How do you get out of a PA Contract?

TwentyFour

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I've been asked about the PA contract and books not accounted for in statements, anyone here who can give info on how to get out of the contract, please give the info here.
 

TwentyFour

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I tried to find some for info for my friend, but can't seem to find one pinning it down.
 

TracySutterer & GaryRogers

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Read The Past Posts On The PublishAmerica Forum

SouthernWriter1978:

Below is some advice on the subject I posted about a week ago regarding how to get out of the PublishAmerica contract. It may work for you:

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Hi, M.K. McWilliams:

First, I would like to extend my deepest sympathies for the loss of your Aunt. Second, I would like to discuss a civilized action that you can take, you may find it useful to get out of your contract.

If you do not sell a single copy of your book in four to six royalty periods and receive $0.00 checks, you have an opportunity to DISCUSS having your contract voided. The only problem with this waiting it out period is, if you sell one copy of your book with in that period - you start from ground zero. I have read that people have stopped promoting their books hoping that not one single copy is sold with in that period. If you are successful, you can send PublishAmerica a polite e-mail to DISCUSS having your contract voided.

Yet, if you do not actively promote your book, this is, in PublishAmerica’s view, a direct violation of the terms of the contract. This procedure has been successful for many people. No sales equals a dead book. In that same vein, PublishAmerica can argue that they have made significant monetary investments and promoted your book via the Amazon & other bookseller web sites. It is really a crap-shoot.

If you can present evidence that you have taken an active roll in the promotion of your book - and have written or verbal evidence from booksellers who will not stock your book in their store & or that you have placed advertisements in your local paper and have spent X amount of dollars, and those attempts at promoting the book has failed to yield significant sales results, then you may have a small shot at being released. You can argue that the price of your book is too high on a wholesale basis to booksellers and that PublishAmerica’s return policy is rejected by the booksellers.

There was a point in time, about six months ago, where PublishAmerica had dropped a significant amount of their authors and voided contracts due to lack of sales.

In addition, if you posted an offensive message on their boards they will pull your post and password for between one to six months - a sort of cooling off period. You can send a polite e-mail to Author Support to discuss why you feel that the banning has taken place. You can apologize, prostrate yourself in the e-mail and promise to be a good poster without any offensive complaints on their boards.

If your e-mail does impress them, they will restore access. I have seen and read that people have used this method. My best suggestion is if you are restored, just read - don’t write anything that may rock the boat. Address any and all complaints to Author Support.

When I was under contract with PublishAmerica, I did not write any offensive posts concerning PublishAmerica. If another author attacked me on the boards - I shot right back with a post, and wrote Author Support concerning the attack and named the offending poster.

It has been my experience that there was not anything significant to learn from both the Public & Private Boards to begin with. So, why even bother? It is a rather trivial attempt to gain knowledge from their boards. It is very clickish and to make matters worse, there are kings and queens of the PublishAmerica Public & Private Boards. You will garner more knowledge regarding the publishing field and how to manipulate it from AW and other real writer forums.

If you desire to be cheered on for posts that reveal how you sold your books at signing‘s, advertisements, etc, then you will get pats on the back for your successes. However, failures are not tolerated on the PublishAmerica Public & Private Boards. Keep that information to yourself. If you have justified complaints on how your book has been handled by PublishAmerica, address them to Author Support.

If you take my suggestions, you will be reinstated on a probationary period. If you violate any of PublishAmerica’s posting policies - you will be banned again, perhaps for life. Get the picture?

If you do indeed desire to get out of your seven year lock and chain contract the hard way, it is a wear down process. Tracy Sutterer and me had our contracts voided and all rights were returned to us after a difficult one year process. It took a few $0.00 royalty period checks to convince PublishAmerica to release us from our contracts (plus an active and ongoing investigation by the New York State Attorney General, Internet Fraud Division - which is still in place. They are compiling complaints about PublishAmerica from NYC, NY State authors and will, in time - if there are a significant rise in justified complaints - overrule Baltimore’s Attorney General, and summon PublishAmerica to NY State Supreme Court for a hearing. They have my complaints and all e-mails back and forth, copy of my contract at the time and a copy of PublishAmerica’s web site for the time period of 2003-2005).

Please go back and read our posts on AW from 2005-2006 and you will see how we backed PublishAmerica into a corner. I do not suspect that if you use our tactics that you will be successful. You can also read the results of Mr. Dolan’s arbitration meeting with PublishAmerica on the old Never-Ending PublishAmerica forum, as well.

