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-------------------------------------------------------------- This story was printed from ZDNet Australia. --------------------------------------------------------------
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Domain Names Australia to face ACCC in Melbourne court By Patrick Gray, ZDNet Australia and AAP October 03, 2003 URL: http://www.zdnet.com.au/news/business/soa/Domain-Names-Australia-to-face-ACCC-in-Melbourne-court/0,139023166,120279313,00.htm
The Australian Competition and Consumer Commission has formally taken court action against Domain Names Australia (DNA) and its director for alleged breaches of the Trade Practices Act related to mailouts to domain name holders. The action follows investigations by the ACCC and Australian domain name administrator auDA into marketing leaflets mailed out by DNA that both the competition authority and administrator allege resembled invoices. The ACCC and auDA have alleged these leaflets led recipients to believe their domain names could expire and that they consequently had an obligation to pay DNA to re-register those names. "It is alleged the form of the notice sent by Domain Names Australia Pty Ltd was misleading or deceptive or likely to mislead or deceive," a statement on the ACCC Web site read. "Additionally, the ACCC alleges Domain Names Australia Pty Ltd has contravened section 64(2A) of the Act claiming the notices it sent to businesses asserted a right to payment for the service of registering the domain name when that service was unsolicited and the company did not have a right to payment for that service." DNA's director Chesley Rafferty has also found himself in the ACCC's cross-hairs. "The ACCC further alleges that Mr Rafferty was knowingly concerned and aided and abetted the alleged contravening conduct of Domain Names Australia." A directions hearing will take place in Melbourne's Federal Court today.
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