Help me get away from PA!!!!

Victory

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Ok since The middle of October, I have been trying to get out of my contract with PA. I have sent several E-mails, only to be ignored, with no response. Someone help me! I have tried several times to sit down to start writing another book, only to be left with the sickening side effects of PA. Someone please help me.

I find it odd though, that the PA bookstore no longer has it listed. Could this be the way of telling me I have been released? Shouldn't they have submitted something to me in writing? It is still on Amazon.
 
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Jersey Chick

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Just keep up with the emails - be professional and courteous, be persistent, and be patient. It might take a while, but the more you pester (politely, of course), the better your chances. And if you get a tone letter back, don't take it to heart, that's their style. You can keep track of your dealings here Burgy61 did that - take a look over there as well.

Just write the next book - don't let PA ruin it for you. Try as hard as you can to push them aside and focus on the next project.

Good luck!
 

Victory

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Thanks Jersey. I just can't help but wonder if they haven't terminated my contract, is it legal for them to take my book out of the bookstore?
 

Victory

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"Dear TonyaVictory,
Thank you for your inquiry. We will respond in the order your query was received. You will receive a confirmation email in the next 24 hours. If you do not receive one, please fill out the form again. - PublishAmerica Support


Below is a copy of your query.
First_Name = Tonya
Last_Name = Victory

BookTitle = Impervious
ShippingState = OK
PAAuthor = yes
Desc_Of_Problem = Dear Publish America, I would like to ask to be released from my Contract for Impervious ASAP. I have stopped all promoting for my book, since the rude E-mail that I have received from a publish america support member. I as well, have been banned from the publish america messages boards after questioning the status of my free author copies. I feel that PA does not want me as an author and I feel that it is only right for you to release me from my contract. Thank you.
securityCode = nt51"

This is the E-mail recently submitted. Now, before this, my book was still in their online store. Today just out of curiosity, I looked and it was gone.
 

brianm

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PA can do anything they want. Whether it is a breach of contract or not must be determined by the American Arbitration Association, per your contract.

Follow Jersey's advice and UJ's advice to contact the AAA. Let PA know you have contacted the AAA. They may be willing to send you a quick release because they are currently dealing with another "happy" PA author in arbitration hearings right now. See the "Marie Pasha" thread.

Your contract remains in full force and affect until such time that you receive a written release from PA.

Good luck.
 
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Victory

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Thanks Burgy and Brainm I've been looking over your thread Burgy about you wanting out of your contract. But, atleast you were receiving e-mails from them. I contacted the BBB awhile back, and I'm sure they are pissed about that. I guess the next step is the AAA. I'm looking for the Marie Pasha thread, having trouble finding it around this large message board lol.
 

brianm

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Victory,


I know you are exasperated in your inability to get results from PA. Unfortunately, sending requests for release and/or filing for arbitration proceedings are about all you can do.

I'm adding this post because I just realized you've been about the forums for some time and unfortunately the only one who can get you out of PA's contract is you.

EDIT: Here's a link to Marie's thread.

http://www.absolutewrite.com/forums/showthread.php?t=66307
 
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Victory

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I know, I know. Your right, but, atleast I have you guys to back me when I'm ready to give up on things. You wont ban me from the boards when I have questions, or discreetly call me an idiot in an e-mail.
 

jamiehall

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I contacted the BBB awhile back, and I'm sure they are pissed about that.

The BBB only handles consumer issues, and unfortunately it considers the dealings PA has with its authors to be business-to-business dealings. It is like trying to interest cops in something outside their jurisdiction. It's a good thought, but unfortunately it just doesn't apply.

Your best hopes are through arbitration or through PA itself (PA has a history of releasing authors who make a big stink online for long enough, this is one possible avenue of getting a release from PA). If you decide to go through PA itself, seek out as many ex-PA authors as possible who've been released, to get a realistic picture of how long it takes and which actions are most effective.
 

Victory

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The BBB only handles consumer issues, and unfortunately it considers the dealings PA has with its authors to be business-to-business dealings. It is like trying to interest cops in something outside their jurisdiction. It's a good thought, but unfortunately it just doesn't apply.
I actually got some work done going through the BBB. They hadn't sent me my author copies. It took them a month and a half after my book was "released into stores" I don't know whether to laugh or cry about that quote. :cry: :roll: To send my my author copies, and I probably wouldn't have received them if I hadn't made a stink about it. I'm going to contact the AAA now and see what I can't done in this matter.
 

jamiehall

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I actually got some work done going through the BBB. They hadn't sent me my author copies. It took them a month and a half after my book was "released into stores" I don't know whether to laugh or cry about that quote. :cry: :roll: To send my my author copies, and I probably wouldn't have received them if I hadn't made a stink about it. I'm going to contact the AAA now and see what I can't done in this matter.

Good work! I've heard a lot of stories about people not being able to get much good out of the BBB.
 

