Case 9:19-cv-80431-XXXX Document 1 Entered on FLSD Docket 03/27/2019 Page 1 of 26
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FEDERAL TRADE COMMISSION,
Plaintiff,
v.
OFFICE DEPOT, INC., a corporation, and
SUPPORT.COM, INC., a corporation,
Defendants.
Case No. 9:19-cv-80431
COMPLAINT FOR PERMANENT
INJUNCTION AND OTHER
EQUITABLE RELIEF
Plaintiff, the Federal Trade Commission (“FTC”), for its Complaint alleges:
1. The FTC brings this action under Section 13(b) of the Federal Trade Commission
Act (“FTC Act”), 15 U.S.C. § 53(b), to obtain permanent injunctive relief, rescission or
reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten
monies, and other equitable relief for Defendants’ acts or practices in violation of Section 5(a) of
the FTC Act, 15 U.S.C. § 45(a).
SUMMARY OF THE CASE
1. From at least 2009 to November 2016, Office Depot, Inc. (“Office Depot”), its
subsidiary OfficeMax, Inc. (“OfficeMax”) (collectively, “Office Depot Companies”), and its
tech-support services vendor throughout this time period, Support.com, Inc. (“Support.com”),
made misrepresentations to consumers regarding the security of their computers. Support.com
provided the Office Depot Companies with the “PC Health Check Program,” a software program
designed as a sales tool to convince consumers to purchase diagnostic and repair services.
Defendants advertised the PC Health Check Program to consumers as a free service that
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Case 9:19-cv-80431-XXXX Document 1 Entered on FLSD Docket 03/27/2019 Page 2 of 26
purportedly diagnosed consumers’ computers for security problems and performance issues,
including scanning the computer for viruses.
1. In numerous instances throughout this time period, Defendants used the PC
Health Check Program to report to Office Depot Companies customers that the scan had found
or identified “Malware Symptoms” when it had not done so. Additionally, in numerous
instances, the PC Health Check Program falsely reported to consumers that the program had
found “infections” on the consumer’s computer.
