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Wednesday, 28 March 2007

FOR IMMEDIATE RELEASE:


http://www.registerflylawsuit.com

RegisterFly Scandal Culminates in Class Action Lawsuit

More than 75,000 individuals have already lost their Internet domain names registered through RegisterFly.com. New class action lawsuit seeks to protect up to a million more from the same fate.

Winston‑Salem, NC - March 28, 2007 - Yesterday, a U.S. District Court judge unsealed a class action lawsuit against Internet domain registrar RegisterFly along with the corporation charged with accreditation and oversight of registrars, the Internet Corporation for Assigned Names and Numbers ("ICANN"), among others. The lawsuit (Anne Martinez v RegisterFly, ICANN et. al.) filed by Attorney E. Clarke Dummit alleges that RegisterFly has systematically defrauded its customers who attempted to register or renew Internet domain names, causing them to lose their domain names, finances, and even entire businesses. The lawsuit was initially sealed due to fears of retribution by RegisterFly.com towards plaintiff Anne Martinez for filing the suit, but since then  other concerns have become more pressing, and the case was opened to the public.

Lead Plaintiff Anne Martinez fears that RegisterFly is likely to cause the loss of her website GoCertify.com, which is the primary source of support for her and her children. The GoCertify.com domain, which had a scheduled expiration date of March 18, 2007, according to Registerfly, could not be renewed (even though Anne was charged for the service of having that done), was refused transfer to a different registrar, and has had Anne's ownership information completely removed or concealed from public databases as well as made inaccessible to her.  Martinez says, "if Medina illegally shuts down my registration, I could end up losing my business that has supported me for years, and even my home, and I am only one of thousands of people in this same situation. I can not just stand by and let this happen."

Long before the allegations of misuse of RegisterFly funds by company owner Kevin Medina for such things as escort service; a liposuction procedure;  a penthouse apartment in Miami, Florida; and a $6,000  Chihuahua dog,  RegisterFly had already earned a growing reputation for failing to renew or transfer domain names, respond to customer support issues, and double or triple charge for services never delivered. It was clear that RegisterFly was in trouble, and the accreditation agency of registrars, ICANN, knew it, but ICANN did not perform its duty to protect the public and continued to accredit RegisterFly and allow it to perform as a registrar.

In fact, ICANN, which collects a fee for every domain sold through its accredited registrars, did not give notice of termination of ICANN's accreditation of RegisterFly until the day AFTER attorney Dummit served ICANN with this class action lawsuit. This provides further evidence that it is time for the American Legal System to step in and reign in this outrageous, illegal behavior that has already harmed many people around the world, and threatens to damage many more.
 
"I only hope that this situation can be brought under control before it becomes even worse, and that the agents responsible for all of this harm and heartache will be held accountable for what they have done," says Martinez.
Comments
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Phoenix Registered | 2007-03-28 17:43:01
avatar It's about time.
Stevek - ICANN LOGO IS GONE Registered | 2007-03-28 17:50:25
I noticed that the ICANN logo has been removed from the Registerfly web site.

Rumour has it that Registerfly may be a reseller for Tucows.
AHMark - Text / Words / Actions Registered | 2007-03-28 17:52:25
I think we can all agree. To be honest.
LESS TALK MORE ACTION!!!!
Lets stop blowing steam. And get those turbines moving.

Talk does very little. Action is where the money is my friends.

This will drag out in courts for years to come. I can guarantee that.

I don't put to much faith in text. Time is one thing we do not have.

Just my opinion. Hopefully the legal system can nuke registerfly.com
Will - RegisterFly.com still says ICA Registered | 2007-03-28 18:21:09
http://registerfly.com/info/about.php

Quote:
RegisterFly.com, inc. is an ICANN Accredited registrar.
MikeInMass - I'm IN..... Registered | 2007-03-28 18:27:27
Screw them to the WALL, baby!
dsmj - Dummit Publisher | 2007-03-28 19:52:18
YIkes.

I just re-read registerfly's terms.
Basically at the bottom it says they they are Held Harmless form liability in ways that are counter to a viable business exitestence.

Including registering and doing anything, and also any 3rd party terms for whomever they resell for, which links to ENOM that dumped them.

IMHO legal minds cannot be trusted.... explain how a class action suit will help me. all that does is tie up my stuff in court system situations. I want ICANN to go back, with a techteam and US.DOC muscle, and deal with issues that are Not Rocket Science and can be easily fixed quickly. i dont want revenge, ( most clients do though ) , i just want a restoration of domains and some stability.


I dont get it http://gocertify.com/ is up and shows a reasonable whois
Domain Name: GOCERTIFY.COM
Registrar: REGISTERFLY.COM, INC.
Whois Server: whois.registerfly.com
Referral URL: http://www.registerfly.com
Name Server: NS.ANVENTURE.COM
Name Server: NS2.ANVENTURE.COM
Status: ok
Updated Date: 13-sep-2006
Creation Date: 18-mar-1998
Expiration Date: 22-oct-2007


My domain http://witnessconsultants.com is verifiably down and in stress to EXPIREFLY

with a popunder that sometimes is Porn. My client is FUMUING F#3IN MAD.

