Facebook Dismisses Adscend Media Suit
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Facebook Dismisses Adscend Media Suit

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Just a day after Performance Marketing Insider learned that the Washington AG was dismissing almost all claims against Adscend Media, we have learned that Facebook has voluntarily dismissed all claims in a corresponding lawsuit. The dismissal comes less than four months after the original lawsuit, filed tandem with the Washington State Attorney General complaint alleging that Adscend used “misleading and deceptive tactics.”

This comes as a form of vindication from Adscend which immediately had protested the lawsuit, claiming that they had nothing to do with the issues, and that Facebook and the AG had not done their homework in investigating the issues involved.  It also is a huge win for the content locking industry, which came under fire because of these lawsuits and a few rogue actors.

Copy of the Dismissal is below, which was dismissed with prejudice meaning that Facebook has agreed that they can not file any additional claims based on this lawsuit in the future.

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Written by Pace Lattin

Pace Lattin is one of the top experts in interactive advertising, affiliate marketing. Pace Lattin is known for his dedication to ethics in marketing, and focus on compliance and fraud in the industry, and has written numerous articles for publications from MediaPost, ClickZ, ADOTAS and his own blogs.

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27 Comments

  • ChrisDean says:

    dismissed? how much came out of Adscends bank account to pull this off…..

  • Chris says:

    I hope Adscend now responds by filing a defamation of character and tortuous business interference counter suite against Facebook and the AG for loss of business.

  • Kif says:

    This case being “dismissed” only means that Adscend likely sold out their own publishers to save themselves. Glad I never ran with them.

  • NoName says:

    @Kif : Most of those guys doing viral scripts on FB were Indian anyways. Good luck doing anything there.

    When will people lean this is a Dog Eat Dog World.
    Crap like this Happens everywhere.

    Welcome to the internet and get used to it..

  • Byrl Lane says:

    Great lesson for those people looking for a company to advertise for them on Facebook.
    Byrl Lane recently posted..Peoria Pedestrian Hit by CarMy Profile

  • not sure what went on in this suit but with results like this i believe somebody got bent over why would anybody promote with fb anyway.?

  • Not making too much money with AscendMedia by the way…
    My favourites were always Maxbounty and Peerfly.
    Let’s see what happen with them ! I’m very curious.
    CPA Cash Flow and Software recently posted..Amazon Commision Automation Completely Automate Your Amazon Affiliate Business – Less than 100 Bucks A Month!My Profile

  • Someone says:

    Congratulations to Adscend for standing up to FB! Someone finally stood up to those bullies! Industry first I believe.

  • Metis The Great says:

    Your REAL publishers know what is actually working, and what generates revenue— So I, as a REAL publisher and probably every other publisher, would like to know what you mean by stronger and stronger Fehz? While considering this hefty lawsuit your company just all the sudden shook off… thoughts-comments? Let’s stick to the REAL issue as is outlined right before you leave comments. “Be nice. Keep it clean. STAY ON TOPIC. No spam.” I mean seriously… attacking this guy publicly while avoiding the actual topic at hand? Seems a bit immature..IMHO Really? –“sorry to break it to you”? ..and then to only focus on one small point, where none of us really care about this guys account or money, rather than defending the more heavier topics–quite the reach there. We are not stupid you know.. well most of us aren’t anyways ;) Also, if you are going to respond with some nonsense that only focuses in the manner in which you just showed us… save it.. I am sure none of us are here for useless arguing.. only interested in the facts I am afraid.

    • Fehzan Ali says:

      It was not an attack – it was simply a request for the publisher ID as I firmly believe the comment was left with mal-intent (and not by a real publisher more importantly). The initial comment in itself is irrelevant. There is no response yet either – waiting.

      By stronger and stronger – I mean just that, Adscend Media has never been stronger than it is today. Our team is growing and expanding, we are working with more and more advertisers and delivering strong results to both advertisers and publishers alike, our technology is being improved, we are working on new technology, etc.

      There is nothing to defend nor is there any arguing taking place. The outcome of our FB lawsuit is clearly stated above – I’ll let the current standing of the company speak for itself. Refer to Jeremy’s comment for more information.

  • Jeremy says:

    It’s truly pathetic that certain competitors of ours continue to engage in such unethical behavior in their war against us. Creating fake comments that suggest that we have publishers on our network actively engaged in the activities that have been alleged; making up claims of having large sums of money withheld or of receiving Cease & Desist orders from Facebook in connection with ongoing conduct. These are all bogus claims, and there is none of this activity on our network, so there could be no Cease & Desist orders warranted. Not to mention that we haven’t turned over any information, so obviously if there are any real publishers receiving C&Ds then it’s entirely due to what you must be doing on other networks (you know, the ones that actually DO allow this type of thing).

