January 2, 2003 -- (WEB HOST INDUSTRY REVIEW) -- The administrators of the .biz domain have agreed to pay out nearly $1.2
million to settle a class action lawsuit brought against it.
The lawsuit asserts that NeuLevel, Inc. (neulevel.biz), in conjunction with
other registrars, became unjustly enriched and violated certain unfair
competition and consumer protection laws by distributing Internet domain
names in the .biz registry by a means that constituted an illegal lottery.
Most of the settlement will go to cover attorneys' fees, as NeuLevel has
already sent millions of refunds to customers who paid an average of $5 for
a chance to win control of desirable names such as "computer.biz" when the
new domain was opened to the public.
The scheme was devised to assist NeuLevel handling the large number of
registration requests. Instead, it prompted a class-action suit disgruntled
by applicants who said the system amounted to an illegal lottery.
A California judge agreed with the applicants last autumn, and blocked
NeuLevel from issuing an estimated 58,000 disputed names.
NeuLevel subsequently paid $1.7 million in refunds to the majority of
applicants who were vying for the disputed names and made those domains
available again without an up-front fee.
The class-action settlement covers the roughly 25,000 applicants who have
not yet received refunds. The company will refund a wholesale fee of $2 per
application to those who applied for names but did not receive them.
NeuLevel will also pay almost $2 million to cover plaintiffs' attorney fees.
NeuLevel, ICANN and the registrar defendants have all denied the allegations
of wrongdoing and have denied all liability to the plaintiffs and the class
action litigants.
NeuLevel is a joint venture between NeuStar, Inc. and Melbourne IT, Ltd.