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clb (Unregistered Guest)
Work-in-progress guest
Posted From: 65.123.147.178
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, May 07, 2004 - 01:44 pm: |   |
I had an e-mail a few weeks ago from someone about a possible class action suit against a certain pub who claims to be a tradional publisher, and we all they are not...I would like to at least read it and decide.
If they could send it to me again-I was in Ny when it came and ended up deleting most of my e-mail when I got back...must still have my e-mail address I assume
Thanks
C. Bryceland |
Claudia Turner VanLydegraf
Mindsight Moderator
Post Number:
1161
Registered: 06-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, May 07, 2004 - 04:32 pm: | |
Connie,
The guy wants $250.00 up front from each participant, and the info came from Dave Kusminski. It is listed here on this board or on the first board, I think. Personally, I don't feel that he has a snowball's chance in hell. But that is just my opinion. I think you and everyone else who wants a lawsuit against PA should compile all the info you have, and get an attorney who will do the thing probono. Just my thoughts on that. Also, I would if I were you, and am, seeking recission and dissolution of my contract with PA, and would highly recommend that before any one proceeds with a lawsuit against them. Because, as we all know, they have and do hold books hostage to meet their own needs. And they practice deceptive actions to make it seem like they are not the ones that are in back of anything, so that always makes the complaintant look bad and helps them (PA) maintain their innocence about what is really happening and why.
Here is the guy's addy and his name is Eric Biggs, ebqatz@msn.com, if you still want to get involved with him. However, I wouldn't bother...... but that is just me and coming from the correspondence I had with him. You are free to do whatever you want, so, write him a note and see what you think. Personally, I don't have another $250.00 to give to someone else to get my book back. As I have already spent far more than I think I should have to just to advertise and try to get my book out there on my own. And I know that you have done more than I have, so that is why I am telling you this Connie. |
Steven Shrewsbury
Wisdom Member
Post Number:
733
Registered: 04-2003
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, May 07, 2004 - 04:36 pm: | |
If he wants 250 up front from each person, sounds like this guy found a bigger pool of suckers than PA.
www.stevenshrewsbury.com |
Todd Hunter
Unity Member
Post Number:
1499
Registered: 02-2003
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, May 07, 2004 - 05:03 pm: | |
I'd have to say so...sheesh.
I would think most class action lawyers who think they have a chance will work out a settlement where they end up getting paid in the end...not asking for money up front (what do they say about publishers and agents who do the same thing?)...
Amazing...
Hell, if one wants out of the contract that bad, I wouldn't doubt they could just offer PA $250, and they'd probably take it... |
Claudia Turner VanLydegraf
Mindsight Moderator
Post Number:
1162
Registered: 06-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, May 07, 2004 - 05:06 pm: | |
Well, here is a partial of the email he sent to me with his idea on 3-17. (I left out the first sentence because there are some other things in that portion of the email that could place others in a position of jeopardy.)
<<I would like to hear from you your own story. My idea is to get writers like you to band together with a very reasonable initial retainer and see if we can go forward as a group. At the same time, individual contract matters may have to be attended to. I see at least two ways to approach this at the moment, however. For the next six weeks, I think our main task is to organize.
I am asking for a $250 initial deposit, which is about 7% of what I would ask for a standard retainer. David Kuzminski of P&E has chosen to retain me as his lawyer; you may verify that with him if you wish. My resume is enclosed.>>
that came directly from him, and I have not responded to that last email as I really think he is after the money he would get, and should be more interested in the csase, not the up-front fees. How does he know how many might want to join, therefore how can he come up with a fee, and base it on what? Just my thoughts. Hell, I haven't even made that much on the sales of my book, let alone have it to give away to some guy who portends to want to help me.
If you are reading this, Eric, these are just my honest thoughts and probably not the thoughts of many others on this board, so if you have enough of a case, by all means, go for it. I would love to see it happen, but fear all you are going to come up with is minimal at best, and not going to net anyone any reliable or usable results. Sorry if that offends, but it is what I think, and I am in a really pissy mood today for many reasons, not just my book at PA.
And I don't like to see all the bad shit that is happening out there anymore. So, I am going to start getting really vocal about some things, possibly some subjects more than others. I am just really tired of all the con games that everyone we are supposed to trust plays on us and everybody they can get away with it on.