Good Luck!

Argile Stox

P.S. You can also read about Mr. Dolan's Arbitration results by clicking or adding the link below to your browser:

http://www.freewebs.com/pozkin/legalwatch.htm
 
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Christine N.

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Some have asked for a termination of contract, stating they will no longer promote it in any form. Some just ask and it's given. Some are given it without asking.

There doesn't seem to be much rhyme or reason to it. All you can do it try.
 

Ken Schneider

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VGrossack

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Tell them you want out. Tell them again. Be firm about it; be persistent; don't cave to threats or intimidation; they will let probably let you out.
 

brianm

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I've been asked about the PA contract and books not accounted for in statements, anyone here who can give info on how to get out of the contract, please give the info here.

I have recently been contacted by two PA members asking me to advise them on what they should do to obtain a release from their PA contracts. I have searched AW's threads, but cannot find a thread where former PA members talk about how they obtained their release from PA’s contract.

Having never been down that road, I am hesitant to provide information that may or may not help them in obtaining their release.

I'm urging any AW members who are former PA members to relate what they did to obtain their release from PA.

I think this could really help AW members who are still under contract to PA, as well as PA lurkers who are thinking about obtaining a release.
 
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MacAllister

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Are they still trying to put the gag order in their contract release?
 

VGrossack

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I was recently released. There was no gag order, just a letter stating that all rights were reverted.

Our first action: We (I have a co author) started off by mailing a certified letter requesting release, saying that we were unhappy with the pricing, the distribution practices, and their reputation. We said that we could not and would not continue to market under such circumstances.

Their response: Don't communicate with us by letter but by e-mail. No mention to the request for release.

Our response (by e-mail): OK, we would rather work by e-mail as well. How about releasing us?

Their response: Nothing. Nothing.

Our response was to step up the frequency of e-mails, at which point the exchange became very interesting. We discovered that you had to be very firm with them. Anyway, I've posted the exchange below (which many AWers have already enjoyed) but in case you did not see it, here it is, including below the text of our original certified letter requesting release:

Dear Ms. Grossack:
>>We will keep reminding you of this until
>>we receive some sort of response

No, you will not keep reminding us. If you do, we will file a complaint of
harassment with your local law enforcement authorities.



Victoria: Now that you have acknowledged the content of this, it is not necessary. And I think one or two e-mails a week, asking to take care of something, could not possibly constitute harassment under any circumstances. That is ridiculous and contacting my local law enforcement authorities would be the most absurd waste of your time. But go ahead and do it if you like.

>>We would generally prefer to work with e-mail as well, but
>>unfortunately there have been occasions in which our e-mails
>>and letters and phone calls to you were all ignored.

No, no email received from you has been ignored. We will expect your
apology for such a bizarre suggestion.



Victoria: E-mails from me certainly have been ignored. A while back, Ms Prather agreed to enter our book in a contest for us. I sent her papers, e-mailed repeatedly, and we even called, only to be told that no message had ever been received. I will not apologize.
>>As this issue is particularly important - we want to
>>terminate our contract with you - we needed to make
>>sure that we had proof of delivery.

Proof of delivery will not expedite anything at all. We will consider your
request at our next contract review meeting, to be held at our leisure.


Victoria: I needed legal proof that you had received it – especially as we have had the experience of being ignored. I also suggest that you do not take such a negative tone with me, and do what you can to expedite our release. That is all we want.
Have a good day,
PublishAmerica Support
[email protected]



