"trader_4" wrote in message
...
On Saturday, August 23, 2014 10:25:28 AM UTC-4, dadiOH wrote:
"trader_4" wrote in message





Yes, good job! I agree that's almost certainly what HB's experience is

all about. And clearly she should complain to AVAST, citing those

excellent links you provided. And I agree that AVAST shares some

responsibility in this. It would be interesting to know what the exact

relationship is between AVAST and iYogi, ie is AVAST paying iYogi or is

iYogi doing it for free in return for being able to sign up paid

customers, or is iYogi paying AVAST.



To my mind, the only relationship between avast and iYogi that matters is

that avast - the principal - agreed to let iYogi function as their agent.

Principals are always responsible for their agents' actions regardless of

the financial arangements between them.




I tend to agree, but the devil is always in the details. The question
would be was iYogi really the agent for Avast for whatever product HB
was seeking support? Suppose I have a free product, like the free
versions
of Avast, that have no support? Let's say I put on their website that
I don't offer support for that product, but you can buy support at XYZ,
phone #, etc. And then it turns out that XYZ commits a fraud. Am I still
liable?

At the other end of the spectrum, Avast makes it look like they are
offering
the support themselves, while farming it out. In that case, I think we
agree that Avast is on the hook. And from the link to what is still on
Avast, it sure looks like this is in fact what is really going on.

But, the real problem is, other than appealing to Avast and hoping to
get lucky, IDK how HB can recover. What those articles show is that there
is some unethical dishonest stuff going on, but it doesn't prove it
happened
to HB. And even if you wanted to pursue it, not clear how an individual
can.
She could appeal to her credit card company, that's worth a try and is
easy.
But problem could be if too much time has passed, they may not be willing
to
do anything. She can file with the FTC and if they decide to do something
she might participate in a settlement. But again, given that both
companies
involved are foreign, I doubt there is much chance of recovery.

Depends on the state (some states have deceptive trade practices laws on the
books. Texas has one with real teeth even the insurance companies are
afraid of it).

In the end it comes down to the rule of deep pockets. Regardless since the
company sells in the USA there has to be a point of presence whet the court
can seize assets. BTDT