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    old MSP won't give up domain name

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    • scottalanmillerS
      scottalanmiller @Mike Davis
      last edited by

      @Mike-Davis said in old MSP won't give up domain name:

      It was billed for. On the domain registration, they put in the rightful company name, address, and phone. The only piece of information that points to the MSP is the email address.

      Do you have a copy of that paperwork and proof of payment? If so just give that to the lawyer and your job is done.

      1 Reply Last reply Reply Quote 1
      • scottalanmillerS
        scottalanmiller @coliver
        last edited by

        @coliver said in old MSP won't give up domain name:

        @Mike-Davis said in old MSP won't give up domain name:

        It was billed for. On the domain registration, they put in the rightful company name, address, and phone. The only piece of information that points to the MSP is the email address.

        Wow... and the registrar won't give them access to it? That's crazy.

        They will give the owner access to it of course. The issue is that Mike's customer is not the owner. The MSP is.

        1 Reply Last reply Reply Quote 0
        • scottalanmillerS
          scottalanmiller @Mike Davis
          last edited by

          @Mike-Davis said in old MSP won't give up domain name:

          It was billed for. On the domain registration, they put in the rightful company name, address, and phone. The only piece of information that points to the MSP is the email address.

          Wait. The billing address, bills and all that are not the MSP?

          1 Reply Last reply Reply Quote 0
          • Mike DavisM
            Mike Davis @coliver
            last edited by

            All the addresses are NOT the MSPs. They are the right addresses. It's just the email address that is wrong.

            For all three contacts, the registration looks like this:

            Registrant Name: Legit CO.
            Registrant Organization: Legit CO.
            Registrant Street: Legit Street 300
            Registrant City: LegitTown
            Registrant State/Province: NEW YORK
            Registrant Postal Code: xxxxx
            Registrant Country: US
            Registrant Phone: +1.legit
            Registrant Phone Ext:
            Registrant Fax:
            Registrant Fax Ext:
            Registrant Email: [email protected]

            So the only thing not correct is the email address. It's also not helping that they registered it to a company name, and not a person's name. The owner's last name is the company name, but apparently that's not enough.

            1 Reply Last reply Reply Quote 0
            • scottalanmillerS
              scottalanmiller
              last edited by

              Owners name being the company name cannot possibly be a factor. That would be completely illegal.

              1 Reply Last reply Reply Quote 0
              • A
                Alex Sage
                last edited by Alex Sage

                Sue the old MSP in small claims court.

                It will cost you about $75 bucks, but it will likely get you your domain back without even having to go to court.

                scottalanmillerS 1 Reply Last reply Reply Quote 0
                • scottalanmillerS
                  scottalanmiller
                  last edited by

                  The email address alone should not be a problem. But they do have a point as the MSP registered as their email being the official domain of the company. So there is a conflict there. But they can prove that they are the company so I agree that this is weird. What if that MSP went out of business?

                  1 Reply Last reply Reply Quote 1
                  • Mike DavisM
                    Mike Davis
                    last edited by

                    I was thinking a phone call or letter hinting at legal action may be enough. If they have to go to court, it would be hard not to sue for breach of contract when he charged them patching systems that haven't had patches available for 2 years.

                    scottalanmillerS 1 Reply Last reply Reply Quote 2
                    • scottalanmillerS
                      scottalanmiller @Alex Sage
                      last edited by

                      @aaronstuder said in old MSP won't give up domain name:

                      Sue the old MSP in small claims court.

                      It will cost you about $75 bucks, but it will likely get you your domain back without even having to go to court.

                      Not sure how to determine the value. Small claims may not be the way to go. This is identity theft and could represent tens of thousands of dollars of value.

                      A 1 Reply Last reply Reply Quote 0
                      • JaredBuschJ
                        JaredBusch
                        last edited by

                        Yet another example to reinforce the ethical standards @Bundy-Associates holds themselves to.

