auDa has received numerous complaints regarding letters headed "Domain Name available" which indicates that some of the names offered are either registered already to the recipient of the letter and not due to expire in the near future or registered to a different entity and not available for registration.
In a statement released today, auDA said it is concerned that the letters may mislead people into believing that their .com domain name has expired when it has not or mislead people into believing that a .com name is available for registration when it is not.
The auDA is also concerned that the letter may induce people to pay money to Domains Australia for a service that the company is unable to deliver. Domains Australia is a company controlled by Chesley Rafferty, who is also a director of Domain Names Australia Pty Ltd.
The Federal Court rejected an appeal by DNA and Rafferty last year against a finding in April 2004 that domain name notices distributed in July and September 2003 were "misleading and deceptive."
auDA issued consumer warnings in 2003 saying DNA was sending letters or faxes to some domain name registrants regarding the net.au version of their .au domain name being unavailable or unregistered. The communication, headed 'Domain Name Registration', could "easily be mistaken for an invoice," auDA said.
The auDA is advising recipients of the letter and fax to lodge a formal complaint and contact the Australian Competition and Consumer Commission (ACCC).