Claudia
|
Laurel Johnson
Unity Member
Post Number:
2954
Registered: 01-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, May 07, 2004 - 06:44 pm: | |
I've been that 250 bucks up front with pie in the sky promises before. I agree. A pool of tasty suckers has the sharks circling.
Or have I simply grown cynical in my old age?? |
priceless1
Wandering Member
Post Number:
123
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, May 08, 2004 - 09:07 am: | |
Regarding this particular lawyer, I had a friend contact him a few months back. He sounded as though he was all about the money and gave her the 'hurry up and send the money in so I can get to work.' I don't know, but something about how he implored her to hurry rubbed me the wrong way, and I warned her to be very careful.
Oddly enough, she never heard from him again. Dropped her like a hot potato. The very next day he came out with his class action idea. I felt it was quite smarmy to dump a potential client the way he did. Good thing she never paid him!
Mind you, this is certainly no reflection on Dave, as I don't know him. He appears to do good things over at his P&E site. But his lawyer struck me as being after a bigger fish and willing to sacrifice his smaller fish.
Lynn
Lynn
lynnprice.net
|
Steven Shrewsbury
Wisdom Member
Post Number:
739
Registered: 04-2003
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, May 08, 2004 - 06:38 pm: | |
Dave K has always been a good guy to me.
Any lawyer asking for cash before he hears anything is a tool, or so this country boy thinks.
www.stevenshrewsbury.com |
priceless1
Wandering Member
Post Number:
125
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, May 09, 2004 - 11:02 am: | |
"Any lawyer asking for cash before he hears anything is a tool, or so this country boy thinks."
Yes, this is very true. I've heard even more things about this attorney that really gives me cause to question the benevolence of his offer. While the idea may or may not have merit, I feel that there hasn't been enough research on his part to go forth with any type of motion. No one should part with their money until they know exactly what they're getting in return. The words 'trust me' have been echoed to the detriment of many in the past.
On another topic...Steve, I finally finished 'Godforsaken'. I'll be in touch.
Lynn
Lynn
lynnprice.net
|
Steven Shrewsbury
Wisdom Member
Post Number:
748
Registered: 04-2003
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, May 09, 2004 - 07:41 pm: | |
Trust me, famed words of oddmeanings....
Glad you finished "Godforsaken" Lynn. Glad to see you survived it. ;)
www.stevenshrewsbury.com |
clb (Unregistered Guest)
Work-in-progress guest
Posted From: 65.123.147.178
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 11, 2004 - 11:59 am: | |
Obviously I am no longer interested! but thanks...I do wish someone would pursue something against PA but I won't pay any money to do so...after all, I really did not earn any to spend..
|
Frances Blake (Unregistered Guest)
Work-in-progress guest
Posted From: 4.244.33.245
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, May 13, 2004 - 01:11 pm: | |
Someone is pursuing PA. |
Dee Power
Awareness Member
Post Number:
4
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, May 13, 2004 - 06:51 pm: | |
And that would be?
Dee
Dee Power |
Frances Blake
Awareness Member
Post Number:
1
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 17, 2004 - 04:12 pm: | |
Dee- Who is pursuing PA is not important right now, what is important is that someone is.
All the people who are complaining on all the message boards need to move on, or do something about it. That's the problem, no one is doing anything but griping. They know by now, that the writers who threaten them are doing just that, making idle threats. These people are bullies, and it works for them. All they have are a few complaints with the MD BBB, so why should they worry?
There is a lot that people can do. They can write well-written,professional looking letters to Dateline and 20/20. Write to Oprah. Most local news stations have segments for people with unusual, or serious, complaints. There is a ton of information on the web. You have to work hard at it, to get somewhere. It Will pay off. I think abused authors, need to make PA their mission.
This is a BIG story, that's the last thing PA wants right now, and someone will buy it. Everyone on this board is a writer. Right?
Fran |
priceless1
Wandering Member
Post Number:
136
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 17, 2004 - 06:45 pm: | |
"They know by now, that the writers who threaten them are doing just that, making idle threats."
That isn't true. There are a number of people who are doing a lot more than making idle threats. That is exactly why Meiners is changing his ill-conceived tactics. He realizes that the tide has changed and he's backed against a corner looking for the door.
