I'm Angry! Am I wrong?

[John Doherty 126]

Just signed up w/one of those shopper type mags that come in the mail w/all local contractors in it, 3 zones about 35k homes per zone, for 3 months.

Met w/the guy Wed says he'll have ad proof to me that night, I don't get it by Thurs night, I call him he says I'll have it by Fri. AM. I get it at 1:00 pm Fri (it is crap, he took an existing ad Keith made and streched it to fit)I make changes and respond to him by 5:00, call him at 6:00 to ask about my changes. He tells me it already went to print, no changes.

Here's what I proposed, I keep my ad in one zone for the 3 months and also pay for the bum ad, and he cancels the remaining ads and refunds my money for the other 2 zones.

Response, 'I don't give refunds'.

Other than being a sucker for paying up front, should I be mad?

[Beth n Rod 1,279]

If you didn't get to approve a proof, I would be livid. I make it really clear to those we advertise with, that I need TIME. I want to see my proof and have TIME to make changes. Time is not one hour. Time, is several days. And even if I have changes, I make it clear I expect a new proof to approve.

Beth

[Beth n Rod 1,279]

What method of payment did you use?

If a credit card-issue a charge back

If a check, did it clear? If not, then you have to take him to court for non-fulfillment of obligation.

Next time, get it in writing. If there is no contract, you have little to go on.

Rod!~

[MMI Enterprises 289]

Yes you should be mad if you were not informed of a final editing deadline..

If you paid by credit card maybe you can recover since for one your not getting what you were told you were going to get in final edit approval and heck they haven't provided and printed the later ads yet. Has to be some sort of cease and desist order you can do to prevent them false advertising you. Small claims should recover what wasn't provided after that point. You didn't sign any contract saying refunds for services not rendered will not be given..It requires agreement to not pay people back what they paid for but were not compensated for in the way of service or product is my feeling..

[John Doherty 126]

Paid it all up front by check, he deposited it the day he got it!

[MMI Enterprises 289]

Next time, get it in writing. If there is no contract, you have little to go on.

Rod!~

I think since he has to have some sort of receipt when he paid and then a dated order for them to stop the ad that it will be up to them to provide a breakdown to a judge of exactly what service they provided to earn the full amount of funds. If there is no contract then I believe it be in Newheights favor. The ad people I delt with last week do not offer receipts via fax but my credit card charge will work just fine as such.

Hey one other thing here..sometimes sales people are trained to use verbage that implies no refund but really all they mean is that THEY can't approve refunds and you will have to speak to a manager or the correct accounting branch of their company... People are sneaky at times..

[MMI Enterprises 289]

Well the way you affirm it John it does sound like a small outfit and you were dealing with the top..Why not just say who this ad paper is so no one else gets done up wrong?

[Cleveland Mobile 14]

Similar situation here john....when I had my heart surgery I called the Gold Clipper and JB Dollar magazines and told them I was in the hospital and that I expected to pay for the add that went out that day but to cancel the remaining 5 adds. Gold Clipper said no problem and they didnt want any money for the add (350.00) until I was totally back to work...even if it took a year or two...JB Dollar ran the add 2 more times and said they had no record of my call and plan on taking me to court. My response....f..k em......I'm not paying for anything now.....but point is I found out real quickly which magazine had class and which one is owned by an ass.

Andy

[PressurePros 248]

Chalk it up to experience and spread the word like Kevin mentioned.

[One Tough Pressure 580]

I have never had good luck with advertising. They always seem to hack my ads and even with refunds and credits, it still makes me look like a blazing fool in print. I have stopped advertising, and only item in print is my cards, which they almost screwed up too.

[John Doherty 126]

I'm really giving this some thought, this guys total lack of assuming any responsibility has me really ticked off.

My sister is an attorney in another state but, she gave me the scoop on NJ law. This would be a 'Special Civil Part' action not small claims 'cause it's over $3000. Contract is very basic and has no fine print, the emails show he gave me no time to review the proof, he admits it etc.

Slam dunk for me, but being an LLC I can't bring action w/out an attorney. I just am having a hard time deciding if it's worth the hassle.

[MMI Enterprises 289]

ahh.. what's 3k?...a job or two for ya?.. you'll enjoy life more away from the slimey courts and their representatives...

[RCBill 14]

njconsumeraffairs.gov

Getting letterhead from the AG is motivating.

[Jon 533]

Since your sister is an Attorney regardless of what state she is in have her send this jerk a demand letter to refund full amount in x number of days or end up in court.

I bet he refunds your money.

BBB

CoC and any other business orgs around report him.

Jon