Namecheap scores win in .org price-cap lawsuit
Namecheap’s lawsuit over ICANN’s decision to lift price caps in .org and .info will be allowed to proceed, a California judge has ruled.
The Superior Court in Los Angeles recently threw out ICANN’s attempt to get the case dismissed, according to court documents released by ICANN. There will now be a hearing in January.
Namecheap’s lawsuit concerns ICANN’s decision in 2019 to lift price caps in Public Interest Registry’s .org contract and the .info contract then with Afilias (now Identity Digital).
Both registries had previously been limited to a 10% price increase every year.
The registrar filed an Independent Review Process case against ICANN, which is mostly won. In 2022, the IRP panel slammed ICANN for its secrecy and lack of adherence to its bylaws and issued seven recommended actions the Org could take to rectify its transgressions.
In the current lawsuit, filed this January, Namecheap claims that ICANN “largely ignored” most of these recommendations. It wants the court to force the Org to abide by the IRP ruling, which among other things calls for ICANN to look into reinstituting price caps.
But ICANN objected, saying Namecheap “is asking this Court to convert recommendations into requirements”, adding that it “does not have an obligation to act in accordance with the ‘recommendations’ of an IRP Panel”.
It demurred, asking the court to throw out Namecheap’s complaint, but the court declined to do so on legal grounds, meaning the claims will be heard on the merits.
In the five years since the .org and .info price caps were lifted, non-profit PIR has not raised .org prices once.
For-profit Identity Digital has raised .info prices every year, by between 9.38% and 11.03%, raising the cost from $10.84 in 2019 to $17.50 today. The price will go up again by 8.57% to $19.00 in January.
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