60 Day Domain Transfer - Got me too

I called support about transferring my domain (almost 3 years old) after getting the dreaded 60 day email. As soon as I conveyed what I was trying to do her demeanor took an authoritative tone and she started talking over me. I asked to speak to her manager. I verified his name information and asked him if he had a unique identifier other than his name in the event there is more than one. He assured me he was the only one.

I went over with him how godaddy's policy states that I cannot transfer a domain name for 60 days after updating contact info to which he stated I agreed to by checking an opt-in and also started talking over me. I terminated the conversation and "opted" to take it to court then.

This is the pot calling the kettle black.

The TOS to become and maintain an accredited ICCAN Registrar status states in plain text that a registrar may not deny a Registrant or Administrative contact rightful transfer of a domain with very few exceptions, even in the event of non-payment.

I spoke with my lawyers (yes I have more than one) and they'll be contacting them shortly. They must think because the domain was a forward to my bands myspace that I am a peon, poor with no influence or desire to fight who will probably just wait the 60 days.

That will not happen.


My question is this:

Has anyone else taken godaddy to court for domain transfer policy before?
Is there an on-going class action lawsuit currently for GoDaddy policy?
If not is anyone interested in being a part of a class action lawsuit over domain transfer policy / opt-in?

[GoDaddy.com]

I also add this: I was no longer in possession of the email address that was on file to obtain the epp code. When I updated the email address, removed the whois guard and updated my physical address, I "optedin" to GoDaddy.com's policy.



 Comically, GoDaddy.com is violating ICANN's policy by denying me rightful transfer.

 

So in essence, GoDaddy.com can violate the policy they agreed to in order to be an accredited registrar, but I can't violate their policy on domain transfers?

Hilarious. I look forward to the fight.

Did you tell them that they're violating ICANN policy?  That's usually when they give up.

Updating the admin email address does not stop you from transferring.  If you updated ALL of your contact information, that would lock the domain.  Change all your information (except for the correct admin email address) back to the old info and they will unlock it and let you go.

Good Luck

Oh, forgot to tell you that of course you will need to call them back to get the hold released after you update your contact info.

Everything at GD is negotiable.  Send an email to president@godaddy.com.  That goes to the most powerful office at GD, the office of the president (OOP).  Some pretty smart and customer-centric people work there.

GD HATES negative press and has drones who monitor all GD mentions on the Internet.

Send out Tweets, post on forums, post on Bob's blog.   (It won't make it to the page but he will forward it to Warren and/or OOP.)  Believe it or not, within 24 hours you will be able to transfer your domain anywhere you want.

Thanks for the input guys.

 I'll pass this info to my representation for the "call".

Not too long ago I had a customer service/company issue with a product I bought at Radio Shack. Needless to say I reviewed it on one of my sites (registered at namecheap) and in twenty-four hours was the top result for that product in google. (Apparently the ways I had been promoting my site inadvertently "google-bombed" me into top organic results.) I had the PR guy for the company calling/emailing daily pleading to remove my review or buy me off. The issue is, I am very principled. If you wrong me you have a chance to rectify it, if you don't I tell everyone and anyone and I will not stop because it just plain isn't right.


I really doubt GoDaddy would want some negative press like that...then again here we are on NoDaddy.






GoDaddy,

I really will launch a thousand blogs, twitters, ad's what-have-you if GoDaddy makes this any harder than it needs to be.

 If you are reading this, it's personal for one of my lawyers as he himself has gone through this with you previously. Since I am not a lawyer, you feel you can push me around and treat me as you would a child.

We have options here and it doesn't have to be this way. Hell, I'll even consider not sharing my displeasure of dealings with you, with others I have set up domains and accounts for in the past. Otherwise, I will waste your time as you are mine, financially drain you as you will me and destroy your reputation as you assassinate my character for something as simple as transferring a domain away.

Do the right thing and transfer my domain. Cause if you don't, I will fight you to the very last penny and I will win, win, win.

Did you tell them that they're violating ICANN policy?  That's usually when they give up.

Yes I did and a Patrick M. refused to address that fact and instead told me that "I opted into godaddy's policy".


He was arrogant and pompous and part of the reason I decided to take this thing further than just waiting 60 days.

GD doesn't care that they violate ICANN policy.  They believe they are above it.  I am not joking here.  So when you say "blah blah ICANN, the person on the other end of the phone thinks 'That's all you've got? We ARE GO DADDY. The world's LARGEST register of domains.'"

Also, don't threaten to sue.  It doesn't phase anyone there and it makes you seem like you are weak.  You will just have to stand in line like every other person to sue.    Last I counted they had 5 in-house, Scottsdale-based attorneys.

The only thing that will get to GD is negative press.  I know of what I speak.  Why don't you research Standard Tactics and see how some negative press brought down an unethical practice worth millions of dollars.   Hummmmm,  I wonder who let the cat out of the bag.

I sent an email to the email address above.

UPDATE:

Got a call that my account has no blocks at all and that it was just an issue with customer service.

Likely, story. It was actively denied the first time. I'll update on the transfer status otherwise.


Thank you for all your help.

[see]

Here's the rules when you fight against GD.  It's all about letting them know you are willing to go to the highest mountain and shout about their dirty tactics.  

Don't threaten.  It won't get the effect you think it will.  In GD-world they are conditioned to actually think they are above ICANN and bullet-proof because they have a whole bunch of in-house attorneys.

Once they see NEGATIVE PRESS it will get you the results you need:


*  Send an email to OOP  -- president@godaddy.com
*  Post something on NoDaddy.com
*  Start to tweet
*  Send a press release to the Arizona Republic (local newspaper) and copy PR@GoDaddy.com on the email
*  Contact all the editors of the domainer sites, like DN Forum (hahahah --  that's Adam Dicker, VP of GD.  He is an ass and will only get involved with it has to do with one of his high dollar brown nosers.)
*  Google "GoDaddy" and post a negative comment wherever you see a place.  
.
If done properly, within 24 hours your problem will be solved.  You may get some free stuff out of them too.  Remember, be sane and civil.  Nice, media-savvy guys are always rewarded.  Use GD's greed for free press against them.

Did you tell them that they're violating ICANN policy?  That's usually when they give up.

It shows the complete uselessness of ICANN that so long after they read-the-riot-act on this that registrars (ie. GoDaddy) still do it.

Don't expect any change from ICANN now. The US Government set ICANN free without any safeguards, not that the Commerce Department was doing anything useful to begin with.

[The resolution:]

  New to the forum; have been a customer for a long time and know the ins and outs...I have owned domains for a long time as well.

First, back in the 2000's domain hijacking was running rampant, so ICANN decided to place restrictions on domain names to have better oversight over domain names; one of the things they cracked down on was time between transfers.  In an attempt to escape with the domain, fraudsters would hijack the domain from someone's account (anyone can purchase a transfer for any domain.) After successfully stealing the domain, they would transfer it to registrar 1, then 2, then 3, then 4, then 5 within 2 or 3 days, making it impossible to track the domain name, and take legal action.

The resolution:

ICANN places restrictions on transferring from registrar to registrar if it within the 60 days...in an attempt to control and prevent "Domain Hijacking". 

All of the lawyers in the world are not going to usurp ICANN policy;

"Upon denying a transfer request for any of the following reasons, the Registrar of Record must provide the Registered Name Holder and the potential Gaining Registrar with the reason for denial."

#8: A domain name is in the first 60 days of an initial registration period.
"Other reasons" Nonpayment for a pending or future registration period.

Hopefully this clears any misconceptions up, and save you the legal expense.

http://www.icann.org/en/transfers/policy-12jul04.htm for above comment reference