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  1. #1

    1AND1 class action lawsuit

    Who else is sick and tired of 1and1's fraudulent domain sale tactics, sending the account to collection agency without notifying the user or providing the user with an initial invoice, refusing to cancel domain name, and then refusing to credit account or unlock it. They even send bills once the domain has been trasnfered to another registrar.

    I know there are others who are having problems with them, just not worth their time to deal with it. I say we start a class action lawsuit. Who else is with me?

    Feel free to post your problems that you've had with them.

    FYI 1and1 owns 1and1sucks.net haha

  2. #2
    1&1 were fine when I was with them (6 months ago). Just be sure to unlock your domain yourself before your hosting expires.

    I was only there for 3 months which I paid upfront, though, so billing after the initial period may be different.

  3. #3
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    This is not the only time ive heard horror stories about them.

  4. #4
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    I had a collection agency letter sent to me, well my Mother as I had had the domain for a rather long time when a card became expired.

    They sent the letter to me before contacting me; then seemed to claim that they had not sent the letter from the collection agency.

    Nick
    nickcharlton.org.uk - My Tech Blog

  5. #5

    * 1and1...problems

    I have had so many problems with 1and1

    I would love to be part of a class action against them....

    Their business practices are very poor. They charge people a year in advance when they try and transfer domains...and other shady things.
    I recently wanted to transfer domains .......All of my domains were up to date....they charged me $2,000.......when I refused to pay it they turned it over to collection agency...
    Google them and see how many others this has happened to.

    They need to be stopped!

  6. In the fall of 2007, a friend and I where going to start a small local website. We found 1&1 which offered cheap hosting with all of the server specs that we needed. I purchased 6 months of hosting from them using my CC. Unfortunately our website did not last any longer than a few months, and by the time those 6 months where up I no longer needed the hosting. Thinking that the host would simply expire (unless I authorized another payment) I just let it go, only to see a charge for another $29.95 on my bank statement.

    I called them, and was sent to cancel.1and1.com (a URL that is suspiciously absent from their website) and followed the instructions to cancel the account. I requested that the site be canceled at the next billing date (figured I could use it as a development server or something since I had already paid for it).

    In January of 2008 (1/22/2008 to be exact) I received yet another charge from them! I called again explaining my situation, and said I had tried to use the online cancellation form but apparently the account was not canceled. The customer support representative requested information from me, and verified that he had personally canceled the account and that I would be receiving a full refund. I was satisfied (at the time) and rather naively forgot about the whole ordeal.

    Today (July 22, 2008) I received ANOTHER charge for another 6 months of hosting. Keep in mind I haven't used this account since January . . . I requested a refund for January - July (as I didn't want, nor did I use this account). I was told my name wasn't on file and therefore I couldn't cancel it. Despite the fact that I was told the account was canceled twice, and I had the credit card information, billing address, and security questions (among other things) to prove I was the owner of the account.

    One representative in particular even yelled at me, and basically told me I was incompetent. So I asked to speak to her supervisor. Her supervisor wasn't any more helpful and he told me: "I will not be canceling your account and I will not be giving you a refund. I'm not continuing this conversation" and hung up on me.

    I have filed a credit dispute with my bank, and had to change my credit card number to prevent them from charging me again. I also filed a complaint with the BBB (not surprisingly they have an 'unsatisfactory' rating there), The Federal Trades Commission, and sent a letter to the Attorney General.

    I'll back any action against 1&1, their business practices are absurd.

  7. #7
    I've been screwed over by 1AND1 also for the same reasons mentioned in this thread. PLEASE include me in any class action lawsuit. I'm willing to give testimony or do anything else to take this law-breaking company down.

    E-mail: loveacrossborders (at) gmail (dot) com

  8. #8
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    I have no experience with 1&1, so I can't comment on their services, but I did find this interesting little clause in their Terms & Conditions:

    21.5

    Neither you nor 1&1 may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. YOU AND 1&1 ACKNOWLEDGE THAT THIS SECTION 21.5 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION
    Interesting, wot?

  9. Quote Originally Posted by Syd_M View Post
    I have no experience with 1&1, so I can't comment on their services, but I did find this interesting little clause in their Terms & Conditions:



    Interesting, wot?
    That's actually very interesting. Is that legal? I mean, if you have reason to file a class action lawsuit after the fact would this prevent you from actually filing it?

    In either case, they are a terrible company . . . they 'processed my refund' but as of yet I haven't seen it. I'll give it a few more days.

