1&1 IONOS dispute around Auto Renewals

garichd
garichd Posts: 150 Forumite
Part of the Furniture 100 Posts Name Dropper Combo Breaker
edited 7 February 2019 at 10:39PM in Consumer rights
Hello All,

I am in dispute with 1&1 ( IONOS) around Auto Renewal of domains which I never authorized.
After trawling through the web, I found countless instances of the same issue. I am creating this thread to collect all useful information to help people who are in the same position as me.

• 1&1 Auto Renewal Terms can be classed as unfair terms UCTA under OFT.
Information on unfair Auto Renewals can be found on gov.uk website here:
https://www.gov.uk/guidance/unfair-terms-explained-for-businesses-full-guide#subscriptions-and-automatic-rollovers

Specific snippet about what is classed as fair:
They give your customers the right to cancel a contract once it has been renewed, without having to pay a cancellation fee, and any requirement to provide notice of cancellation is reasonable (ie it does not have the effect of tying the consumer into the contract unfairly).

• Another Thread which explains the unfair terms:
https://www.accountingweb.co.uk/any-answers/auto-renewed-contract-is-this-legalenforceable

• Information from citizen advice around what is classed as subscription trap:
https://www.citizensadvice.org.uk/Global/CitizensAdvice/Consumer%20publications/Finaldraft-Lockedinconsumerissueswithsubscriptiontraps%20(1).pdf

• It seems government is walking up to subscription traps:
https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/media/press-releases/government-crackdown-on-subscription-traps-will-help-stop-consumers-from-losing-money-says-citizens-advice/

• ICANN specifically allows grace period of 45 days for auto renewals and if domain is deleted with in 45 days of auto renewal then registrar gets the full credit back.
https://www.icann.org/resources/unthemed-pages/registry-agmt-appc-10-2001-05-11-en

• 1&1 ( IONOS) is also in breach of ICANN policy as below :
o The registrar will not activate any SLD registration unless and until it is satisfied that it has received payment of its registration fee. For this purpose, a charge to a credit card or other mechanism providing a reasonable assurance of payment will be sufficient.
https://www.icann.org/resources/pages/policy-statement-2012-02-25-en#IIIN

Some other useful Threads from web:
consumer action group thread :
https://www.consumeractiongroup.co.uk/forum/showthread.php?143989-1-amp-1-hosting-services-DCA-s-Smith-s-arvato/page2

consumer deals
https://www.consumerdeals.co.uk/cgi-bin/forum/YaBB.pl?num=1160961253

http://www.simonjones.info/1and1internet/


I will be posting further information as I collect. Will appreciate any guidance and if anybody has any information which can be shared here.

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