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Q: Need help with domain transfer dispute ( No Answer,   6 Comments )
Question  
Subject: Need help with domain transfer dispute
Category: Computers > Internet
Asked by: csnw2002-ga
List Price: $30.00
Posted: 21 Sep 2002 04:02 PDT
Expires: 21 Oct 2002 04:02 PDT
Question ID: 67532
I purchased a domain from a company about a month ago.  I express
mailed a check for $395 dollars to them and kept up my end.  In the
agreement, they agreed to initiate transfer of the domain within 1 day
of my check clearing.  They did not and still haven't.  I checked the
whois information and used it to email, and call several times. 
Emails haven't been returned and neither have the phone calls.  I even
emailed the registrar of this domain and gave them all the details and
asked them to transfer the domain.  No reply.  I need some really good
advice on what actions to take to get this resolved.  I live in GA and
the company is in CA.  If it were not for this, then I would be going
straight to the company.  No Domain = No Company = No Money ... so I
need some help and I need it rather quickly.

Clarification of Question by csnw2002-ga on 22 Sep 2002 23:29 PDT
The domain not being transferred is www.chattanoogarealty.com.  I
checked into the arbitration thing with the WIPO and it looks like
there is a fee of at least $1,500 for this service.  I do not want to
pay this kind of money as I have already paid enough for this domain. 
This company (man) has a history of pulling this crap because I have
been doing some research on him.  He also has a record of not
responding to complaints filed against him with the Better Business
Bureau in his area.  Can anyone give me some good advice?  There has
to be some way to make this man do the right thing or to make the
registrar do the right thing.  Thanks everyone for your time.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Need help with domain transfer dispute
From: chiefsittinginfo-ga on 21 Sep 2002 06:50 PDT
 
You cannot go to Network Solutions (appointed domain controller in the
U.S.) claiming that the domain you bought from the company is
rightfully yours. Since you sent a check to them, you have a certain
time period where you can void the check and tell your bank to not
clear it. Since you have waited for more than a month, the situation
becomes a bit more sticky. It sounds like you're dealing with a
company or group with real customer service problems. I would call up
these people and warn them that you will bring them to small claims
court if the transfer is not made, perhaps, within a certain time
period. If you do not have their number, I recommend getting it from
their website's WHOIS information. Look for the phone number field and
dial away. You can advance to taking legal action. Go to your local
judicial locations, and express that you want to file a claim against
a firm that is not in state. They'll know how to assist you. In these
types of situations, all the company will need is a little prodding.
Subject: Re: Need help with domain transfer dispute
From: davidsar-ga on 21 Sep 2002 09:18 PDT
 
In addition to the small claims/legal route, you might also check into
the Domain Name Dispute Resolution service offered at:
 
http://arbiter.wipo.int/domains/

This is the official (ICANN) dispute resolution service when companies
do battle over conflicting domain names.  Although your situation is
somewhat unusual, they may be able to offer assistance.  Check out the
details at their site.  Good luck.
Subject: Re: Need help with domain transfer dispute
From: resolutionman-ga on 21 Sep 2002 11:02 PDT
 
What is the domain name in question?  I have a bit of experience in
matters like this.  I own an ISP and have issues like this almost
daily.
Subject: Re: Need help with domain transfer dispute
From: resolutionman-ga on 23 Sep 2002 07:50 PDT
 
Sorry it has taken me so long to get back to you (unexpected emergency
this past weekend).

To update you on the status of your domain change, here is what I have
uncovered.

The domain "chattanoogarealty.com" used to be under the control of
Verisign (formerly network solutions).  In early August the domain was
transferred to a new domain registrar "dotster.com".  I have contacted
dotster.com about the issue stating that you were a client of mine.  I
was left hanging a bit because I didn't know any of your information
(don't know your name etc...)  Hard to tell if the domain is being
changed to your name if I don't even know your name.  :)

My contact at dotster will be getting back to me soon (hopefully this
afternoon) to let me know if ANY activity has transpired on the
chattanoogarealty.com account.  If no actions have been taken we will
have to become agressive to insure that your domain is properly
transferred to you.

I will keep you updated.

resolutionman-ga
Subject: Re: Need help with domain transfer dispute
From: csnw2002-ga on 24 Sep 2002 12:56 PDT
 
I've posted twice with my email address.  These posts have gotten
removed because of the email address.  I wasn't sure the first time,
but after the 2nd time I received a letter about it.  I've asked
someone to contact you (resolutionman) directly and give you my
address.  I'm not sure what else I can do.  I'm not sure how a person
can get a problem resolved when they cannot post any information to be
able to contact a person.  I guess I will just have to pray about it. 
I hope you receive the information.
Subject: Re: Need help with domain transfer dispute
From: markoft-ga on 29 Sep 2002 12:09 PDT
 
You used the phrase "express mailed" in your question.  If you did
actually use the USPS services then the domainholder that accepted and
cashed your check can be investigated and possibly charged with mail
fraud.  Mail fraud penalties are monetary fines and up to 5 years in
jail.

File a Mail Fraud Complaint here:
https://www.usps.com/postalinspectors/fraud/MailFraudComplaint.htm

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