Day of judgement looms for DNA

The Australian Domain Authority (auDA) is in the process of launching a class action lawsuit against Domain Names Australia (DNA) and its sole director, Chesley Paul Rafferty, alleging the reseller has sent unsolicited mail-outs that are deceptive and misleading, and in breach of the Trade Practices Act.

The mail-outs in question are ostensibly domain name registration application letters, that strongly resemble invoices or registration renewal notices, auDA CEO, Chris Disspain, said.

“The mail-outs look like invoices; they imply an existing business relationship and could easily be construed as renewal notices for existing services instead of a new one,” he said.

This is not the first time the auDA has accused Rafferty, also the director of Internet Registry, of issuing misleading domain name registration letters. Last year, the auDA threatened to take Rafferty’s other domain name company, Internet Registry, to launch a class action for sending out similar misleading letters.

Rafferty, however, agreed to refund disgruntled customers that were misled into purchasing a domain name.

By June 2003 however, Rafferty was up to his old tricks, this time approving similar letters be sent for his business DNA. The auDA once again received a flood of complaints from recipients and in July decided to launch a class action against the director and his company.

The auDA’s case against DNA was delayed, however, when the ACCC requested DNA slow down its proceedings as they were investigating the action. The ACCC then appeared to abandon its case against DNA.

“We slowed down the action because the ACCC asked us. They were looking at it and were concerned our action might negatively impact on their work. The ACCC then ceased communicating with us. I don’t know why, but the end in communications did coincide with the appointment of the new head of the ACCC,” Disspain said.

ARN asked Disspain if the auDA sought a consent order from Rafferty that would see DNA refund misled custromers. He replied: “If we’d been able to secure refunds from the customers, we wouldn’t be launching the class action against DNA.”

The auDA’s campaign against DNA met a minor set back on Monday, when it lodged an application with the Court for an interlocutory (or temporary) injunction restraining DNA from using the funds it receives as a result of the mail out. Justice Finkelstein declined the application because he said there was insufficient evidence to show that the proceeds were likely to disappear.

However Disspain said he was encouraged by some of the remarks the Judge made during the hearing which will be available to the public over the next couple of days.

Disspain said he expect the class action to go before the Court in the next couple of months. In the meantime, the auDA will be posting advertisements encouraging other people who were duped into buying domain name registrations to become a part of the class action.

DNA was unable to respond to ARN's enquiries before time of press.

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.
Show Comments

Cool Tech

SanDisk MicroSDXC™ for Nintendo® Switch™

Learn more >

Breitling Superocean Heritage Chronographe 44

Learn more >

Toys for Boys

Family Friendly

Panasonic 4K UHD Blu-Ray Player and Full HD Recorder with Netflix - UBT1GL-K

Learn more >

Stocking Stuffer

Razer DeathAdder Expert Ergonomic Gaming Mouse

Learn more >

Christmas Gift Guide

Click for more ›

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?