[gnso-rpm-wg] RPM March 15 session - questions from George Kirikos

Thu Mar 15 14:18:02 UTC 2018

NAF's answer that they "voluntarily" left the consumer arbitration business
seems incomplete. For example, consider the class-action lawsuit that
followed, which notes in one order dated August 8, 2011:

CASE 0:10-md-02122-PAM -JSM D

http://www.lieffcabraser.com/pdf/national-arbitration-final.pdf

"Plaintiffs have a strong case, as evidenced by Defendants’ settlement with
the Minnesota Attorney General for more than $30 million in the summer of
2009. " (page 2)

If there was indeed a $30 million "voluntary" payment to Minnesota, I find
that very interesting.

Sincerely,

George Kirikos
416-588-0269
http:/www.leap.com/

On Thu, Mar 15, 2018 at 10:08 AM, Lori Schulman <lschulman at inta.org> wrote:

> Moot point as question is being posed now.
>
> Lori Schulman
> Senior Director, Internet Policy
> INTA
> +1(202)704-0408
>
> On Mar 15, 2018, at 10:01 AM, Kathy Kleiman <kathy at kathykleiman.com>
> wrote:
>
> All, it is very hard to participate remotely. I have done it many times,
> and it is beyond frustrating. Let's try to understand, please. I thank
> Claudio, George and Justin for participating remotely...
>
> Best, Kathy
>
> On 3/15/2018 9:58 AM, Nahitchevansky, Georges wrote:
>
> George K.  Give it rest.  The providers are here to talk about the URS,
> period.  What you are doing is disruptive and disrespectful of the
> presenters and the WG -- and the work we are trying to do in the short time
> frame we have.
>
> *From:* icann at leap.com
> *Sent:* March 15, 2018 9:48 AM
> *To:* susan.payne at valideus.com
> *Cc:* gnso-rpm-wg at icann.org
> *Subject:* Re: [gnso-rpm-wg] RPM March 15 session - questions from George
> Kirikos
>
> These *are* questions about their practices, namely how they *differ*
> from the practices in the consumer arbitration business which they
> left, after the Minnesota Attorney General lawsuit, etc. regarding
> alleged abuses in those practices.
>
> Sincerely,
>
> George Kirikos
> 416-588-0269
> http://www.leap.com/
>
> On Thu, Mar 15, 2018 at 9:44 AM, Susan Payne <susan.payne at valideus.com>
> <susan.payne at valideus.com> wrote:
> > Actually I think we should take the opportunity of having the providers
> with us (whether in person or by phone) to get as much information about
> their processes)  That is what they were asked to prepare for and they have
> clearly spent time doing so.  It is very discourteous to MSFD and ADNDC to
> curtail their time in order to direct questions to Forum which are not
> directly related to what the three providers were asked to present on.  And
> indeed discourteous to the WG members who would like to hear from them.
> >
> > I say that not because I want to shield Forum - in fact I suspect Renee
> would appreciate the opportunity to put this long past history to bed - but
> because this is clearly something which can be done as a follow up and it
> is not directly within the scope of the purpose of this meeting with all
> three providers.
> >
> >
> > Susan Payne
> > Head of Legal Policy | Valideus Ltd
> > 28-30 Little Russell Street
> > London, WC1A 2HN, United Kingdom
> >
> > E: susan.payne at valideus.com
> > D: +44 20 7421 8255
> > T: +44 20 7421 8299
> > M: +44 7971 661175
> >
> >
> >
> > -----Original Message-----
> > From: gnso-rpm-wg [mailto:gnso-rpm-wg-bounces at icann.org
> <gnso-rpm-wg-bounces at icann.org>] On Behalf Of Kathy Kleiman
> > Sent: 15 March 2018 09:24
> > To: gnso-rpm-wg at icann.org
> > Subject: Re: [gnso-rpm-wg] RPM March 15 session - questions from George
> Kirikos
> >
> > Hi George, this is going to be a "last 10 minute" question. That's the
> space reserved for additional questions.
> >
> > Best, Kathy
> >
> >
> > On 3/15/2018 8:42 AM, George Kirikos wrote:
> >> [with the Adobe Connect down, it seems remote participants can only
> >> ask questions via email]
> >>
> >> For NAF:
> >>
> >> According to:
> >>
> >> [A]
> >> https://fedsoc.org/commentary/publications/national-arbitration-forum-
> >> settlement-with-minnesota-attorney-general
> >>
> >> "On July 20, 2009, Minnesota Attorney General Lori Swanson announced
> >> that the country’s largest arbitrator of credit-card and
> >> consumer-collection disputes would no longer handle consumer
> >> arbitrations.
> >>
> >> The National Arbitration Forum’s decision to end its
> >> consumer-arbitration business resulted from a settlement it reached
> >> with the State of Minnesota less than a week after Attorney General
> >> Swanson sued the company in Ramsey County, Minnesota, accusing the
> >> company of violating Minnesota’s consumer-fraud,
> >> deceptive-trade-practices, and false-advertising statutes."
> >>
> >> [B]
> >> https://www.creditcards.com/credit-card-news/minnesota-attorney-genera
> >> l-lawsuit-national-arbitration-forum-1282.php
> >>
> >> "The lawsuit claims the NAF, the largest arbitration company in the
> >> United States, violates state consumer fraud and deceptive trade laws
> >> by hiding its financial ties to collection agencies and credit card
> >> companies. The lawsuit also claims the company violates false
> >> advertising laws by misrepresenting themselves as a neutral
> >> organization. "
> >>
> >> My questions are: (for NAF)
> >>
> >> (1) In light of [A], how do NAF's business practices in handling
> >> domain name disputes differ from those in the consumer-arbitration
> >> business which it left, and how can domain name registrants be
> >> confident that the same abuses which were alleged in consumer
> >> arbitrations are not present in its domain name dispute business?
> >>
> >> (2) In light of [B], who are the beneficial owners of NAF, and do they
> >> have any times to the trademark industry, law firms, or anyone else
> >> that might affect its neutrality? In other words, what is the
> >> "Statement of Interest" (SOI) for NAF itself as an organization?
> >>
> >> Sincerely,
> >>
> >> George Kirikos
> >> 416-588-0269
> >> http://www.leap.com/
> >>
> >> P.S. Further background info at:
> >>
> >> https://library.nclc.org/sites/default/files/Arb10_Appx_O-1.pdf
> >> https://www.citizen.org/sites/default/files/arbitrationtrap.pdf
> >> https://en.wikipedia.org/wiki/Forum_(alternative_dispute_resolution)
> >> _______________________________________________
> >> gnso-rpm-wg mailing list
> >> gnso-rpm-wg at icann.org
> >> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
> >
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