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SettlementLow Risk

NJ AG and FTC Settle with Equiliv Investments Over Crypto Mining Malware

Equiliv Investments and Ryan RammingerJune 29, 2015New Jersey Attorney General

Penalty Amount

$5,200

Summary

The New Jersey Attorney General and FTC settled with app developer Equiliv Investments and Ryan Ramminger for distributing the Prized app that contained malware to mine cryptocurrency without user consent. The settlement prohibits such activities, requires record-keeping for 20 years, and imposes a $5,200 penalty with an additional $44,800 suspended.

Remedy

Defendants are prohibited from marketing or selling malware products and from making misrepresentations in software sales. They must provide financial, personnel, and other records to authorities for 20 years and pay $5,200, with an additional $44,800 suspended pending compliance.

InjunctionAudit RequirementMonetary Penalty

Contract Impact

In-house legal teams should review vendor agreements with app developers and third-party distributors (e.g., Google Play, Amazon Appstore), as well as customer-facing Terms of Service and End User License Agreements (EULAs). Key clauses to scrutinize include explicit prohibitions against malware or unauthorized software, requirements for affirmative user consent before executing resource-intensive processes (like cryptocurrency mining), warranties related to device performance and data usage, and compliance obligations with major app store policies. Contracts may need amendments to ban covert cryptocurrency mining, mandate transparent disclosure of battery/data impacts, and incorporate robust audit and record-keeping provisions to enforce compliance, mirroring the 20-year reporting requirement in this settlement.

Contract Search Terms

malware prohibition clauseuser consent for resource-intensive processesdata usage and device performance warrantiesthird-party app store compliancecryptocurrency mining restrictionsrecord-keeping requirementsbreach notification clausesecurity audit rightspenalty and suspended payment terms

Laws Cited

Federal Trade Commission ActNew Jersey Consumer Fraud Act

Violation Types

Entity Details

Entity

Equiliv Investments and Ryan Ramminger

Also known as: Equiliv Investments

Industry

Technology

Official Sources

Source Evidence

Entity Name
"the defendants in this matter, Ohio-based app developer Equiliv Investments and Ryan Ramminger"
Fine Amount
"must pay $5,200 to reimburse the State of New Jersey’s investigative and legal costs."
Laws Cited
"violations of the Federal Trade Commission Act and New Jersey’s Consumer Fraud Act."
Violation Types
"consumers who downloaded Prized onto their devices were also unwittingly downloading malicious software that infected their devices and caused them to “mine” for virtual currencies"

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