    We have seen this type of thing time and again. Clearly the competition knows that they can never be better than us, but that they can be lower than us. There’s no level that they won’t stoop to, be it public slander, DDoS attacks, or theft of trade secrets. But, we’re strong as ever, growing, and have our integrity. You may try but you can’t take that from us because the people that we work with know the truth. And publishers, and the industry, continue to recognize our leadership and superiority.

    Also, readers, you may want to follow the link in the article to the news regarding the AG case. The case is still active, so there obviously has not been a penny paid, yet they voluntarily withdraw 2/3 of their claims. This shows the weakness and falsity of it all.

  • Ryan Gray says:

    The guys over at Adscend are the real deal. Glad to see everything was cleared up!

  • Lucas says:

    I started using Adscend since 2010 and never looked back. They are hands down the best network if you’re looking for real leadership. Jeremy, Fehzan and all the AMs are easy to talk to and they almost always help you out (if you need a payment early, under the threshold for example)when you need it.

    I can second that nothing has changed since the lawsuit, they still have great offers and good EPCs.

    Haters are going to hate because they’re quickly on their way to becoming the #1 CPA network.

  • TylerD says:

    looks like my post about losing my $3K got deleted. Seems like they are focusing more on this $50K guy than me who REALLY got boned by adscend. Blagh, I give up. Keep defending yourself over bullshit posts you probobly posted to start with, in attempts to change the subject.

    hope facebook sues you again

    • Jeremy says:

      @TylerD: If you ever had posted before, it never came through to my email and I’m subscribed to the comments.
      Anyhow, I did look and did find you. Tyler Dean, suspended late last year. Had never earned anywhere near $3k. Try $171. And you were suspended with good cause: 100% of your leads were proxies. (What’s the deal with scammers trying to blame networks for not accepting their fraud? Sigh)

      • TylerD says:

        My name is not at all Tyler Dean, what are you talking about assuming that is me and labeling me as a fruader? Why not ask first if I want my personal information blasted on the internet, for my simply expressing my frustrations for being suspended last year for no good reason.

        is this how your network deals with issues like this? I am sorry to hear Tyler Dean has horrible trafficsources but that is not me. For being the great network you say you are, my pal you are quite stupid. I already tried disputing this wit your company last year and you ended up ignoring me, with this same stupidity we are seeing here.

        as i said i am done with adscend

        • Jeremy says:

          Well, obviously you are done with us, because we banned you lol. And we only have one publisher named Tyler D, who just happens to be suspended. So if you’re not Tyler Dean, and you’re not lying, then you could provide your publisher ID. But yes, if you come to a public space and accuse us of taking your $3,000 then my reply will be public as well.

          Thanks

  • James T Whitfield says:

    I never liked Adscend due to how long it takes to get in touch with anybody.

  • Love how lawsuits in the US is just business as usual. Big business just imposes itself on others to make a quick and easy buck. Its all so messed up. As a publisher I support Adscend Media, they have a great service.

  • R.Franklin says:

    They owe me money as well! since this obviously screams SETTLEMENT, I am curious if they are going to pay me or some of the other publisher I have met our balances since they just closed my account early this year and withheld my balance over 50k. How can you even support these crooks PACE? I mean let’s be real… unless you see a counter suit.. you can pretty much hang your hat on the fact that they settled for a pretty big penny.. it’s why you are broadcasting this and not them. I anxiously await for anyone from AdscendMedia to publicly address their supposed “win” over them… I highly doubt it is the picture your painting this out to be. To support them only discredits you and I for one as a loyal reader will be less apt to read garbage should you continue to back and support scammers and thieves. Beware all publishers as I am sure our info has “mysteriously” been obtained at this point.

  • Fehzan Ali says:

    “R.Franklin” – I have no idea what you are talking about – 50k balance withheld? What was your publisher ID? I’ll go ahead and look into it. My gut feeling is that you are someone with malicious intent making this all up. Our actual publishers know that nothing has been interrupted in the flow of our business since the beginning of the lawsuit – and it’s going to stay that way. In fact, we have only grown stronger and stronger. Sorry to break it to you.

  • Jeremy says:

    I know for sure that nobody has ever had $50k withheld. We obviously do not pay fraudsters when they are found, but that’s simply a bogus number. Good try though.

  • Money Money says:

    Fehzan Ali : “Our actual publishers know that nothing has been interrupted in the flow of our business since the beginning of the lawsuit”

    That isn’t true. you have blocked all publishers traffic that comes from facebook. So saying that nothing been interrupted is wrong.

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