| Network Solutions, Inc. has settled
Federal Trade Commission charges that its deceptive marketing
practices unlawfully tricked consumers into transferring their
Internet domain name registrations to the company. The terms
of the settlement permanently bar Network Solutions from misrepresenting
that a consumer’s domain name is about to expire or that
the transfer of a domain name is actually a renewal. The order
also requires the defendant to pay consumer redress pursuant
to the terms of a previously settled class action lawsuit.
Network Solutions is the largest of more than 100 companies
that compete to provide domain name registration services
to consumers. These companies, called “registrars,” help
consumers establish the addresses for their Internet Web
sites. Consumers choose a second-level domain name for
generic top-level domain names such as .com, .net., and
.org (e.g. www.networksolutions.com) and Network Solutions
registers that domain name with the appropriate “registry.”
The FTC’s complaint alleges that, as part of its
marketing campaign, Network Solutions mailed solicitation
notices to consumers that appeared to be expiration notices
from the consumers’ current registrars. The notices
allegedly stated that consumers’ domain names were
about to expire, and that Network Solutions was offering
to “renew” their domain names for a fee.
The FTC alleges that these notices were deceptive for
two reasons. First, the notices claimed that the consumers’ domain
names would soon expire, but failed to disclose the actual
expiration dates of the consumers’ domain names – which
were, in some cases, months or years in the future. Second,
the notices offered to “renew” the consumers’ domain
names without disclosing either the identity of the consumers’ then-current
registrars or that accepting the offer would cause the
domain name to be transferred to Network Solutions. The
FTC charges that the notices tricked some consumers into
transferring their domain name registrations to Network
Solutions – often at a significantly higher price.
The stipulated order permanently prohibits the defendant
from misrepresenting that: a consumer’s domain name
registration is about to expire; the expiration date of
a registration is near or on the date by which a consumer
must respond to the Network Solutions solicitation; and
that the transfer of a domain name registration is only
a renewal. The settlement also requires the defendant to
state clearly and conspicuously in any written or oral
communication with consumers the date on which the consumer’s
registration will expire. The order also requires Network
Solutions to pay consumer redress in accordance with a
class action lawsuit it recently settled. Finally, the
settlement contains standard recordkeeping provisions to
assist the FTC in monitoring the defendants’ compliance.
At the time that the solicitations that are the subject
of the FTC's charges were mailed, the company was doing
business under the name "VeriSign."
The Commission vote authorizing staff to file the stipulated
final order was 4-0-1, with Commissioner Pamela Jones Harbour
not participating. The order was filed in the U.S. District
Court for the District of Columbia on September 11, 2003,
and was entered by Judge Ricardo M. Urbino on September
12.
NOTE: This stipulated judgment and order is for settlement
purposes only and does not constitute an admission by the
defendant of a law violation. Stipulated judgments and
orders have the force of law when signed by the judge.
Copies of the stipulated judgment and order are available
from the FTC’s Web site at http://www.ftc.gov and
also from the FTC's Consumer Response Center, Room 130,
600 Pennsylvania Avenue, N.W., Washington, DC 20580. The
FTC works for the consumer to prevent fraudulent, deceptive,
and unfair business practices in the marketplace and to
provide information to help consumers spot, stop, and avoid
them. To file a complaint, or to get free information on
any of 150 consumer topics, call toll-free, 1-877-FTC-HELP
(1-877-382-4357), or use the complaint form at http://www.ftc.gov.
The FTC enters Internet, telemarketing, identity theft,
and other fraud-related complaints into Consumer Sentinel,
a secure, online database available to hundreds of civil
and criminal law enforcement agencies in the U.S. and abroad.
(FTC File No. 0223231
Civ. No. 03 1907)
(http://www.ftc.gov/opa/2003/networksolutions.htm)
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