>> >From: "Victoria Grossack" <[email protected]>
>> >To: "'PublishAmerica Author Support'" <[email protected]>
>> >Cc: <[email protected]>
>> >Subject: Victoria Grossack: email please - repetition of request to
>> >terminate contract
>> >Date: Tue, 23 Jan 2007 13:44:21 -0700
>> >
>> >We will keep reminding you of this until we receive some sort of
>> >response, either by e-mail or by snail mail.
>> >
>> >We urge you to hurry up and terminate our contract.
>> >
>> >-----Original Message-----
>> >From: Victoria Grossack [ mailto:[email protected]]
>> >Sent: Saturday, January 20, 2007 12:14 PM
>> >To: 'PublishAmerica Author Support'
>> >Cc: '[email protected]'
>> >Subject: RE: Victoria Grossack: email please - repetition of request
>> >to terminate contract
>> >
>> >Dear PublishAmerica Support:
>> >
>> >We would generally prefer to work with e-mail as well, but
>> >unfortunately there have been occasions in which our e-mails and letters
>> >and phone calls to you were all ignored. As this issue is
>> >particularly important - we want to terminate our contract with you - we
>> >needed to make sure that we had proof of delivery.
>> >
>> >Here is the text of the letter we sent to you (dated January 12 on our
>> >end, received by you on January 16, 2007):
>> >
>> >* * *
>> >
>> >Dear PublishAmerica:
>> >
>> >We want to terminate our contract with you with respect to Iokaste:
>> >The Novel of the Mother-Wife of Oedipus as soon as possible.
>> >
>> >It has been nice to see the book in print, but your distribution
>> >system makes it impossible for us to get Iokaste into bookstores.
>> >Although we have had a few positive reviews, we have found it
>> >extremely difficult to get other reviewers to even look at a
>> >PublishAmerica title. And because the book costs three times the
>> >price of a regular trade paperback, many libraries and reading
>> >circles have reluctantly declined to consider Iokaste. Our sales have
>> >fallen from their initial low level to essentially nothing in
>> >recent months.
>> >
>> >We cannot continue trying to market the book under these conditions
>> any longer.
>> >
>> >We are aware that you have released a number of other authors from
>> >their contracts early, and we respectfully request that you
>> >release us as well, returning full rights immediately.
>> >
>> >Please do not send back a standardized letter full of reasons why
>> >Publish America is a great place for an author. We have seen
>> >these letters (often with our names in them) before, and they are not
>> >convincing. All we want is your agreement to terminate the
>> >contract.
 

tlblack

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I sent a certified letter to PA on Nov 4th, 2006. I also had three email contacts after they received the letter. I got the contract cancellation letter on Nov 17th, 2006. My letter to them was direct.

My certified letter got a rude retort from PA via email telling me I had been "informed" when my contract was signed that they preferred email contact through their support team. (No, I had NOT been informed and told them as much.) A couple of days later PA emailed me again giving me the runaround about the questions I had asked without answering them. It also stated that royalties would be addressed on my February statement. (which I still haven't received) I sent an email stating that I had no intentions of buying any more copies of my book or do any promoting, and mentioned again my questions. My last email was ignored and a few days later I received a registered letter from PA canceling the contract. All it stated was that the contract had been cancelled per my request. No "gag" statement was included in the letter.

ETA: Be persistent!
 
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brianm

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Click on the link I provided just above you.

Thank you, Ken, but that is a link to PA's main page. I already have that, and a link to PAMB.

I did, however, make a boo boo on my previous posting, which I have corrected. My posting said, "I have searched PA's threads..." when I meant to say, "I have searched AW's threads..."

- brianm
 

CatSlave

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I have recently been contacted by two PA members asking me to advise them on what they should do to obtain a release from their PA contracts. I have searched AW's threads, but cannot find a thread where former PA members talk about how they obtained their release from PA’s contract.
brianm, could you repost the website link of the fellow who took PA through arbitration and won? You posted it on another thread yesterday, I believe. Excellent article and worthy of repeating.
Thx.
 

Ken Schneider

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Thank you, Ken, but that is a link to PA's main page. - brianm

Huh? The link I posted is to :

#1 Kevin Yarbrough vbmenu_register("postmenu_581891", true);
Will write for sex...



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PA contract release (Informational post only)
If you have had your contract released by PA then this is the place to post the info. I thought this thread would be a good idea so we can try and figure out if there is a rhyme or reason as to who PA is releasing. We could also use the list in any media attention (if the authors don't mind) and any legal disputes. It could also help us have a hands on list of the books released so anybody can try to order the books and see if PA is still printing them. Maybe if PA sells the books on all the ones they release we could get something accomplished legally, this list will make it easier to find those books without going back through the NEPAT threads.

If you don't mind, and for easier reading, put your info in the following.

Author name
Book title
ISBN
Did you request a release?
When were you released?
What paragraph, if any, did PA cite as the reason for the release?

Please don't respond to these post. Let's keep this list informational only. If you feel the need for congrats use the PM or go to the NEPAT thread.

Thanks,
__________________
The inner machinations of my mind are an enigma.
 

PVish

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Can anyone who has received a PA contract actually read the two PA signatures at the bottom? The contract my dog was issued had two illegible scrawls at the bottom of its last page. While doing my writer-in-residence thingie the last two days, I have informed several English classes about writing scams--the ILP and PA. I even passed around samples of my dog's submissions to both companies. And I showed them copies of the contract with the scammy stuff highlighted.

None of the students were able to figure out the names--or even the letters in--the "signatures" at the bottom of the contract. There was no printed name to identify either of these scrawls.