  10. #10
    it will be best to let the lawyer determine if there is any exceptions to that clause

    in my country, the sale of goods act determine that a buyer has the right to expect reasonable quality in the goods (or services) received

    from what that was posted here, it appears that the service is 'unreasonable'...still a preliminary consultation with a lawyer might be useful to determine if there is any case

    besides if you have actually cancelled your account and you have the documents to prove it, and they proceed to charge your account again and again, it will be at best negligence, at worst fraudulant.

  11. #11
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    Man, when will 1and1's reign of terror end? They've been rampaging through the hosting industry for years now destroying peoples web sites and nobody has been able to touch them.

  12. Quote Originally Posted by kakowi View Post
    it will be best to let the lawyer determine if there is any exceptions to that clause

    in my country, the sale of goods act determine that a buyer has the right to expect reasonable quality in the goods (or services) received

    from what that was posted here, it appears that the service is 'unreasonable'...still a preliminary consultation with a lawyer might be useful to determine if there is any case

    besides if you have actually cancelled your account and you have the documents to prove it, and they proceed to charge your account again and again, it will be at best negligence, at worst fraudulant.
    Yea. As I already stated I canceled twice . . . I had a 6 month contract, so after my first cancellation I simply forgot about it. Neglecting to keep any emails that verified my cancellation. 6 months later I was charged again . . . I called to cancel by phone, they verified my cancellation (this time no email or paper work) and I was charged AGAIN! This time I saved ALL paper work, customer service names, times . . . etc etc. Still no refund :/ I wouldn't think to much about it, but I've spoken to a few people who where 'given a refund' only to never actually get said refund.

  13. #13
    Warez is good with them

  14. #14
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    Quote Originally Posted by Gofree View Post
    Warez is good with them
    Is that supposed to be a positive point?

  15. #15
    Yes as most warez hosting won't last a heck as 1and1!

  16. #16
    Gofree, I think Dolbz was trying to pointing out that Warez sites aren't exactly legal!! Regardless if 1and1 host them or not!
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  17. #17
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  18. #18
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    I'll not be a part of any class action lawsuit but I wish you all luck - I had the letters from a collection agency 7 years ago and even endured my primary domain name pointing to another entirely different website for 3 months. Of course, they hadn't done anything wrong and it was all my fault. A letter from my local MP sorted it eventually.

    Let's face it, 1and1 can do anything they want and they are above the law and bad press and/or reviews will do nothing for the cause because they have loads of money to spend on advertising and lawyers. Kind of like some broadband suppliers in the UK at the moment; no names mentioned, cough, AOL.

    Like I said, though, GOOD LUCK!

    Sincerely, Richard.

  19. #19
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    Quote Originally Posted by netearth View Post
    Gofree, I think Dolbz was trying to pointing out that Warez sites aren't exactly legal!! Regardless if 1and1 host them or not!
    Yup since warez sites aren't legal I think 1and1 will fit right in with them. 1and1 is a joke someone with a nite BN can just keep taking them down

  20. #20
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    Quote Originally Posted by Syd_M View Post
    I have no experience with 1&1, so I can't comment on their services, but I did find this interesting little clause in their Terms & Conditions:

    21.5

    Neither you nor 1&1 may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. YOU AND 1&1 ACKNOWLEDGE THAT THIS SECTION 21.5 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION

    Interesting, wot?
    thats actually total [email protected] in ANY country.

    noone can enter clauses to ANY kind of agreement or contract that may void people's legal rights to sue.

    in many countries, such clauses void the ENTIRE contract, if the contract doesnt contain an additional clause saying that in case a part of contract is not compliant with the law and void, rest of the items will still be valid.

    that language is just put there to scare off those who are ignorant. noone can put a clause in anything and take your right to seek justice away from you.

  21. #21
    We are also victim of this worst company, we are in India, suppose if this company is in India surely i might have arranged some people and thrashed their office without doubt.

    Their practice of selling domains by forcing, not allowing to change to other domain registrant are totally illegal, i dont know why people from their country allowing this sort of companies to exist, if any thing happens here that company director might be in hospital many years before.

    I know the way i wrote this thread is wrong but its my actual thinking about this company, please people in abroad try to do something to stop that company.

  22. #22
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    It looks like no one is doing anything about them & one of the reasons, is b/c no lawyer will take on the case unless there is a lot of money to be made off of them & whenever is complaining about $10, $30, even $100, it's not worth their while to start a class action law suit.

