Domain Name News

Oversee Settles “Halvarez” Class Action and Nelson Brady Suit

Posted: 26 Oct 2010 11:26 AM PDT

The class action case Resmer vs. SnapNames.com has been settled. Under the terms of the settlement, the class members will be given the same rebates that were issued by Oversee last November. The rebate offer has been extended to all class members until December 17, 2010. More details can be found at the website www.snapsettlement.com

I think you could call this the best news Oversee could have received on this class action. Clearly, the company handled the clean up well early on by issuing these rebates to all affected customers. If they hadn’t there may have been a more enticing settlement for these class action members.

The company also has settled their case with Nelson Brady, aka Halvarez, but terms of this settlement were not provided.

Oversee.net press release can be seen after the jump

SnapNames and its parent company, Oversee.net, have reached a preliminary settlement of Resmer vs. SnapNames.com and Oversee.net, a class action filing arising from a former employee's improper bidding activity on the SnapNames platform. The action was filed in California shortly after SnapNames announced its rebate program for affected customers last November.

Under this settlement:

· Class members (which are United States residents who were extended the rebate offer but have not yet accepted) have been or shortly will be notified of the settlement terms and amounts (which are identical to the amounts affected bidders were offered in the rebate offer we extended last November).
· Though our rebate program officially expires November 4, 2010, the deadline to make a claim as a member of the class is December 17, 2010.
· Unless a class member opts out of the settlement, that member is bound by the settlement terms, which include a release of all further claims against SnapNames and Oversee relating to the "Halvarez" matter.
· SnapNames has created and adopted a formal policy regarding inappropriate bidding activity, and will make annual reports available to SnapNames customers regarding any reports or investigations of inappropriate bidding.
· Unclaimed proceeds from the class settlement will be donated to charitable organizations and industry causes.

Class members can download instructions and a claim form at www.snapsettlement.com.

Separately, we have also resolved our outstanding claim against Nelson Brady, the former employee responsible for this activity. While terms of the settlement are not public and will not be disclosed, Oversee believes the financial penalty is appropriate considering the seriousness of the improper activity.

Statement from Jeff Kupietzky, CEO of Oversee.net

"While this has been an unfortunate situation for SnapNames and its customers and employees, we're proud of the faith our customers have shown us in the past year. We're pleased to have these matters settled and are moving on with our business and our focus on serving customers."

Context

· In October 2009, Oversee discovered an employee, Nelson Brady, using an account under the false name "Hank Alvarez," engaged in improper bidding activities in domain name auctions on the SnapNames platform.
· Oversee and SnapNames disclosed the situation to its customers and employees in November 2009. Oversee made available to affected customers a cash rebate in the amount of the calculated overpayment, plus 5.22% interest (the highest applicable federal rate during the affected time period).
· Since November 2009, approximately 84% of the aggregate rebate amount has been claimed by impacted parties. Including the class action settlement, SnapNames will have made more than $2 million available to impacted customers.