Fight my rights (The saga begins...)

Aaah! Good luck! Keep us updated.

Wow !! I can't wait to see Miranda's tone letter responding to this.

well, now that you've got that out of your system...

next time, just state that you're asking for a release from your contract. No yelling, no ranting and no stating the facts as they are. Just be polite and keep sending emails every few weeks or months, as you see fit.

these are the type of people that get off on seeing the pain they inflict on others, so don't give them the satisfaction of showing how annoyed and upset you are. Keep it simple and plain and just keep asking.

imo, of course.

good luck

Good luck, Jason.

Good luck Jason. Here some POPCORN to keep your strength up. Good luck and please keep us posted on how things are going with this.

For fun you should look up the texts of other letters they've sent to other authors (including authors who politely asked reasonable questions).

They're scattered around the various threads here.

Repeat your request, but more simply.

Again state that you will not buy or market your book in any way, they will lose money on it. They are in breach of contract for producing a shoddy, unsellable product. Send them a picture but not the books. They are your proof to show the CC company.

Don't reply emotionally on any level. That's what they want. Engaging you in an argument distracts you, wastes your time, and is meant to piss you off so much that you'll either drop the action or buy your way out to end the annoyance.

They will keep this up until they figure out you're not going to play.

This is classic Miranda--who has had her very own court case. I'm sure her university was very proud of her.

Hi Miranda! We know you're lurking here! *waving*

As for "wild, baseless, and highly irresponsible accusations", hey, baby, it's the truth. If you don't believe it, Google PA + scam and see for yourself.

You want to cut this guy loose. Really, you do. He's way more trouble than he's worth.

The sooner you do, the sooner he will get back to writing other books, and the sooner PA can get back to urging people to buy their own books so they can "have copies on hand."

Minutes ago one of your fellow PublishAmerica bashers was convicted of defamation in a federal court and condemned to pay more than $250,000 in damages.

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Say what?

If the case cited is an AW member being sued by a PA lawyer, then that case has absolutely nothing to do with an unhappy customer wanting out of his contract with PA. It has nothing to do with PA bashing, but is a matter between the individuals involved.

One can speculate that it was only mentioned as a threat to the customer. (Lay off bashing or go to court.)

PA support--it's a business letter. Stick to business.

Your customer doesn't like your product, and you're in breach of contract for it. Cut him loose.

I run a business, too, and lemme tell you, a happy customer tells ten of his friends; an unhappy customer tells EVERYONE.

I hope you can get your rights returned. I'm being a squeaky wheel, too. Persistence is the key, and like Gillhoughly and Sheryl said, keep it simple, straightforward and hit 'em where it hurts -- there will be no $ale$ -- PA will not profit from sales of your book because you will not be buying them or promoting them.

Keep going. Maybe get some legal advice - maybe be prepared to bring out the Lawyers.

Is there an equivalent to The Society of Author's in the US?

Jason:

I hope you get released, but sending emails daily is not going to do it. They'll just put a block on them. Sending letters daily is too expensive.

They're probably going to hold you awhile in hopes of picking up a few arbitrary sales from family and friends because once the book is on the internet you can't get it off, at least I havn't been able to after being released over two years ago.

Try a certified formal business-like letter once a month citing lack of sales and lack of promotion on your's and their part and that it would be in the best interest of both parties, if for no other reason than bookkeeping and miniscule tax purposes, to release you from your contract.

Arkie, just because your book is listed online doesn't mean it can be purchased. (The exception would be used copies and copies a seller might have purchased new. Hey, it does happen.) Some online sellers list anything with an ISBN, but when you try to purchase it, you'll probably find that it's suddenly not available. I went through this several years ago when I tried to purchase a particular PA book. The author had been released from the contract, but I wanted to read the book. One bookseller claimed they had it in stock and I went round and round with them for a week. They'd let me place an order, then they'd kick it back the next day saying it was out of stock. The NEXT day it would be back on the web site, listed as a used copy in stock. Your mileage may vary, but this was indeed a case where the book was listed, but new copies were unavailable.

JasonRobert said:

Oh and the topic of my email response was : Jason must watch his words.

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Or face the bad-hair-day corner for all eternity!

PA. Pah. Such drama queens.

Just a small word of advice from someone who's been there and done that. Simplify your letter greatly, put no emotion, no energy into it. Everytime they send you an e-mail just send it again. That's it. Other than that pretend they never existed that the book you sent them never existed and move on. I didn't take that advice and I've paid dearly for it. And yes, I've had my contracts released.

Jason, please do send that email to Dave Kuzminski, complete with headers and what-not, because it's pretty egregious and will be good fodder for his appeal.

(The court case referred to was a civil court case, not a criminal court case, so Dave wasn't "convicted" of anything, and the court case was brought by an individual claiming damages from Dave's characterization of his actions, not by PublishAmerica as a company. I also imagine the amount of the damages is miles off from reality--if the damage judgment has even been set yet--but on that I have no first-hand data.)

You didn't breech anything, Jason. You ordered your books and set up book signings. You can't take inferior quality merchandise to a book signing - and if the pages fall out then it's inferior quality. Trying to sell less than acceptable quality would reflect badly on the company that put out the product. You're doing them a favor by not showcasing/highlighting the lackluster craftsmanship... or do they want that as their projected image?

Get the cc company to deal with it and PA, and don't reply to them again. If they start threatening you, you find a lawyer.

If the cc demands proof, you've got it.

I'm sorry to hear this news, Jason.

In the contract, assuming Jason has the same contract I do, part of paragraph #13 states: The Author agrees to actively participate in promoting the sales of the said literary Work in his home town area and elsewhere by making himself available to media interviews, book readings and/or signings, and other public sales promotion appearances.

I was unable to arrange any signings and the bookstore managers I approached said they wouldn't stock PA or print on demand books, so I have not breeched my contract. Jason, on the other had, stated that he had book signings and interviews scheduled and has canceled them. I'm certainly not a lawyer, but that would appear to be a breech of contract.

PA also chose not to promote my book to my family/friends (a fact I am glad about!), citing that same paragraph #13 where promotion is "at the discretion" of PA. They asked me to send them the names of five bookstore managers and their contact info. (which I did), but never heard another word from them.

So long as you've got a box of books you can't sell because of their crappy quality, you have PA by the short hairs.

If you ordered a bunch of shirts that fell apart as soon as you took them from the box you'd get your money back. Same here for these books.

I would suggest simply stop posting your plans here, as they have access to these boards too, and it only tips your hand.

You went to them in good faith; they sold you crappy goods.

You have a valid complaint. PA is banking, literally, that you will back down on the crappy goods they sold you if they bluster scary words.

Don't let these apes bluff you. Get your CC company to deal with them.

Any other printer would refund or re-print a botched job. PA should be no different.

That said, do not make more posts here -- no replying to the last few posts! -- until the CC company settles your complaint.

We'll totally understand your steering clear of this forum until that's resolved!

Good luck!

JasonRobert said:

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JasonRobert said:

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Wise.