    The other day a woman at ICAAN hung up the phone on me after I accused ICAAN of doing nothing to stop 1and1 & how complaints about 1and1 to ICAAN date back as far as 2005, so I'd say that ICAAN is either being paid off, or they are just making too much money off of 1and1 to care.

    They also said I couldn't do anything b/c (get a load of this excuse) 1and1 technically owns my domains since I have privatization & so the contact info points to 1and1, not me.

    Everyone knows that privatization is just a feature & in NO WAY means that the company it's pointing to owns the domain, but this seems to be a great way for a fraudulent registration company to get a hold of your domains & keep them after YOU PAID FOR THEM.

    Lovely

    Dindi, what did they do to you? I didn't know they have a sister company in India. Did you register domains with 1and1?


    Michelle

  23. #23
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    Quote Originally Posted by ep2002 View Post
    They also said I couldn't do anything b/c (get a load of this excuse) 1and1 technically owns my domains since I have privatization & so the contact info points to 1and1, not me.
    Under ICANN rules, the registrant is the one listed as Registrant, if you use a Private whois service, the legal registrant is the privatization service, and NOT YOU, you MAY BE (and may not be) the owner based only on a private contract between you and the private whois service company, you are giving the ownership to other company that promises you to give the ownership back to you when you wish, but in fact, the legal registrant is the one in the whois.

    According to ICANN rules you have no relationship with the domain, put your name and address in the whois and you'll be the real registrant.
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  24. #24
    Quote Originally Posted by elmister View Post
    Under ICANN rules, the registrant is the one listed as Registrant, if you use a Private whois service, the legal registrant is the privatization service, and NOT YOU, you MAY BE (and may not be) the owner based only on a private contract between you and the private whois service company, you are giving the ownership to other company that promises you to give the ownership back to you when you wish, but in fact, the legal registrant is the one in the whois.

    According to ICANN rules you have no relationship with the domain, put your name and address in the whois and you'll be the real registrant.
    Interestingly, ICANN's registrar accreditation agreement states registered name holder, and not registrant.

  25. #25
    They dont have any sister company in India if its there i might have done everything to them.

    I had registered online only.

  26. #26
    1 and 1 is the worst company I have ever done business with. I would be interested in a class action against 1and1. They did the same thing to me by renewing several of my expired domains without my permission, then they try to collect the money using a collection agency. I doubt they can stop class action even it's in their user agreement, otherwise, every company out there would put up the same damn clause and do whatever they want. Count me in for class action against 1and1. Thanks.

    By the way, I also did an online search. There are literally thousands of people are victims of 1and1 unethical business tactics in the similar way. A class action lawyer could easily collect hundreds of testimonies from these victims if not thousands. No doubt a class action will prevail.
    Last edited by sirius; 08-26-2008 at 05:48 PM.

  27. #27
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    Quote Originally Posted by tokenwww View Post
    A class action lawyer could easily collect hundreds of testimonies from these victims if not thousands. No doubt a class action will prevail.
    So what are you waiting for? Get the ball rolling!

    Sirius
    I support the Human Rights Campaign!
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  28. #28
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    I think you need to get a site or some thing together that will bring all those people together that got screwed by this company. Because if you just goto a lawyer with your info he's most likely not goin to do anything.

  29. #29

    Response to Sirius

    Quote Originally Posted by sirius View Post
    So what are you waiting for? Get the ball rolling!

    Sirius
    dmlanger is the person initiated this thread. I'm waiting for his response. If he no longer wants to take the lead, I will. Sirius, are you also interested?

  30. #30
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    I'm now trying to get 1and1 to let me move my domains that aren't in dispute to Go Daddy.

    Billing said I could, of course tech support doesn't know their a** from a hole in the wall, so first they say ok, then they say they can't b/c my account is locked.

    I've also faxed ANOTHER letter to whomever trying to pay the domains that I do want to renew & getting them to take off the domains I cancelled from the invoice.

    She's trying to tell me I should pay & then they will refund me. LOL, yeh right.

    Here's another thing that's interesting.

    [email protected] is now asking me for my p/w in order to verify who I am b4 they will unlock those domains & give me the authorization code.

    I said no bloody way am I giving you my p/w & you should NEVER be asking for that anyway & how in the world are you able to see my p/w??? That goes against security 101 for any website.

    No one in that company should have access to my p/w, it should have been encrypted, so people, just let it be known that 1and1 has access to your p/w when they shouldn't.