I do agree that getting in touch with Dateline and 20/20 is a marvelous idea. It's getting one's letters to the top of a very big heap that requires patience and diligence.
Lynn
Lynn
behlerpublications.com
lynnprice.net
|
Donna Brown
Hunger Member
Post Number:
59
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 17, 2004 - 09:13 pm: | |
Dateline? 20/20? Does this sound familiar to anyone but me?
Deej |
Teena Haywood
Awareness Member
Post Number:
36
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 18, 2004 - 12:52 am: | |
Donna, it sounds familiar to me also. Now, I could be mistaken, but I think I read on one of the message boards that Dateline or 20/20 was contacted concerning this matter and PA would not or did not cooperate. |
Frances Blake
Awareness Member
Post Number:
2
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 18, 2004 - 12:51 pm: | |
PA doesn't feel backed into a wall! They are operating the same way they always have, and no way, do they feel threatened. There are a lot of people out there who are a lot smarter than PA, and they will be stopped. The last thing they want, right now, is bad publicity.
Fran |
Kevin Yarbrough
Wandering Member
Post Number:
107
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 18, 2004 - 03:17 pm: | |
I don't know how true the dateline thing is or not, but someone dropped me a comment at my website about it. Here it is.
Comments: I was recently called by an associate producer at Dateline NBC about a story they're working on, and it brought up all these emotions I thought I had forever buried. After talking a bit and agreeing to do an on-camera interview, I learned the story won't likely air until June or July of next year. I think it's because they're waiting until after the convention and after the producer's 'fake' book gets published. I simply can't wait that long. The truth about publish america must be known.
Publish America publishes every book that comes their way that meets their requirements and if the author appears to be eager. No, that's not criminal. I was warned about their non-standard contract that sucks all the rights away. I signed it. Not criminal, and it was my fault. It wasn't until later I learned the only bookstores that will carry my books are ones I asked. The price is outrageous. Other publishers don't count it as a credit. The writing community shuns PA authors as vanity fools. And I'm afraid I have to agree now.
They promised to promote the book, and language in the contract suggests they use offset printing. They don't. They use lightning source on demand. Criminal? No. Breach of contract? It's iffy. People who complain loudly about PA have their books removed from sale but the rights retained. This is well documented with well over twenty cases. Criminal? No. Breach of contract? Definitely. When contacted about getting out of contract, PA informed me that they would release me if I agreed to purchase all remaining stocks. They claimed to have 49 copies of the book. I agreed. I spent over $1000 removing myself from the PA curse. After contacting Lightning Source, I learned the 49 books were printed after I had paid for them. They weren't 'remaining stocks.' This was a last-ditch effort to get money from me. Criminal? Actually, yes. It is felony fraud. And PA is being investigated for over 40 counts of it.
I found on the Internet this has happened to well over 30 other authors. I contacted the Maryland Attorney General, Dateline NBC, 20/20, and now the ball is rolling. Please. I beg you to get out now or your book's rights will be tied up in court, and it won't be sold at all once the PA crew gets arrested.
*****
Indict Meiners Now! Send your horror stories to the Maryland Attorney General: oag@oag.state.md.us (410) 576-6300 or 1 (888) 743-0023. Their file is growing! Keep all the paperwork, especially anything that mentions the 49 copies!
JD
If it's true or not, I don't know. I really don't care anymore.
Kevin |
Joyce Scarbrough
Wandering Member
Post Number:
101
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 18, 2004 - 05:16 pm: | |
For anyone who's interested, I got this email message today:
Hi there,
I work for at the San Antonio Current, a weekly newspaper in Texas. I am working on a story contrasting publishing experiences at PublishAmerica and iUniverse.
I wonder if you could help me get in contact with anyone who has had a negative (I have some positive) experiences with either publisher after signing a contract. I also would need a copy of their book.
Many thanks, Susan
Susan Pagani
Writer and Editor
210.262.2276
sdaphne@earthlink.net
Toyce
True Blue Forever
Read the first chapter at http://www.authorsden.com/joycelscarbrough1
See the hunk at http://www.southernbelleauthor.com/joycepersonalpage
|
Frances Blake
Awareness Member
Post Number:
3
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 18, 2004 - 05:19 pm: | |
Kevin,
Thanks for your post. I believe every word of it and I hope the members of this board take your advice. I contacted the Atty General long before this, and also the BBB. Every little thing everyone does will mean a lot. I'm sorry you had to buy the 49 copies and go through all the frustration and stress that I know you had. I know this will come out well because, finally, a lot of writers are beginning to see the "right."
