they have entrusted solely to McAfee."

The suit says "nearly illegible" gray, 6-point type on the pop-up instructs consumers that they are authorizing their credit card with Arpu and that "information regarding the price of the $4.95 a month is set forth in nearly illegible blue, 8-point type set against a blue background."

Spokesman Ian Bain said McAfee, based in Santa Clara, California, had just received the lawsuit and was not immediately prepared to comment.

Photo: cpchannel/Flickr

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