Stolen CC.com in my posession - Escrow.com, Netsol and FBI involved

[jberryhill]

didn't return my email, or my phone calls, or anything in regards to the letter my lawyer sent

Are you surprised by that?

I was also advised that it would cost me far too much money to sue them in Virgina

While "too much" is a relative and subjective quantification of "a non-zero amount of money", if the name was stolen, I could have, and did, tell you that you were SOL for free, which is less than what you spent on the letter that NSI tossed in the trash.

At least you were properly advised that you'd have to sue then in VA, in accordance with the terms of service forum selection clause. Since your lawyer apparently didn't read much of the rest of the terms, it's almost a surprise he got that part right.

Of course the first thing to do when receiving a threat of legal action is to a quick records and asset check on the person sending it. That's a fairly reliable indicator of whether they might have enough disposable cash laying around to spend a couple of ten grand on a lawsuit over a domain name that cost them less than that.

I believe questioning his sincerity is not what we are discussing here, but rather how this can and should legally play out, based on the scenario he gave us.

I'm not questioning anyone's sincerity, as noted by the "if" in my statement about whether or not NSI believed there was fraudulent activity. Now, this whole notion of what "NSI believes" is kind of a silly concept. Most of their operations are in Northern VA. Fraud investgation is in eastern Pennsylvania, and chunks of customer support are in Canada. They are responsible for the management of several tens of millions of domain names. That any one person at NSI knows what is going on with any one of them in response to phone call number 172 that day, is a pretty high expectation.

Maybe I might sound a little flippant, but if I had a dime for every person that wanted to sue NSI , and then ran aground on the terms of service, I'd be pretty well off. And, please, sex.com involved facts about the domain registration system, and the pertinent terms of service, to put a finer point on it, that are utterly irrelevant today. If NSI investigates a name transfer, and determines that the name was stolen, the name is going back.

As far as anything NSI customer support may say at any time, you might just as well get yourself a Magic 8-Ball, ask it your NSI support questions, and save wear and tear on your telephone.

I just think it's pretty sad that there was an attorney somewhere willing to take a few bucks to write a pointless letter which, it is utterly clear, will never be answered to the sender's satisfaction and, even if it is answered, the answer is absolutely predictable - "According to the terms of service.... yadda, yadda, yadda." Getting a threat letter is not a big deal for NSI or any other registrar. They all get them by the bagload every day.

 

[Jacksplat]

What measures can be taken to prove identity over the internet?

Moniker.com's escrow service confirms the identity of buyer/seller by faxing identification.

ID's can be fraudulent but it does help. With escrow.com and sedo.com I don't recall ever confirming my identity (long time since I signed up there, but dont recall a big deal confirming my ident)

 

[mkellerman]

This is exactly why I so very much like Fabulous.com as they set levels of security on top of simple emails and only you will know what those are !!
I am surprised that GoDaddy and others dont introduce system like Fabulous as well.

DG

Could you give more details about that please. How does it work? (Is there something on the Fab website about it?)

 

[Kventures]

This case is looking worse and worse

looks like I will soon be out 10,000$

 

[whitebark]

Sorry to hear that Robert

 

[domainplus]

So whats the progress ? Any updates ?

If you run out of it it will be very sad..

 

[Kventures]

The domain has been returned to the "previous owner"

and I have not seen the money yet, nor does it look like NetSol is looking into this any longer

 

[Vutos]

What scumbags!!! Id try and find out where netsol is based and bring a lawer or set a court date or something $10,000 is not chump change it's a good amount of money.

 

[domainplus]

The worst thing is that it was bought for 10,000 at which time Robert thought it was a bargain...Never know what it may sell out for now...

 

[Warrior]

Did you file a police report after this happened? Or contact the District Attorney's office in Virginia? I know that in California, anything over $5000 is considered a felony.

Sorry, I meant anything over $500

How do you edit your posts here?

 

[Dave Zan]

What scumbags!!! Id try and find out where netsol is based and bring a lawer or set a court date or something $10,000 is not chump change it's a good amount of money.

http://www.networksolutions.com/legal/static-service-agreement.jsp

Network Solutions, LLC, Attention: Legal Department, 13861 Sunrise Valley Drive, Herndon, Virginia 20171

So...one should sue Network Solutions over $10k that's paid to someone else,
all over an item stolen from its owner?

 

[Poohnix]

How do you edit your posts here?

It's not possible to edit posts in the legal section.

.

 

[tinner666]

A fricking crock! Sorry Robert. Hope you're wrong and get it back somehow.

 

[Kventures]

http://www.networksolutions.com/legal/static-service-agreement.jsp



So...one should sue Network Solutions over $10k that's paid to someone else,
all over an item stolen from its owner?

Whenever you explicitely contacted NetSol to make sure that everything was good with the domain name, and they told me that YES the domain has no problems, here let me move it in your account... then yes, they should have SOME liability here

 

[Warrior]

Whenever you explicitely contacted NetSol to make sure that everything was good with the domain name, and they told me that YES the domain has no problems, here let me move it in your account... then yes, they should have SOME liability here

What if Network Solutions found out about the name being stolen "after" the fact? Would you say they still have some liability?

When you speak to a rep of "any" company, they try to adhere to the CYA rule.

Cover Your ***

 

[Kventures]

What if Network Solutions found out about the name being stolen "after" the fact? Would you say they still have some liability?

When you speak to a rep of "any" company, they try to adhere to the CYA rule.

Cover Your ***

I covered my *** to the best of my abilities, I "made sure" I was dealing with the real owner by emailing the whois of the email. I called up netsol to ask them why there was a "temporary lock" on the domain, and they told me it was just precautionary and that everything with the domain was fine. I used escrow.com as a means of payment.

And I am the only one who gets screwed at the end?
how does that make sense?
how much better could I have covered my ***? seriously now...

 

[DNP]

I "made sure" I was dealing with the real owner by emailing the whois of the email.

For how long this "real owner" owned the name?

 

[Warrior]

how much better could I have covered my ***? seriously now...

To follow up with what DNP asked, Did you do a Whois history check at Domain Tools?

 

[TheLegendaryJP]

The issue with Netsol as I see it is they removed the name from Robert based solely on the CLAIM of the other party. I believe the case should have been placed on the one making the claim, evidence it was stolen. Just because I call netsol/legal notice whatever should not result in a name being taken at that point from the current owner who can clearly show a purchase was made.

I am not aware of HOW this individual convinced netsol to give back a name. Let me pick out a name I see sold recently call up netsol claim it was stolen from me and get it back, ridiculous !

I feel for you Robert.

 

[jberryhill]

they removed the name from Robert based solely on the CLAIM of the other party

How do you know that's all they had to go on?