Transferring Domains from Uncooperative Registrar?

An anonymous reader asks: "What do you do when your registrar hangs you out to dry? I have a domain that was registered with a registrar that no longer exists. The original registrar was bought out by another, who is a reseller for a third registrar. After the buyout they never got my domain to work properly with their billing system, with the result that I cannot transfer the domain (they say they cannot release registrar-lock) and cannot renew it via their online system, meaning that I have to call them on the phone. Several weeks ago, my registrar took my renewal payment for two years, and charged my credit card, but never renewed the domain. They expired it and redirected the web accesses to their parking page, which consists of spam links. I've emailed and called them several times since, with the result that they no longer answer my email or phone calls. I can't find any clear documentation at ICANN about this, as it all seems to be geared toward transfers from uncooperative web hosts or copyright holders. Do I have any recourse in this case, or am I simply screwed?"

Comments

contact ICANN

[TheSHAD0W]

Give them documentation for the credit card charge and for your prior ownership; hopefully they'll restore your ownership and yank that registrar's license.

Get a lawyer

[mysidia]

I don't think ICANN will offer you much recourse, and you may need to take legal action. Hence I say, hire a real lawyer to advise you properly.

In my estimation, you will probably be needing to contact them by sending a letter through certified mail, include a notice of their breach of the agreement, and demand they cooperate with your transfer of registration to alternative registrar, include the details.

Put them on official notice ASAP, spell out the details of how they are breaking your agreement to renew the domain, and what you demand of them immediately, and in the future, so they cannot claim ignorance, or that they "never received the message".

And be prepared to sue the registrar, if they won't make you whole. Bottom line: by expiring your domain, they fail to honor an agreement. By interfering with the proper transfer of your domain, they are injuring you.

Unless you want to get a lawyer, you're screwed.

[Banner]

A friend of mine went through something like this. He registered his domains under his internet nickname, but paid under his real name. Now they won't allow him to do anything unless he comes up with a legal ID that has his nickname on it. They don't care that he was paying with his legal name for the last X years.

So he's waiting for the domain to expire so he can pick it up under his real name. The registar (godaddy) refuses to help at all and he feels a lawyer is a waste of money. So for now he's stuck waiting because godaddy puts all expired domains up for auction for a period of days (registars should NOT be allowed to auction expired domains, conflict of interest - especially when they're causing the expiration).

I suspect many of the people out there who are currently parking domains and putting them up for auction are probably the registars, because it doesn't appear that they have to pay to register open domains, so why not speculate if it's free?

I'm not so sure that the new system is cheaper or easier than the old one. Back in the old days at least a phone call always could clear up any problems.

Re:Your first step

[maxwells_deamon]

I would be worried about this approach. If they just give back the money in responce to the request from the credit card company, he losses the domain.

The certified letter or lawyer are the best approach

Screw ICANN, call your credit card company

[egarland]

Charging you for services and then not providing them is something credit card companies go after vigorously. Call your credit card company and complain. Most likely a significant percentage of their income comes in through credit cards and having Visa or MasterCard blacklist them would be something that would impact them deeply so when their investigator starts poking into things they'll pay attention.

At the very least you should be able to get your renewal fee back.

ICANN FAQs. Also contact name server

[billstewart]

You might try contacing whoever's running the nameserver that's got your domain on it to point it at your own servers, if they're not the same as the miscreants.

ICANN FAQ on Domain Registrar Problems.

ICANN Transfer Policies

ICANN Transfer Dispute Resolution Policy.

You may end up having to pay the miscreants a transfer fee. They do have to release registrar locks in a reasonable time with some reasonable process, though they can also hold the domain for 60 days after registration.