Microsoft, along with Marchex, is under the gun for using aggressive mobile advertising methods. Microsoft acquired Smart Tonic in 2007. SmartTonic aims to provide all-round spanning ad serving technology to ad management. This all round approach, involving over the top call tracking, has made Center for Digital Democracy very unhappy. Here is a full report:

FTCmobile Complaint - Free Legal Forms

Report specifically singles out Marchex and Smart Tonic. Application developers can also get into legal tangles if they are not careful about the choice of mobile ad network. Smart Tonic customers include heavyweights - MSN Mobile, Orange, Virgin, Digital Spy, and Goal.com, Renault, BMW, Paramount Pictures, EA Games, Coca-Cola, Reuters, and HP.