[ncdnhc-discuss] Class Action Lawsuit Information

Jim Fleming jfleming at anet.com
Wed Nov 14 16:42:50 CET 2001


http://www.opensrs.org/archives/discuss-list/0111/0669.html
Information needed for class action lawsuit against Verisign/Network
Solutions
---
On behalf of two clients, Ademi & O'Reilly, Attorneys at Law, are
investigating the practices of Network Solutions.  It appears that Network
Solutions and its parent company, Verisign, may be engaging in
anticompetitive behavior, in refusing to release domain names to the general
public, and in refusing to transfer domain server services to competitors.
(The latter happened to us, promtping our interest in this issue.) Our
impression is that Network Solutions has created unreasonable and
unjustified obstacles to allowing transfers of services to maintain market
share in the face of its loss of a legal monopoly.
We would like the chance to discuss your experiences with Network Solutions.
We think that many Network Solutions customers are entitled to some sort of
refund, but we need to document how wide spread the problem is, and all of
the factual variations involved.  We would certainly appreciate your help.
Robert O'Reilly, Esq.
Ademi & O'Reilly
Roreilly at ticon.net
(414) 671-1000 tel
(866) 264-3995 toll free
---
Thank you for your email.  I have in fact made substantial progress
towards a suit against Network Solutions/Verisign, although I am
still investigating at this point.  I could certainly use your help
and front line experience.
The following are, I believe, all practices of Verisign.  Please
confirm any you have knowledge of, and even more importantly, please
alert as to any policies I may have missed:
1.  Verisign does not pay pro rata rebates for unused portions of
domain name registrations, when the site is transferred away.
However, Verisign does receive another $6.00 after the transfer as
Registry from the Registrar.
2.  Verisign refuses to transfer domain names if the term of the
Registration is expired.
3.  If the term  of the Registration is expired, then Verisign, and
only Verisign, can remove the site from the pending deletion status
and reactivate it.  This is true until the site is finally deleted
and returned to the public domain.
4.  Verisign requires the registrant to confirm a transfer request
within 36 hours of its email, or the process must reinitiated by the
Registrant through the gaining Registrar.
5.  Verisign refused to honor transfer requests received five days or
less before the end of a registration period.  The Registrant must
pay Verisign for another full year term, and must wait 60 days before
again seeking to transfer the site.
6.  Verisign's renewal billing asks for seventy dollars, with no
mention of a discount (available to new users on their website), and
no stated option for a one year renewal.
If you have any more policies, or can confirm any of these, please let me
know.
---
I have had some success in my investigation against Network
Solutions.  I think that a suit can be maintained, but I need
confirmation of some elements of the case.  If you saved the emails
you received from Verisign/Network Solutions, I would appreciate it
if you could take a minute to forward them to me, so I can quote from
them properly.  I am especially interested in the email sent by
Verisign to a gaining registrar denying the transfer because the
Registrant failed to respond to the confirmation email sent by
Verisign.  I believe that Verisign would state that the ownership of
the site is in dispute.  Thank you.







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