Internet Registrations Australia Pty Ltd - s.87B undertaking

The ACCC instituted Federal Court Proceedings against Internet Registrations Australia Pty Ltd in September 2002, alleging that Internet Registrations Australia had made false or misleading representations regarding registration and renewal of Internet domain names.

On 29 November 2002 the Federal Court issued consent orders against Internet Registrations Australia (IRA) including permanent injunctions stopping IRA from engaging in the same conduct in the future, an order requiring Internet Registrations Australia to undertake a trade practices compliance program, and declarations that the conduct of Internet Registrations Australia breached relevant provisions of the Trade Practices Act 1974.

Among other things, the Court declared that IRA had made false, misleading and/or deceptive claims in breach of the Trade Practices Act by representing:

• to business that it had a pre-existing relationship or prior dealing with them;
• that it had authority to register or renew a consumer's domain name and could provide the services of registration or renewal; and that it could register ".com.au" domain names on the Internet for periods of four, six, eight or ten years, and that registration for periods over two years would involve savings;
• and a demand for payment for unsolicited domain name services.

In conjunction with consenting to the Court orders, Internet Registrations Australia undertook to send notices of corrective advertising to customers and to provide refunds to those who had been misled by their conduct.