    Michelle

  31. #31
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    You are correct they should not be asking for your pw they should be able to get into your account without it. They can ask what your address and account number and email is to see if it is you or not.

  32. #32
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    Quote Originally Posted by tokenwww View Post
    1 and 1 is the worst company I have ever done business with. I would be interested in a class action against 1and1. They did the same thing to me by renewing several of my expired domains without my permission, then they try to collect the money using a collection agency. I doubt they can stop class action even it's in their user agreement, otherwise, every company out there would put up the same damn clause and do whatever they want. Count me in for class action against 1and1. Thanks.

    By the way, I also did an online search. There are literally thousands of people are victims of 1and1 unethical business tactics in the similar way. A class action lawyer could easily collect hundreds of testimonies from these victims if not thousands. No doubt a class action will prevail.
    class action lawsuits only make the lawyers richer, very rarely it trickles down to the people who deserve it the most

  33. #33
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    Quote Originally Posted by txtRegistrar View Post
    class action lawsuits only make the lawyers richer, very rarely it trickles down to the people who deserve it the most
    its about punishing the wrongdoer. not making the consumers rich.

  34. #34
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    i told you noone could take your right to seek justice by putting totally STUPID and malicious clauses in any contract :

    http://news.slashdot.org/article.pl?.../08/31/1225252

    The Seattle Post-Intelligencer is running a story about a recent ruling from the Washington State Supreme Court, which decided that AT&T's service agreement was not capable of waiving a customer's right to file a lawsuit against the company. The full opinion (PDF) is also available. From the conclusion: "AT&T's Consumer Services Agreement is substantively unconscionable and therefore unenforceable to the extent that it purports to waive the right to class actions, require confidentiality, shorten the Washington Consumer Protection Act statute of limitations, and limit availability of attorney fees. ... Courts will not be easily deceived by attempts to unilaterally strip away consumer protections and remedies by efforts to cloak the waiver of important rights under an arbitration clause."

  35. #35
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    But I can't do that unless I have access to my account, right?

    Which we know I don't have.

    Great, no one ever told me this is the deal with privatization, & I refuse to use my home address & phone number so the entire world has access to my personal information.


    Michelle

    Quote Originally Posted by elmister View Post
    Under ICANN rules, the registrant is the one listed as Registrant, if you use a Private whois service, the legal registrant is the privatization service, and NOT YOU, you MAY BE (and may not be) the owner based only on a private contract between you and the private whois service company, you are giving the ownership to other company that promises you to give the ownership back to you when you wish, but in fact, the legal registrant is the one in the whois.

    According to ICANN rules you have no relationship with the domain, put your name and address in the whois and you'll be the real registrant.

  36. #36
    I purchased some cheap .info's there a few months ago but I was not thrilled to find you can only change one domains name server at a time plus the wait for the name servers to change was half a day or more before it got out of pending status which is unbelievable in this decade. That is enough to really annoy anyone so I will be transferring them out very soon.
    hosting is ongoing

  37. #37
    I purchased a domain through their site. Only to be told I had purchased a domain that was already owned. I was not impressed.

    However 1&1 is almost a million times better than webfusion

  38. #38
    Heh, this thread does not surprise me.

    Quote Originally Posted by barlettaborn View Post
    However 1&1 is almost a million times better than webfusion
    That's not saying much at all.
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  39. #39
    Hi,
    I am another victim of 1and1's auto renewal scam. The first batch went to NCO and I paid it - around 350 - but wrote them and let them know that I did not want any more domains renewing and I wanted my entire account closed. I even told them they could have the domains.
    Low and behold I get a call in Feb from NCO that I owe another 1450. At the time I didn't realize the thousands of posts online of others who were victims of this crap. I didn't hear from them, but Wednesday I ran a credit report and they are ALL over it, almost ten separate accounts that are extremely past due. Each one is under 60 dollars.
    Today I get a call from NCO and he was pissed saying he was trying to help me and I dont pay my bills and I have money to do things so why not pay them...I mean it was ridiculous, so that is why searched online and found a 'secret society' of 1and1 victims...

    They are messing up my life by ruining my credit report...it's not right...They are not a creditor of mine...I have to fight this...This organization should not be allowed to function in this manner..

    Thanks

  40. #40
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    Sorry to hear of your plight.

    Nothing I can suggest b/c it never went to collections on my end, & I managed to get most of my domains out of there.

    No one has even tried to start a class action so, the crimes will continue <sigh>

    Good luck


    Michelle

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