Complaint Review: Shop America Network - Dianne Mercer - Nationwide

I will post new information along with the previous until I get it all on one page. This letter is in reference to Shop America Network's disregard in fulfilling the Settlement Agreement between us, dated November 14, 2002. THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS (this Agreement) is dated November 14, 2002 and is by and between SHOP AMERICA NETWORK, INC., a Florida corporation (SAN), and ******* Enterprises LLC. (Customer) I previously had an agreement with them to air my product on their television stations. It's obvious that they did not fulfill their obligations in that agreement for me to have the agreement previously mentioned. The following is a part of that settlement agreement in which, once again, they failed to keep their obligations, voiding this agreement. Customer hereby releases, remises, acquits, satisfies, and forever discharges SAN, its affiliates, and each of their respective shareholders, heirs, representatives, successors, assigns, directors, officers, employees, agents, and attorneys (collectively, Released Parties) of and from all actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, attorneys fees, expenses, contracts, controversies, agreements, promises, obligations, variances, damages, judgments, executions, claims, and demands, in law or in equity, fixed or contingent, now existing or arising hereafter, known or unknown, which Customer ever had, now has, or may have, or which any representative, successor, heir, administrator, affiliate, or assign of Customer subsequently can, shall, or may have against any of the Released Parties for, on account of, or by reason of any cause, matter, transaction, agreement, act, event, thing, or occurrence whatsoever, from the beginning of time to the date of this Agreement, including, but not limited to, the TDP Agreement and Claim. I was under the understanding that I had released and discharged them from any and all previous contracts, agreements and obligations. Primarily, them airing my commercial and using my name. I personally discovered their ways very early in the venture and took action right away. 6 weeks after my commercial started to air they came to the conclusion, (after I had emailed them a couple of the conversations that I had taped) that it would be in the best interest to refund my money. As you will read and soon hear, they continued to air my segment 6 weeks after the date the previous settlement agreement was issued. And that is the only reason that I am still involved. By them being in Florida, they have specific laws protecting them in their state. But, by me being in Louisiana, I also have specific laws that protect me. You may be asking yourself if I have the right to record and publicly disclose the conversations I have taped with Dianne, and the personnel at SAN. Dianne, you were right about it being a felony in the state of Florida. As you know, I reside in the state of Louisiana. When In Louisiana, do as the Cajuns do. Lets Spice it up a bit. Louisiana's Law regarding wiretapping: La. Rev. Stat. 15:1303 (2000): Unless a criminal or tortious purpose exists, a person can record any conversations transmitted by wire, oral or electronic means to which he is a party, or when one participating party has consented. A violation of the law, whether by recording or disclosing the contents of a communication without proper consent, carries a fine of not more than $10,000 and jail time of not less than two and not more than 10 years at hard labor, without an opportunity for probation, parole or a suspended sentence. Civil damages are expressly authorized as well. Actual damages can be recovered -- minimum damages in any case will be the greater of $100 a day for each day of violation or $1,000 -- along with punitive damages, litigation costs and attorney fees. La. Rev. Stat. 15:1312 (2000). Well, as you have read, and quite obviously they were taped with my participation, it was done within the law. Louisiana Law, that is. You may ask about those two words criminal and tortious. Lets refer to Mr. Webster. 1. criminal Of, involving, or having the nature of crime: criminal abuse. 2. Relating to the administration of penal law. 3. a. Guilty of crime. b. Characteristic of a criminal. 4. Shameful; disgraceful: a criminal waste of talent. I, in no way was acting in a criminal way, all I was doing was covering my a*s. I wonder if they want to admit to a criminal activity? Tortious n. Law Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought. Well the term Breach of Contract says it all, that's what this is all about. Stay tuned for further updates. Dianne, I know that you will be reading this and if you would like a sneak preview as to what is coming, just scroll down a bit and place a rebuttal and I will send you the link, to the complete website that I have in place. You did say you waned to hear al of the converstions...... Scroll down