It was Failed in renew in multiple attempts before and after expiry - efforts that persist to this day.

Then my Account disappeared - then reappeared after i posted to ICANN HERE:
http://public.icann.org/node/149

Domain Name: WITNESSCONSULTANTS.COM
Registrar: REGISTERFLY.COM, INC.
Whois Server: whois.registerfly.com
Referral URL: http://www.registerfly.com
Name Server: DNS1.EXPIREFLY.COM
Name Server: DNS2.EXPIREFLY.COM
Status: clientTransferProhibited
Status: clientUpdateProhibited
Updated Date: 05-mar-2007
Creation Date: 04-mar-2005
Expiration Date: 04-mar-2008

I have renewal Failure emails from March 2,3,4 2007 . each time they debited quick checkout, and the transactin logs only show the march 4th last ditch attempt.

bleh. I would prefer to work with RFLY and solve this than to piss them off and lose account access again.
aj.doyle Registered | 2007-03-28 19:38:29
Even if they do say that and even if you accept the terms, it isn't 100%.

I could write up an agreement now that if I were to murder you, I wouldn't be held accountable - you could agree - that won't save me from the chair.

That probably isn't the best analogy for the situation, but my point is that a judge will most likely make the determination as to whom is at fault in this situation.
kamil1 - Correct, but... Registered | 2007-03-29 00:05:50
You are right dsmj that the lawsuit won't help our domains in any way. But let's be realistic: right now, what will?

Sure, I too would prefer if RF just got their act together and fixed the technical problems. But I've been waiting for 3 months now and in my case they haven't done a thing. Can anybody blame me for not being hopeful regarding RF anymore?

The lawsuit is all about revenge; sad but true. The best outcome we can hope for is that after long deliberations, KM, JN, etc will end up on the street, broke. Those crooks deserve it.

So far as the domains go, my only hopes right now are with ICANN's bulk transfer, although I'm too much of a skeptic to expect that that will magically solve all of our problems. But perhaps, with a new registrar, we will at least be able to reach some competent customer service people.
captainproton Registered | 2007-03-29 01:42:50
I think that the negligence and problems are so widespread here I have a hard time seeing how a court is going to hold that boilerplate agreement valid.
gearedup - WITNESSCONSULTANTS.COM Registered | 2007-04-10 15:52:27
Dummit,

Congratulations on the transfer and renewal!

Domain Name: WITNESSCONSULTANTS.COM
Registrar: GO DADDY SOFTWARE, INC.
Whois Server: whois.godaddy.com
Updated Date: 31-mar-2007
Creation Date: 04-mar-2005
Expiration Date: 04-mar-2009
dsmj - FINAL REPORT ICANN Publisher | 2007-03-28 20:14:54
http://www.icann.org/psc/psc-report-final-25mar07.pdf

excerpt:

Legal status and identity
The Committee notes that in conjunction with the Joint Partnership
Agreement, the ICANN Board affirmed a statement of responsibilities,
and in particular committed to conduct a review of ICANN’s corporate
administrative structure:
10) Corporate Administrative Structure: ICANN shall conduct a
review of, and shall make necessary changes in, corporate
administrative structure to ensure stability, including devoting
adequate resources to contract enforcement, taking into
account organizational and corporate governance "best
practices."4
3 Information on ICANN’s strategic planning process can be found at:
http://www.icann.org/announcements/strategic-plan-22jun06.htm.
curious observer - re: Dummit Registered | 2007-03-28 21:21:40
dsmj wrote:
I dont get it http://gocertify.com/ is up and shows a reasonable whois
Domain Name: GOCERTIFY.COM
Registrar: REGISTERFLY.COM, INC.
Whois Server: whois.registerfly.com
Referral URL: http://www.registerfly.com
Name Server: NS.ANVENTURE.COM
Name Server: NS2.ANVENTURE.COM
Status: ok
Updated Date: 13-sep-2006
Creation Date: 18-mar-1998
Expiration Date: 22-oct-2007


I'd just like to note that this is not an example of a "reasonable whois". A whois needs to show the Registrant, Administrative, Technical and Billing contacts. I work in the transfer department of a well known registrar and am helping hundreds if not thousands of customers through this nightmare situation with RegFly. The whois that is shown here is what we'd call a "thumbnail" whois. If that was all the whois data available I'd fail the transfer or put it in a whois fix status. At the very minimum we'd need to have the admin email address visible on a public whois. I just wanted to point that out.
kamil1 Registered | 2007-03-29 00:08:59
Well, if you check the whois for that domain for yourself you'll see that the contact information is actually there. There's only one "little" problem: it points to support@registerfly.com .
annemz - expiration date Registered | 2007-03-30 07:37:17
The whois says Oct 22.
RegisterFly interface said March 18, which is the anniversery of when I first registered it and thus seems likely to be accurate since renewal is a year at at time.

