domainwatch.org

Thursday April 29 2004

How to complain about false billing scams

Information to help protect businesses against common scams perpetrated against them is available at the bottom of this article.

Consumer protection agencies join forces to protect Australian business from billing scams
http://www.accc.gov.au/content/index.phtml/itemId/523682

Australia’s consumer protection agencies are stepping up their combined assault on false billing practices.

“A coordinated and cooperative approach by Commonwealth, State and Territory fair trading agencies will make certain there are no gaps within the jurisdictions and relevant legislation”, ACCC Chairman, Mr Graeme Samuel, said today. “Our combined forces will ensure we have a wider net to catch illegal conduct.

“This is part of a broader strategy among the jurisdictions involving coordinated enforcement action and continuing education to raise business’s awareness of these insidious practices which may cost businesses millions of dollars”.

All Commonwealth, State and Territory fair trading agencies have been exchanging information and assisting one another to effectively combat false billing practices.

“Let this be a warning to any company which thinks that false billing might be an easy way to make a quick buck”, Mr Samuel said. “There are now nine government agencies together watching and waiting to catch the next false biller in Australia”.

In Melbourne on Tuesday the Federal Court declared that an internet domain supplier Domain Names Australia Pty Ltd and its director Mr Chesley Paul Rafferty had breached the Trade Practices Act 1974, and restrained them from engaging in similar conduct for three years. The ACCC had alleged that Domain Names Australia Pty Ltd had made false or misleading representations to businesses which held a registered internet domain name by sending them notices inviting them to register a new internet domain name which was substantially similar to the business’s existing domain name.

Media Contacts:

  • ACCC – Ms Lin Enright, Director, Public Relations, (02) 6243 1108 or 0414 613 520
  • NSW – Mr Christian Fanker, (02) 9338 8997 or 0411 070 025
  • Victoria– Ms Janet Miller, (03) 9627 6129
  • Queensland – Mr David Smith, (07) 3225 1005 or 0409 496 534
  • South Australia – Ms Carolyn Warman, (08) 8204 9507
  • Western Australia – Mr Mike Winchester, (08) 9282 0663
  • Tasmania – Mr Roy Ormerod, (03) 6233 4555 or Mr Phil Marriott, (03) 6233 4500
  • ACT – Mr Greg Bayliss, (02) 6207 7492
  • Northern Territory – Mr Gary Clements, (08) 8982 1772

Media inquiries

  • Ms Lin Enright, Director, Public Relations, (02) 6243 1108, (0414) 613 520

Release # MR 069/04
Issued: 29th April 2004

Background

False billing scams being targeted include those that involve:

  • sending solicitations for trade directory entries that resemble invoices
  • misleading businesses in respect of the need for domain name renewals
  • demanding payments from businesses by misleading them into believing some prior agreement has been made for previously unsolicited services
  • claiming an affiliation with charities, police forces, fire-fighters, drug rehabilitation services or other worthy causes when no such affiliation exists
  • asserting that there is a government requirement for the services offered when no such requirements exists.

In previous proceedings brought by the ACCC against Internet Name Protection Pty Ltd and Internet Registrations Australia Pty Ltd, the Federal Court granted injunctions in late 2002 requiring them to cease sending solicitations for domain name renewals that closely resembled invoices. Proceedings continue against IT & T AG which has allegedly been falsely billing businesses for unsolicited entries in an international facsimile directory.

The New South Wales Office of Fair Trading is proceeding against Australasian Publications & Advertising Pty Ltd and its director, Mr Michael Jeffrey Oliver, following earlier action restraining the issue of false invoices for advertisements in Australian Police Bulletin and Statewide Firefighters. Orders for contempt are being sought in this instance and the court has the power to impose significant penalties.

The NSW Office of Fair Trading is also carefully examining the conduct of another company following complaints from businesses in various States and Territories that they were falsely billed for advertisements they did not authorise.

The Queensland Office of Fair Trading has successfully prosecuted companies and individuals undertaking false billing activities including:

  • Intense Media Pty Ltd which was convicted and fined $11,600
  • Amanda Stitchbury who was convicted and fined $10,500.

The Queensland Office of Fair Trading has also been working closely with the ACCC in a matter where the conduct is occurring across a number of jurisdictions.

Consumer Affairs Victoria has recently successfully prosecuted a number of companies engaged in false billing activity including:

  • Hilton Publishing Pty Ltd where fines of $64 000 were imposed plus costs
  • Salcap Pty Ltd where injunctions and fines of $2,500 were imposed
  • Power Pacific International Media Pty Ltd was convicted and fined $5000 in 2003
  • Springreef Pty Ltd was convicted and fined $3500 in 2003.

Consumer Affairs Victoria has a number of investigations in progress concerning alleged false billing conduct.

The Office of Consumer and Business Affairs, South Australia, is currently prosecuting two individuals for allegedly asserting a right to payment for unsolicited advertisements in a magazine called TouringSA. The first defendant has been charged with 21 counts and the second defendant with 11 counts. The first defendant has also been charged with three counts of allegedly stating that the magazine had sponsorship or approval it did not have.

In Western Australia, the Department of Consumer and Employment Protection has recently seized hundreds of letters which targeted small businesses and community groups from a company trading under the name of Employment Protection Australia. Many recipients alleged they believed they were dealing with a government agency and were legally obliged to buy a first aid kit being offered by the company. DOCEP is returning payments to recipients of the allegedly unsolicited offer.

