Attn: New PublishAmerica Authors

nikkinoffsinger · Aug 16, 2010

Like many of you, I got suckered into Publish America. I thought they were a legit publisher and now I'm locked in. The recent email "offers" I've gotten from them I would like to share with you in the hopes you don't fall for their making money off you instead of your book!

1.Have you book endorsed by John Grisham.

Okay it took some doing but I got a response from the publishing house of John Grisham and the man nor his publisher has never agreed or heard of anything from PA. He does not endorse other books unless it is done through the proper channels which apparently PA has not.

2.Have Nora Roberts Endorse your book

Again same as with Mr.Grisham-her Publisher does not recall Mrs.Roberts agreeing to do anything for Publish America.

3. This is my favorite-Buy 8 copies and have your book represented at the Frankfurt Book Fair in Frankfurt Germany

This is a legit book fair but BUT if you look up the event and look up exhibitors and vendors-NO WHERE DOES IT SHOW PUBLISH AMERICA. The two North American publishers are not even affliates of PA.

4. Another Favorite-Buy 5 copies and Governor Arnold Swartzanegger will review your book for a possible screen play.

Again the Governator is not doing any of that and that came from his office in CA.

5. Purchase just 2 copies and you can have your book at the AARP Orlando plus 50 event where PA will be showcasing many of their books to the baby boomers-

Looked that event up too. It's a legit event but guess who IS NOT listed as a vendor or exhibitor or even a sponser? Yep, Publish America.

I just can't see how they can get by with all this slander! I've emailed the government of Maryland and the BBB and I still can't get how they can advertise something that is fictitious?

Anyone know of anyone interested in maybe all of us filing a suit or complaint let me know. I've had it with PA!

night-flyer · Aug 16, 2010

I'm glad that AW writers post 'beware' notices about these publishing companies, so all of us new writers don't get suckered in. Unfortunately, you guys have to go through it first in order to warn others about them. Sorry for that, that really sucks.
But thanks.

DeadlyAccurate · Aug 16, 2010

nikkinoffsinger said:
I just can't see how they can get by with all this slander!

Slander is speaking (not writing) something defamatory about someone that could ruin their good name (like saying someone is a pedophile when there's no evidence that's true). The word you're looking for is fraud.

Jill Karg · Aug 16, 2010

It's false advertising, and hate to say it but has been around for a very long time (since the dawn of time I would guess). You know the ones that say, "You can buy x car for no money down and as little as 199.00 a month." They of course put in fine print, you have to be pre approved, it is a lease not a purchase and ballon payment at the end is more than the car is worth. Again, they didn't say you will get this deal, only that there is a potential of getting it if you just try them out.
P.A. has a great lawyer that makes sure that the wording is so vague or just a wing and prayer tactics that if you don't read it word for word you will believe the "Concept" not the real thing.

I too am currently in their web, but l also realize that they will not defeat my spirit. My checkbook is closed. What books I did buy, i will at least break even. After the price hike I will not ever buy my book from them again. If I have to wait 7 years to get book back, then I will wait and work on other projects until then.

Just don't get too fustrated and let them win, by not continuing to write.

nikkinoffsinger · Aug 16, 2010

DeadlyAccurate said:
Slander is speaking (not writing) something defamatory about someone that could ruin their good name (like saying someone is a pedophile when there's no evidence that's true). The word you're looking for is fraud.

Please forgive my typo. I swear I need to proofread more often. I just had written this after the last "email offer" and was more mad than cautious about how I was wording this thread! Thanks for pointing it out.

nikkinoffsinger · Aug 16, 2010

Jill I don't plan on letting them break me but it just amazes me how they er their lawyers can word things to where people get sucked in. I've never been able to afford my book even with their so called "discounts". I gave up on having book signings because even Borders can't carry my book because of the PA price for it. I just wish there was something legal we can do. There has to be a loophole or a way out of it and shut these people down. I guess the best thing is putting the awareness out there. Thanks for everyone who has posted.

CatSlave · Aug 16, 2010

Unfortunately, the contract between you and PA is considered a "business-to-business" transaction
and has been crafted very, very carefully in favor of PA.

"At the publisher's discretion" means they don't have to unless they want to, and you can't make them.

