Back in November I was contacted by, who I thought was, my local Harris Teeter Grocery Store. They were putting together a neighborhood coupon book and wanted to include me. The cost is $20 per week, the ad book was to be made available to all HT shoppers, ads would start in February, I would be contacted in January for my ad and/or artwork. I signed a contract that yes I would participate for the $20 per week. Turns out this is was not a local company.
I was not contacted by NAC - Reporter on the Town for my ad which was to start in February. February rolls around, I email my sales rep and I trot over to Harris Teeter to see if the publication "Reporter on the Town" is available. Not only is it not available, the manager has never heard of it. So, I finally get an email back from my rep, he's emailing the art department, circulation dept, et al trying to find out why I've not been contacted and why the pub is not at the location. I told him I was very disappointed and wanted out of my contract (Oh, I had already received a bill at this point) because I didn't believe they were fulfilling their end. The pub was at the grocery about a week later and did include an ad for my business...one that I did not receive a proof for or sign off on. I called the ARt manager to find out how and where they got these images and was told they pulled everything off my website and "isn't it beautiful!"...Well, they used a picture from my site of children without obtaining a release. The font is wrong, there is no website address, no bounceback coupon, etc. They are insisting that they sent the proof to me but they have over 5000 customers and can't possibly follow up with each ad proof. I ask them to resend the email with the ad proof with the date and time stamp on it...they just sent the ad with no reference to when it was sent.
Also, this LOCAL publication features ads from Brambleton, VA and Ashburn, VA (over 200 miles from Norfolk, VA). I ask about this and they of course have no idea where either city is located and said that the pub is available in a grocery in Ashburn.
So at this point it's all principle and I tell them they can not create ads on my behalf and publish them, I am not paying for this, etc. So, I get a call that I can buy out of my contract for $900+ (the whole thing is only $1000 or so), and I let them know again that I did sign a contract in good faith that they would fulfill their end of the agreement which I did not believe they would.
Fast forward...the April - May issue arrived at the grocery store on May 5th and it's got my same ad in it but without the kids...so they heard something I said obviously. Yesterday I get a call at the studio from a Mrs. Dickinson, I'm unavailable so I ask my asst to take a message...she does and comes back to the me sheepishly and says "the message is that you are going to be sued and you're going to court because you didn't pay for an ad". I call Mrs. Dickinson back and she says the same thing to me and that my assets are being levied and I would be served with a "warrant" tomorrow (today) by a US Marshall, etc. So, ironically, my husbands company offers collection services and she is liable for harrasment now b/c you can't leave messages like that and you can't make threats regarding arrest. The "collection" calls they are making are exposing them to a possible harassment suit. In the single call yesterday they violated PL 95-109 twice (threatening a suit with no intention to sue, and leaving a message about a alleged debt with a third party).
I am willing to be a participant in a class action suit if it comes to that.
Ronda / norfolk, va
Norfolk, Virginia
U.S.A.