Domain Manage

Trading Standards????

Discussion in 'Domain Name Disputes' started by grantw, Dec 22, 2006.

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  1. grantw United Kingdom

    grantw Well-Known Member

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    This is probably in the wrong section but hey...... I've just had trading standards on the phone claiming that (following a complaint) one of my parked domains is breaking some european law because my contact details are not displayed on the site. I've tried explaining that the domain is simply forwarded to a site (namedrive) that I have no control over and is nothing to do with me but they're having none of it.

    Is every parked domain breaking this law or have trading standards gone bonkers?? Anyone else had this?

    Grant
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. rob

    rob Founding Member

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  4. sneezycheese

    sneezycheese Active Member

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    It's probably linked into the Distance Selling Regulations: Office of Fair Trading (OFT) - Distance Selling Regulations - but you're not doing the selling, so I can't see the issue for you. I do however see a possible issue for the parking provider if their details have not been provided.

    Regards,

    Sneezy.
     
  5. grantw United Kingdom

    grantw Well-Known Member

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    Yep, would like to know which freak took the time to cmplain to trading standards. The woman as TS is quoting a paragraph from the Distance Selling Regulations - but as I explained to her I'm not selling anything? However your link suggests that she may be right, however it is NOT my website, the domain is forwarded to namedrive.

    As I said to TS, if I forwarded this domain to a friends website would they be forced to put my name and address on it even though it has nothing to do with me??

    Grant
     
  6. sneezycheese

    sneezycheese Active Member

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    Grant - don't worry about Trading Standards - it's not your problem.

    I'd be more worried about the complaint - I'm guessing that it's quite likely that the person doing the complaining will either be looking to DRS you, or serve you notice to hand over the domain for some reason - sorry! :(

    Regards,

    Sneezy.
     
  7. olebean

    olebean Well-Known Member

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    I would be concerned who gave TS you phone number
     
  8. grantw United Kingdom

    grantw Well-Known Member

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    If that's the case though they could have just checked the whois which is public or emailed me through the namedrive contact form! Bizarre....

    I've just spoken to them again and explained that as the owners of the pages, Namedrives contact details are reachable from my landing page but they still insist that my name/address should be on the contact page even though I am not actually selling any products / have no customers / have nothing to do with the pages..........

    If what she is saying is correct then this opens further issues with forwarding/nameserver change - forwarding the domain shows that the destination is not your site whereas nameserver change suggests that the site belongs to the domain owner??? She's now toddled off to ask someone elses opinion and is getting back to me after xmas.

    I will email Ed and highlight this thread, see what he reckons.



    Grant
     
    Last edited: Dec 22, 2006
  9. grantw United Kingdom

    grantw Well-Known Member

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    I recieved a letter from TS and called them back.

    Grant
     
  10. sneezycheese

    sneezycheese Active Member

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    ...It wouldn't suprise me, as I know someone who is a Nominet Member and Tag Holder and doesn't even know what the Whois Database is!!! :eek:

    Like I said, I don't think it's something for you to worry about. I'd probably write T.S. a letter explaining the technical aspects of the parking relationship and explain it's not your problem.

    If you're up for a good read:

    Statutory Instrument 2000 No. 2334

    The Consumer Protection (Distance Selling)(Amendment) Regulations 2005

    Regards,

    Sneezy.
     
  11. NameDriver

    NameDriver NameDrive Staff

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    Hi guys,

    This is certainly an interesting new change.

    First-off, I don't believe this falls under the Distance Selling Regulations:

    None of this is being done on the parked page, but on the results page.

    However, the new regulations pose an interesting question.

    Now then, our company's website is NameDrive.com. It is a US company. On the Out-Law page, it says
    The question therefore is posed: Who owns and is running these websites? Is that person acting as a company? You own the domains, we host them, Google puts the ads on. Does the new regulation affect any or all three of these?
    My feeling is that, if you as a domainer and domain owner are acting as a company, then you may well be obliged to show this information.
    Our larger German users have asked us for some time to place this information on their pages as a separate link at the bottom. In Germany, it is called an Impressum and must appear on every German site.

    I will be perfectly honest and say that I am in no way an expert to be consulted on this UK regulation. I was asked for my opinion and this is it. I would be very interested in anyone else's findings / opinions on this matter.

    If any of you would like to add a link to this information on your pages we are:
    a) Very happy and capable of doing so
    b) Adding a new part to the front office (originally for our German customers) where users can upload their own information of this sort without having to go through us.

    For now though, contact me and we can get something up for you. I'm in the mountains of Austria till Jan 7th, but they appear to have broadband, so I'll be able to help you out before 1st January 2007.

    Hope you all have a great Christmas and New Year.

    Ed
     
    Last edited: Dec 22, 2006
  12. olebean

    olebean Well-Known Member

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    Grant

    TS know bugger all, they are a toothless tiger in short tell them to sod off... Lets face what are the gong to do about it?

    OB
     
  13. lesurf

    lesurf Active Member

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    lol....the prisons are full now anyway in the UK!
     
  14. grantw United Kingdom

    grantw Well-Known Member

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    LOL - They have basically said that if its not sorted I will face a fine, that is I may face a fine depending on whether they can decide if what they are saying is correct or not!

    Grant
     
  15. mofo

    mofo Active Member

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    I know this is a serious discussion but I can just imagine it in court.

    ..... your honour, Mr G W****r is selling 20" dild*s on his website and did not disclose his home address ......

    :mrgreen:
     
  16. grantw United Kingdom

    grantw Well-Known Member

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    LOL, the TS letter didn't state the offending domain name and I was seriously expecting to be discussing my sex shop site with the female TS officer - that's my only site that has sales that are actually processed by myself. Was quite relieved when she told me the domain name in question.........

    Grant
     
  17. olebean

    olebean Well-Known Member

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    lol still... You are not being paid to educated them. The contact ive had with TS they don't know their T from their A... I'd still ignore them..
     
  18. Brassneck United Kingdom

    Brassneck Well-Known Member

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    Grant

    Is there anymore news on this?

    Stephen.
     
  19. grantw United Kingdom

    grantw Well-Known Member

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    No news as yet, I'm expecting a call back from them soon. To be honest I didnt have the actual regulations in front of me when I first spoke to them, the part they are quoting is from the e-commerce regulations 2002, it's a small section at the back of the distance selling regulations.

    http://www.oft.gov.uk/NR/rdonlyres/1E6F3C94-8BB0-4374-A65B-6281E030C3C9/0/oft698.pdf

    Page 32 - the online version of this booklet looks like an older version and is worded slightly different.

    I still think they're wrong..................

    Grant
     
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