They are skirting just inside the boundaries of the law.
They are unethical, greedy scamsters but there's nothing illegal about that.

Write a new and better book. Chalk this one up to "experience is the best teacher."
Believe me, if any one finds a way to sink the Good Ship Lollypop, we will all be jumping aboard to help.

shaldna · Sep 3, 2010

Jill Karg said:
It's false advertising, and hate to say it but has been around for a very long time (since the dawn of time I would guess).

False advertising is a criminal offence here, and companies get sued for it all the time.

Jill Karg · Sep 3, 2010

Maybe we should ship PA over to Europe along with all those used car sales lots that constantly try to sell the lemon of the month.

We now have a lemon law but it doesn't apply to "Used" cars. go figure.

CatSlave · Sep 3, 2010

from the PA contract

shaldna said:
False advertising is a criminal offence here, and companies get sued for it all the time.

17. Sales promotion, advertising and publicity shall be at the Publisher’s election and discretion as to the extent, scope and character thereof and in all matters pertaining thereto.

18. The Author agrees that all matters dealing with the design and production of the said literary work shall be at the discretion of the Publisher.

23. The Author acknowledges that the Publisher has not made any prior pledges, promises, guarantees, inducements, of whatever nature, either in writing, by word of mouth, or in any form, that are not contained in the terms of this agreement.

In other words, no matter what they say in their advertising or on their website or on the phone or in their emails, IF IT'S NOT SPECIFICALLY WRITTEN INTO YOUR CONTRACT is doesn't exist.

In other words, you're screwed.

Walk away. Write a new and better book.
Don't pay PA anything, ever.

merrihiatt · Sep 3, 2010

PA even has this site disclaimer on their website:

This site is provided by PublishAmerica, LLLP on an "as is" basis. PublishAmerica, LLLP. makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, PublishAmerica, LLLP. disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. PublishAmerica, LLLP will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages.

Alphabeter · Sep 4, 2010

Meaning PA will put anything on their site that they think will entice [you], but if [you] believe them to be real genuine promise words, well, [yous] should have read that little paragraph closer cuz it warned y'all!

Gillhoughly · Sep 4, 2010

But those offers were sent as emails, right?

I'd not heard of the Ah-nold angle. Good lord.

Since some of those offers are clearly fraud, then some action might be taken, but I don't know what. It's what I'd call "bait and switch."

Of course, forwarding each mail that mentions a celebrity to the celebrity or their offices is one way of puncturing things.

I sent one on to Stephen King's webmaster, which was sent on to his lawyer. He's had to send PA C&D mails for using King's name on their website.

But PA counts on the fact that emails are easily deleted, and their writers don't know what to do about things.

They count on the fact that their writers have NO WAY to see if PA fulfills their end of the deal.

nikkinoffsinger -- I salute your Google-Fu for finding all that out!

Let's be clear--PA is not a professional publisher. They are a vanity printer, nothing more. Their arses are well-covered if not bulletproofed.

They do whatever it takes to get people to buy their own books, and making misleading offers is the norm. Their lawyer doesn't write those up. It's either a drone under the Stooges or one of the Stooges who isn't Meiners who does the copy.

At this point their main weakness is their bad reputation everywhere on the Net, us continuing to warn people, and the IRS.

PA's bookkeeping--mega-sloppy--is what's going to do them in. Let the IRS audit them for every penny. Any company that treats people the way they do would have no problem cheating on their taxes.

Jill--thanks for that info about the car dealers -- I didn't know THAT.

Attn: New PublishAmerica Authors

nikkinoffsinger

New Fish; Learning About Thick Skin

night-flyer

roasting cows

DeadlyAccurate

Absolutely Fazed

Jill Karg

So many WIPs which one to work on

nikkinoffsinger

New Fish; Learning About Thick Skin

nikkinoffsinger

New Fish; Learning About Thick Skin

CatSlave

Mah tale iz draggin.

shaldna

The cake is a lie. But still cake.

Jill Karg

So many WIPs which one to work on

CatSlave

Mah tale iz draggin.

merrihiatt

Writing! Writing! Writing!

Alphabeter

Player of the Letters

Gillhoughly

Grumpy writer and editor