Information to help protect businesses against common scams perpetrated against them is available from:

  • ACCC Infocentre: 1300 302 502
  • NSW Office of Fair Trading: 133220
  • Victoria Consumer Affairs Victoria: 1300 558 181
  • Queensland Office of Fair Trading: 1300 658 030
  • South Australian Office of Consumer and Business Affairs: 131 882 or (08) 8204 9777
  • Western Australian Department of Consumer and Employment Protection: 1300 304 054
  • Tasmanian Consumer Affairs and Fair Trading: 1300 654 499
  • ACT Office of Fair Trading: (02) 6207 0400
  • Northern Territory Consumer Affairs: 1800 019 319

Wednesday April 28 2004

Court finds internet domain name facilitator guilty of misleading and deceptive conduct (Chesley Rafferty)

Filed under: Chesley Rafferty, Domain Names Australia — Josh @ 11:01 pm

Court finds internet domain name facilitator guilty of misleading and deceptive conduct (ACCC)
http://www.accc.gov.au/content/index.phtml/itemId/501309/fromItemId/142

Guilty verdict for AU domain name scammers (ZDNet)
http://www.zdnet.com.au/news/security/0,2000061744,39146131,00.htm

Court stymies domain name peddlers (NZ Herald)
http://www.nzherald.co.nz/storydisplay.cfm?storyID=3563219&thesection=technology&thesubsection=general

ACCC orders Domain Names ban (Australian IT)
http://australianit.news.com.au/articles/0,7204,9413437%5E15336%5E%5Enbv%5E15306-15316,00.html

Company banned from providing misleading domain names (The Age)
http://www.theage.com.au/articles/2004/04/28/1083103514769.html

Comments from Chesley Rafferty – Domain Names Australia Director
http://dotau.org/archive/2004-04/0095.html

Comments from Chris Disspain – auDA CEO
http://dotau.org/archive/2004-04/0097.html

Sunday April 18 2004

Nominet UK v Diverse Internet Pty Ltd (Bradley Norrish)

Filed under: Bradley Norrish, Diverse Internet, UK Internet Registry — Josh @ 12:06 pm

from: http://courtlists.fedcourt.gov.au/courtlistings.aspx?id=8

” …

Federal Court of Australia
for Hearing on Monday 19 April, 2004
1 Victoria Avenue, Perth

(Deputy District Registrar Stanley) Conference Room 1 level 6
2:30 pm
Nominet UK -v-
Diverse Internet Pty Ltd & Ors
N1040/03
(Return of Subpoena)

… “

Statement on UK Internet Registry Ltd
http://www.nominet.org.uk/News/NewsStories/StatementOnUkInternetRegistryLtd.html

Wednesday April 14 2004

Domain renewals ‘misled’ – Domain Names Australia (Chesley Rafferty)

Filed under: Chesley Rafferty, Domain Names Australia — Josh @ 11:13 pm

Here is Justice Finkelstein’s full judgement:

.au Domain Administration Ltd v Domain Names Australia Pty Ltd [2004] FCA 424
http://www.austlii.edu.au/au/cases/cth/federal_ct/2004/424.html

auDA wins TPA action against DNA
http://www.auda.org.au/news.php?newsid=11

auDA applauds court decision
http://www.itnews.com.au/storycontent.asp?ID=12&Art_ID=19145

auDA wins claim against domain name vendor
http://www.theage.com.au/articles/2004/04/13/1081621941046.html

Watchdog rescues Kiwis from domain name scam
http://www.nzherald.co.nz/business/businessstorydisplay.cfm?storyID=3560128

Net closes on web domain name scam
http://www.smh.com.au/articles/2004/04/12/1081621895777.html

Beware the domain name registration trap
http://www.theage.com.au/articles/2004/04/09/1081326927051.html

Pair probed over net registration schemes
http://www.thewest.com.au/20040413/business/tw-business-home-sto123120.html

ACCC wins web names class action (requires subscription)
http://afr.com/premium/articles/2004/04/12/1081621893693.html

Domain renewals ‘misled’
http://www.theage.com.au/articles/2004/04/13/1081838725711.html

Court calls halt to internet schemes
http://www.thewest.com.au/20040414/business/tw-business-home-sto123178.html

Saturday April 10 2004

Beware the domain name registration trap (Bradley Norrish + Chesley Rafferty)

Filed under: Bradley Norrish, Chesley Rafferty, IMCO Corporation — Josh @ 11:15 pm

The Age’s business section front page has a story on Brad Norrish and Chesley
Rafferty: Beware the domain name registration trap (by David Elias).

Obviously the story went to print prior to the announcement of Judge
Finklestein’s judgement (http://dotau.org/archive/2004-04/0019.html).

It has also been brought to my attention that Brad Norrish and Chesley Rafferty
are reviving their spyware and spam business just days prior to the new
Spam Act 2003 coming into full force in Australia.

Read Daniel McNamara’s post about Brad Norrish’s LoveCompatibilityTester.com
spyware + spam here.

Brad Norrish is recruiting for IMCO again, from:
http://business.thewest.com.au/classifieds/classifieds-browse.jsp?category=employment&attributeSearchTextType=any&attributeSearchText=imco

” …

General Employment

RECEPTIONIST/OFFICE JUNIOR. Enthusiastic, well presented and well groomed
team player wanted for role as Receptionist/Office Junior to join dynamic
young CBD company. Excellent starting role in a growing company with above
award wages. No experience necessary, just great attitude to learning. Email
your CV to: hr@imco.com or mail to: PO Box Z5439, Perth 6000

Published 03-Apr-2004

… “

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