Fran |
Kevin Yarbrough
Wandering Member
Post Number:
110
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 18, 2004 - 07:44 pm: | |
I didn't Fran. I got that from my website where someone dropped it to me through my coment box. I'm still under contract and haven't bought 49 copies.
I got that back in October of last year and after seeing your post thought I would put it up.
Sorry for the confusion.
Kevin |
Banned in Maryland and Ohio (Unregistered Guest)
Work-in-progress guest
Posted From: 66.81.163.185
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 18, 2004 - 11:56 pm: | |
Any writer who wants to file a complaint with the Federal Trade Commission concerning fraudulent promises made by PublishAmerica can do so by going to http://www.ftc.gov and clicking on "File a Complaint." However, please don't mention it to our fearless leader as the last two people who did so got banned from the message board.
http://www.fdungan.com/freedom.htm
|
Claudia Turner VanLydegraf
Mindsight Moderator
Post Number:
1209
Registered: 06-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, May 19, 2004 - 12:34 am: | |
Hey Fred,
How ya' doin"??? Sorta missed ya.
Claudia |
C. E. Winterland
Mindsight Moderator
Post Number:
1495
Registered: 06-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, May 19, 2004 - 06:59 am: | |
Fred,
What is freakin wrong with you, man?
Your statement is just a blatant lie, and intended only to piss me off. What gives? Do you really think you have free license to libel people or this forum?
Why do you persist in this pointless attack against me?
No one has EVER been banned or restricted from this site for ANYTHING other than piss-poor behavior right here - at THIS forum. Behavior rather like yours right now (which is what got your registration suspended in the first place).
None of this has anything whatsoever to do with your "victimization" or experiences anywhere in the world. It has to do with the fact that you're being a jerk and obviously cannot control yourself when you feel you have been wronged (which it seems you feel whenever the fancy strikes you, regardless of the truth).
You have every right in the world to dislike me, if that's what you choose, but you have NO RIGHT to go around spreading LIES about me, this forum, or any other person or entity in the world. YOU ARE RESORTING TO TACTICS USED BY THE VERY PEOPLE AGAINST WHOM YOU CLAIM TO HAVE GRIPES... Do you really think people are going to listen to you when you do that kind of thing?
You still have friends here, but I'm telling you right now, start using your head, or I will ban you completely and you can go wallow in "Oh, woe is me" somewhere else.
You have not been a useful contributor to this site since well before I suspended your registration - and your post above certainly doesn't contribute anything either.
I don't know what the hell is wrong with you, Fred, or why you have chosen to do battle with me (other than the fact that you've chosen to disciple yourself to a blind fool), but I really don't care any more.
I'm tired of seeing your posts and being totally disappointed in a fellow human being.
Clean it up. Or go elsewhere.
C. E. Winterland |
Laurel Johnson
Unity Member
Post Number:
3002
Registered: 01-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, May 19, 2004 - 08:25 am: | |
I was just gonna say.....HUH? WHO got banned for submitting something to the FTC??
I've been posting here since January 2002 and can only think of one person who MIGHT have been banned, and I'm not even sure of that one. |
Dennis Collins
Mindsight Moderator
Post Number:
963
Registered: 06-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, July 07, 2004 - 07:03 am: | |
Seems as if some of the other publishers are having their problems as well. Do I see a trend here? Nobody is too big or immune to destruction from litigation. A Catholic Archdiosese in Portland, Oregon has filed for bankruptcy due to lawsuits.
This is cut and pasted from the Motown Writers news.
For those of you who have been done wrong by 1st Books Library (now AuthorBooks), you may be getting a letter in the mail from the law offices of Robert L Lewis and Associates in Gary, Indiana. I received one today regarding a potential class action law suit against 1st Books. If you believe you have a claim against them that covers breach of contract, deception, misrepresentation and/or fraud, you're asked to fill out a form included in the letter that needs to be sent back by July 23rd.
If you didn't receive a letter, and think you have a basis for a claim, please call 219-944-2755 and speak to Estelle Powell.
|
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Work-in-progress guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, March 28, 2008 - 05:00 pm: | |
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