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AOL sued over ads in e-mail

In lawsuit over ads in his fee-based e-mail service, California man alleges fraud and seeks more than $5 million in damages.

By now, most of us are used to the ads we see in our Web-based e-mail . But if you are paying for the e-mail service, those ads might be extra annoying.

At least one California man thinks so, enough to sue AOL.

Frank Cecchini claims in his lawsuit, filed in federal court in Los Angeles, that he shouldn't have to see any of the "intrusive and misleading" ads that appear as text in the e-mails because he pays $25.90 a month for his service, according to a MediaPost article.

An AOL spokeswoman said the company does not comment on pending litigation. However, she said AOL subscribers can opt out of receiving the ads and the company tells anyone who complains about the ads exactly how to do it.

The lawsuit seeks class-action status and more than $5 million in damages. It alleges fraud, unjust enrichment, and California business code violations.

AOL has been offering free e-mail for the past two years but still sells dial-up subscriptions that include e-mail and other services.