Victory

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In a matter to resolve the BBB case. I submitted I wanted my FREE author copies, or to be released from my contract. Go figure, the FED-EX man was at the door a couple days afterwards.
 

tlblack

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Read through your contract and see how they wish for you to contact them regarding problems or questions, release, etc. I sent them a certified letter (which they replied rudely to by email). In the letter I included all of my reasons for wanting the contract cancelled. I also mentioned the one gov agency I'm sure every shady business out there wants to avoid like the plague. The IRS. Took them ten days to get my cancellation letter to me by snail mail.

Welcome to AW and good luck!
 

Victory

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Another option, if you can afford it, is to seek out an attorney to handle this for you.

I'll have to wait on my PA royalties check! :ROFL:

Sorry, I couldn't resist it. You all have already rubbed off on me.

I sent PA one more e-mail just now. Giving them one last chance to reply back in a "timely" fashion. I will allow a week and a half for thanksgiving coming up. I told them that if I hadn't received a response from them by then, I would be seeking the help of AAA. I even gave them my address, phone number, and e-mail incase they tried to pull I didn't give them "updated" information, like they tried to pull when my books hadn't arrived. I hadn't moved in 26 years.
 

DaveKuzminski

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I know, I know. Your right, but, atleast I have you guys to back me when I'm ready to give up on things. You wont ban me from the boards when I have questions, or discreetly call me an idiot in an e-mail.

PA discreet? What PA are you dealing with?
 

DaveKuzminski

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Victory, go to URL http://www.adr.org/ and read up on the expedited rules for taking PA to arbitration. It's my understanding PA has to follow the commercial rules.

After you do that, you'll want to visit another forum and read up on Phil Dolan's experience with arbitration and PA--he won against them, big time I understand. You can also find some information about arbitration in the PA listing at P&E.

Then follow those up with what's been posted in AW concerning the known arbitrations involving PA.

When it comes to PA, don't be surprised if they behave similarly to how they act in their emails and forum when dealing with writers. They will lie and deny. Just stand your ground, have your facts and documentation ready, look them in the eyes, and watch them slink away into the shadows before the intense light of honesty and integrity makes them melt back into the slime they're composed of.
 

Victory

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PA discreet? What PA are you dealing with?
They were never discreet. They just came right out, called me an idiot and accused me of stealing the books I was never sent, right in front of the FED-EX man twice.
 

Glenda

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They have their nerve. If it is any help, Victory, they took my book out of their book store right before I received the cancellation of my contract in the mail. I had to email Amazon several times to make it unavailable, however my book is still listed last I checked. Just let them know you will not buy any nor will any of your friends or family. They don't care that you wont promote your book, they want you to buy them and sell them yourself. That is where they make their money, is off the authors.
 

Victory

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They have their nerve. If it is any help, Victory, they took my book out of their book store right before I received the cancellation of my contract in the mail. I had to email Amazon several times to make it unavailable, however my book is still listed last I checked. Just let them know you will not buy any nor will any of your friends or family. They don't care that you wont promote your book, they want you to buy them and sell them yourself. That is where they make their money, is off the authors.

I've told them I have stopped all promotion for my book. The joke is on them, I wasn't buying any of my books to sale out of my trunk. Hopefully, the next step will be them returning my rights, one can only hope. They can't deny they ever printed it, if that's somthing they would actually stoop down to, at this point, it wouldn't surprise me.
 

DaveKuzminski

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They were never discreet. They just came right out, called me an idiot and accused me of stealing the books I was never sent, right in front of the FED-EX man twice.

Calling you a thief in front of the Fed-Ex man? If so, then you have a possible reason to take them to court for slander. Their contract with you doesn't prevent you from taking them to court for something like that. Even if you don't know the man's name, that can be determined from Fex-Ex records with a subpoena. Then you've got your witness to go after them. It's certainly worth discussing with an attorney. Even if you don't go that way, you can still use that in arbitration.
 

Victory

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They actually accused me of stealing books infront of the FED-EX man and then sending the package back to them empty. I have even better evidence than a witness. I have the e-mail they sent me accusing me of it, as well as they posted it to the BBB as well. Here is a copy of the E-mail.

"Dear Ms. Victory:

If you would have advised us of your address change in a timely
fashion, we would not have wasted two failed shipments of author
copies to you. In fact, we cannot help but wonder what truly happened
with one of those shipments, when our carrier returned the envelope
to us, EMPTY.

Books have been shipped to you for a third time last week. As for
your attitude and tone, shame on you. It is not PublishAmerica's
habit to cave to bullies. Your contract will remain in full force
until we decide otherwise.

Have a nice day,
Support
PublishAmerica Support
[email protected]"

I infact did update my information when they told me they couldn't deliver to a P.O. Box. Then supplied them with my information in July. But, like everything else, I'm sure every kind of information they receive is just strung out among the building.

Now, does this e-mail sound to you like they called me a theif?