Domain Register Pty Ltd - Court outcome

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27 December 2018
Court actions

A company that engaged in misleading and deceptive conduct by sending out certain types of unsolicited notices for domain name registrations has been ordered to offer a $249 refund each to more than 9,800 customers.

The Federal Court of Australia found Domain Register Pty Ltd (Domain) had breached the Australian Consumer Law by sending out notices to businesses that looked like invoices or bills for existing domain name registrations, but were actually for different (though similar looking) domain names.

The notices showed a cost of $249 for a two-year registration period and included payment options.

Domain  must offer the refund to those customers who paid the notice and did not renew their registration with Domain after the two years.

As well as the refunds, Domain:

  • cannot send unsolicited notices offering domain name registrations for a domain name similar to one the business already holds, without including the words “This is not a bill. You are not required to pay any money.”
  • must publish a notice in a number of newspapers around the country, including the Herald Sun and The Australian, and on its website, advising customers that they may be entitled to a refund and how to apply for one.