If no one can figure out who from PA actually signed the contract, is the contract still legally binding? Not that my dog is going to sign his. . . .
 

brianm

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If no one can figure out who from PA actually signed the contract, is the contract still legally binding? Not that my dog is going to sign his. . . .

At the present time, PA is shown as a corporation in good standing in the State of Maryland. Anyone can sign the contracts on behalf of PA so long as they have been designated to do so by the corporation.

I took a look at the "Crack of Death" contract, and the person signing on behalf of Publish America, Inc is shown as the "General Partner." I don't understand this since corporations do not have GP's. Partnerships have GP's, however, there may be a Partnership Agreement that has never been filed with the State of Maryland that actually owns PA, and they have designated the General Partner to sign on behalf of PA, Inc.

This got me to research public records in the State of Maryland, and I found two entities named "Publish America."

One is a Corporation that was formed in 2000, who's principal office is located at 208 CRESTVIEW COURT FREDERICK, MD 21702. Their resident agent is Victor E. Cretella, 131 WEST PATRICK STREET, FREDERICK, MD 21701

The other "Publish America" is a Limited Liability Law Partnership formed in 2001, who's principal office is located at 111 EAST CHURCH STREET FREDERICK, MD 21701. Their resident agent is Victor E. Cretella, 603 B WEST PATRICK STREET FREDERICK, MD 21701.

Makes me think Mr. Cretella may be more than just the attorney for PA.
 

VGrossack

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My certified letter got a rude retort from PA via email telling me I had been "informed" when my contract was signed that they preferred email contact through their support team. (No, I had NOT been informed and told them as much.)

I received the same rude response. These responses, as Uncle Jim has pointed out, are stock responses that are copied into e-mails. (How sad, to think I'm only worthy of one-size-fits-all rudeness!)

Anyway, if you want to leave PA, be persistent!
 

Tilly

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VGrossack said:
I also suggest that you do not take such a negative tone with me, and do what you can to expedite our release.

Wonderful!
 

kjh7073

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I know I've posted this before. This is the exact email that I sent to PA that got me out of my contracts--both of them. (Yeah, I was an idiot and signed 2 contracts. Don't ask me why, I have no clue)
I admit that it's a little sugary and kinda "ass-kissy", but I wanted out so I was willing to say anything. And, Mama always told me that you can kill more flies with honey than vinegar.

I was released the day after I sent this email.
----------------------------------------------------------

Hello,

I know that I did ask you on Friday for an audit for my books, Fanatical Betrayal and My Heart Revealed. After reviewing my August statements, however, it seems clear to me that neither of my books are selling well at all.
I signed my contract for Fanatical Betrayal two years ago, and I really think that it's run its course. And, my target audience for My Heart Revealed just has not responded the way I thought they would. I don't think that I can promote the books any longer, as I've moved on to other projects. All the plans I had for Fanatical Betrayal and My Heart Revealed have gone stale and as such I've scrapped them all.
I honestly think that it would be in your best interest to release me from my contracts as the costs on your end of maintaining my records surely must outweigh the small amount of profits my books have generated for you.
While you're at it, you can also feel free to delete my username, kjh7073, and password from the Author message board.
I do thank you from the bottom of my heart for taking me on and believing in my work enough to publish it. I am grateful for the relationship I had with PA.
 

brianm

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brianm - Read what a Resident Agent does here:

http://en.wikipedia.org/wiki/Registered_Agent

A Resident Agent and Registered Agent are essentially the same thing. They go by different titles in different states.

Thank you, Julie. Since I have owned two companies, I know what the duties of a registered or resident agent are.

I did some more research this morning, and to clarify a previous post and answer more clearly Pvish's question...

If no one can figure out who from PA actually signed the contract, is the contract still legally binding? Not that my dog is going to sign his. . .

In reviewing the "Crack of Death" contract, it reads that the contract is between Publish America, LLLP and the author. The signature line indicates the person signing is signing on behalf of Publish America, INC, general partner.

In 2001 a partnership was formed called Publish America, a limited liabilty limited partnership, and Publish America, Incorporated was elected to be the general partner for Publish America, a limited liability limited partnership.

(In a previous post I refered to the LLLP as a limited liabilty LAW partnership, but I hadn't seen the public records in Maryland at that time.)

So Pvish, if your contract looks the same as COD's, then yes, the contract is signed correctly.

So when you're suing PA over your publishing contract, you are suing the partnership, not the corporation.