In any event, since RF says March 18, and they have control of the domain, it is what they say that matters to me. PLUS my ownership information has disappeard. There is no auth code. I have already lost another domain. Some domains, that I was able to obtain auth codes for, I have been able to transfer out. GoCertify.com is my most valuable and it is stuck. No help from RF. No help from ICANN. No help from Enom. RF says it already expired. So I am not giving up without a FIGHT!
a101 Registered | 2007-03-28 21:33:13
Registrant:
N/A:afxq9xjv
404 Main Street
4th Floor
Boonton, NJ 07005 US

Domain name: GOCERTIFY.COM

Administrative Contact:
Default Profile, - support@registerfly.com
404 Main Street
4th Floor
Boonton, NJ 07005 US
9737362545 Fax: 9737361355

Technical Contact:
Default Profile, - support@registerfly.com
404 Main Street
4th Floor
Boonton, NJ 07005 US
9737362545 Fax: 9737361355

Registrar of Record: REGISTERFLY.COM, INC.
Record last updated on 01-Mar-2007.
Record expires on 22-Oct-2007.
Record created on 18-Mar-1998.

Domain servers in listed order:
NS2.ANVENTURE.COM 209.213.117.63
NS.ANVENTURE.COM 209.213.120.225
supernom.net - saving auth codes before tsuna Registered | 2007-03-28 21:53:22
First of all my regards to the manager of Registerflies.com. It takes a lot of time (and money) to do this.

When I received my first email from eNom, I thought I was the only one in the world to having problems with RF (initially very user-friendly, 2 years later a real monster).

Last year after a period without access to my two main RF accounts, when I got the access again, I said enough to RF, so I removed all protectflies, I unlocked all my domains and saved all the auth codes.
And I started to transfer all my domains registered at RF from RF to Goddady (more than 100), till about 15 days ago (I took more than 2 months transferring all those domains, because is not free to transfer!).
I became a reseller too because I manage nowadays more than 200 domains (and a lot of web hosting).

I did this because I decided that RF was not a reliable registrar anymore and I copied all my auth codes and I started the domain transfers before the big catastrophe.

Unfortunately, it seems only a few people took a decision like that.

Regards
Lucio
SuperNom.net
KMN Registered | 2007-03-29 09:44:16
hmm.. i wonder how to get into this class action lawsuit, or is it too late?
cogger - re: Registered | 2007-03-30 00:39:43
KMN wrote:
hmm.. i wonder how to get into this class action lawsuit, or is it too late?


Not too late: http://www.registerfly-lawsuit.com/join-registerfly-lawsuit.shtml
ajmurphy1 Registered | 2007-03-30 16:05:51
Another domain lost, apparently. One of my domains, which is an eNome name I guess, has no transfer code. I submitted a support ticket on the RegisterFly website, from within my account, has gone unanswered for almost 2 months now. Today, I logged in and found that my support request has simply been deleted. It's like it was never submitted, all except for the screen capture that I took of it, so I actually have proof of it’s existence once upon a time. My registrant data has disappeared several times too. I will type it in and then it just vanishes by the time I log in the next time. I wrote to ICANN, as described elsewhere on this site, and ICANN answered back saying they forwarded my email on to eNOME and that I should hear back from them soon. Well, I don’t know who’s definition of soon that we’re talking about here but eNOME is not answering my emails, nor have they replied to the one forwarded to them on my behalf by ICANN. Meanwhile, my domain (actually my clients domain) is just setting there, ticking away toward its expiration date in April. In my other Fly account I have money just setting there that I have tried to use but since absolutely nothing works, I can't use it. RegisterFly took it out of my credit card by submitting multiple charges to my card for renewals and registrations which ALL failed. Fly says they do not refund money, and since they won't let me use it either, I am thinking this is credit card fraud, for all practical purposes. Funny how companies like this can commit credit card fraud against the consumer but if you try to do even the slightest little thing against them, like cancel a charge on your card, they go after you for fraud in a heart beat, call out the police and everything. Every time I've complained (except recently), Fly has threatened to close my account. They really seem to like to threaten people; they’ve threatened me a number of times. I guess they only like to hear good things but if you have an issue with them then you're an ass and deserve to be terminated or reported to the police if you tell them you are going to have your credit card company reverse a charge. I have sit through so many hours of "advertising on hold" with RegisterFly that I could not even begin to count the hours or number of calls. Amazing, simply amazing…
Midway114 Registered | 2007-04-06 22:57:06
Here I thought I was the only fool fighting these guys.. To make a long story short they owe me money and i want it. I never had a problem with these people until the beginning of March, and I've used them for years. I knew they were to cheap to be true. Since I guess i'll be starting over with new domain names an all. can anybody suggest a good Webhosting company? Thanks
And if anyone wants to go door knocking i'll Drive...
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