                        1 Reply Last reply Reply Quote 3
                        • scottalanmillerS
                          scottalanmiller @Mike Davis
                          last edited by

                          @Mike-Davis said in old MSP won't give up domain name:

                          I was thinking a phone call or letter hinting at legal action may be enough. If they have to go to court, it would be hard not to sue for breach of contract when he charged them patching systems that haven't had patches available for 2 years.

                          Don't do that. Threatening legal action is always wrong unless it is a lawyer doing it.

                          1 Reply Last reply Reply Quote 1
                          • A
                            Alex Sage @scottalanmiller
                            last edited by

                            @scottalanmiller said in old MSP won't give up domain name:

                            This is identity theft and could represent tens of thousands of dollars of value.

                            :rolling_eyes:

                            scottalanmillerS 1 Reply Last reply Reply Quote 0
                            • Mike DavisM
                              Mike Davis
                              last edited by

                              It might not be easy finding a lawyer that knows what a domain name is around here.

                              1 Reply Last reply Reply Quote 0
                              • scottalanmillerS
                                scottalanmiller @Alex Sage
                                last edited by

                                @aaronstuder said in old MSP won't give up domain name:

                                @scottalanmiller said in old MSP won't give up domain name:

                                This is identity theft and could represent tens of thousands of dollars of value.

                                :rolling_eyes:

                                Small claims now could limit legal options in the future.

                                A 1 Reply Last reply Reply Quote 0
                                • A
                                  Alex Sage
                                  last edited by

                                  On second thought, a certificated letter might do the trick too. But I agree with @scottalanmiller one from a lawyer would be better 😉

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                                  • IRJI
                                    IRJ
                                    last edited by

                                    I am not sure that the Customer can legally do anything. Old MSP could always say they were renting use of the domain name (which would be perfectly acceptable). Unless there is documentation that says 100% clearly that the Customer owns the domain name, I think legally you are in trouble.

                                    Anyone can buy any domain name. You don't need a registered business to snag a domain name.

                                    P.S. I would create a full backup of the website IMMEDIATELY

                                    scottalanmillerS 1 Reply Last reply Reply Quote 1
                                    • A
                                      Alex Sage @scottalanmiller
                                      last edited by

                                      @scottalanmiller I understand that, but 95% of the time it causes the other party to act right. You can always drop the case before the court date.

                                      scottalanmillerS 1 Reply Last reply Reply Quote 0
                                      • scottalanmillerS
                                        scottalanmiller @IRJ
                                        last edited by

                                        @IRJ said in old MSP won't give up domain name:

                                        I am not sure that the Customer can legally do anything. Old MSP could always say they were renting use of the domain name (which would be perfectly acceptable). Unless there is documentation that says 100% clearly that the Customer owns the domain name, I think legally you are in trouble.

                                        Anyone can buy any domain name. You don't need a registered business to snag a domain name.

                                        P.S. I would create a full backup of the website IMMEDIATELY

                                        Yeah. This is what I was hinting at. Unless they have absolutely clear billing on this, they don't appear to be the owner. Vendors paying for things like this and renting them to SMBs who don't want to pay up front isn't unheard of. It's a valid business model and I've certainly seen it happen.

                                        A 1 Reply Last reply Reply Quote 0
                                        • scottalanmillerS
                                          scottalanmiller @Alex Sage
                                          last edited by

                                          @aaronstuder said in old MSP won't give up domain name:

                                          @scottalanmiller I understand that, but 95% of the time it causes the other party to act right. You can always drop the case before the court date.

                                          I've ever tried it. The fear here is that they will lose.

                                          A 1 Reply Last reply Reply Quote 0
                                          • scottalanmillerS
                                            scottalanmiller
                                            last edited by

                                            Also get another domain name and prep for a switch over. Every minute counts if they want to mitigate identity theft damage. They have to be prepared in case they lose the suit.

                                            1 Reply Last reply Reply Quote 1
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