The New Never-Ending PublishAmerica Thread (NEPAT)

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Don Davidson

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I have a question I wonder if someone can answer. Another PA author who went through arbitration was kind enough to send me PA's brief to the arbitrator. In it, PA complained that the author had filed a complaint with the Maryland Attorney General's Office, and claimed that the only reason to do so would be to seek criminal charges against PA. In my state, the state Attorney General has many consumer protection responsibilities. Is Maryland different? I was thinking about sending a complaint to the Maryland Attorney General, but if they have no civil jurisdiction, it's probably a waste of time. Can anyone shed light on this? (I'm willing to take my chances on trying to convince the A.G. that this is a consumer issue, vice business-to-business, but I'm not prepared to argue that this is a criminal matter.)
 

Marie Pacha

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PA had the facts a little off in that brief, and that was clarified at Arbitration. I sent PA an email copy of a letter I intended to send the Maryland Attorney General's Office and I also sent PA an email stating that I had not sent that letter (well before my Arbitration hearing was even set.) I decided not to pursue that avenue when I reread my contracts and realized I had signed a contract that stated Arbitration was required.

I had previously phoned the Maryland AG's office and explained the basics of the situation and they were interested in hearing my complaint, but my case had some elements that others did not.

While my contracts stated I had to deal with my issues through Arbitration they did NOT state that I could not contact other agencies to help resolve issues and as far as I know it would have been well within my rights to do so. I just focused my efforts on Arbitration.

Maryland AG's office does have a civil division that handles some consumer issues, (according to their website) in answer to your specific question. http://www.usdoj.gov/usao/md/Office/index.html

Marie
 

brianm

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I have a question I wonder if someone can answer. Another PA author who went through arbitration was kind enough to send me PA's brief to the arbitrator. In it, PA complained that the author had filed a complaint with the Maryland Attorney General's Office, and claimed that the only reason to do so would be to seek criminal charges against PA. In my state, the state Attorney General has many consumer protection responsibilities. Is Maryland different? I was thinking about sending a complaint to the Maryland Attorney General, but if they have no civil jurisdiction, it's probably a waste of time. Can anyone shed light on this? (I'm willing to take my chances on trying to convince the A.G. that this is a consumer issue, vice business-to-business, but I'm not prepared to argue that this is a criminal matter.)

Because of the arbitration clause contained in your contract, contacting any other authority is pretty much a waste of time.

That said, PA can’t tell you who you can or cannot contact to resolve your issues with them nor (IMO) will it bode poorly for you if you do pursue arbitration.

Many PA authors have contacted the Maryland AG’s office in the past. Perhaps if they keep getting complaints about PA, they will look into this company’s practices especially in regards to its false advertising and misleading statements on its homepage, which continues to lure naïve writers to sign on with PA.
 

Don Davidson

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Thanks for your comments. They are very encouraging. I will try writing the MD AG when I have the time to really do it right. Those of you who have checked out the PA page on my web site, christianityforthinkers.com, know that I have been carefully documenting my experience with PA after learning the truth not long after I had signed the contract. And I continue to do so. I've been getting an average of 3 solicitations a month from PA, offering to sell me my own book.
 

brianm

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Thanks for your comments. They are very encouraging. I will try writing the MD AG when I have the time to really do it right. Those of you who have checked out the PA page on my web site, christianityforthinkers.com, know that I have been carefully documenting my experience with PA after learning the truth not long after I had signed the contract. And I continue to do so. I've been getting an average of 3 solicitations a month from PA, offering to sell me my own book.

You're welcome.

I would include copies of those solicitations from PA with your letter to the AG along with a screen shot of their homepage, their FAQs page, an explanation as to why their statements are false and misleading, a copy of their new release announcement (with an explanation that it is more of an advertisement for PA than a promotion for your book), and a copy of the list of friends and family members you provided to PA, if you kept a copy.

Remember, you want to do as much of the investigative work for the AG as you can in order to get them interested in reviewing this company's practices for recruiting new writers.

Good luck.
 

Don Davidson

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You're welcome.

I would include copies of those solicitations from PA with your letter to the AG along with a screen shot of their homepage, their FAQs page, an explanation as to why their statements are false and misleading, a copy of their new release announcement (with an explanation that it is more of an advertisement for PA than a promotion for your book), and a copy of the list of friends and family members you provided to PA, if you kept a copy.

Remember, you want to do as much of the investigative work for the AG as you can in order to get them interested in reviewing this company's practices for recruiting new writers.

Good luck.


I will probably send them everything, or just about everything, that is posted on the PA page of my web site, with a nice cover letter that explains it all and ties it together. That's what I had in mind when I said I will do it when I have the time to do it right.
 

James D. Macdonald

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Did they accept it? I know they have a rule about accepting manuscripts that says something along the lines of: "We will not accept a second manuscript until the first has been in publication for at least 6 to 9 months.

Or are they desperate for money and just threw this rule out of the window?

They haven't followed that rule for years. An awful lot of folks have had their second books accepted in that happy honeymoon period.
 

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I have noticed the solicitations have picked up. Three in August and the month not even over yet.

I'm taking this as good news, as a sign PA isn't as profitable as formerly. On the other hand, they may simply be getting greedier. Or on the third hand (huh?), they may be thinking of taking the money and running. Perhaps we shouldn't have clued them about the IRS.

But then they couldn't return to the States... Oh, wouldn't that be loverly? :D
 

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I think the buttkissers get priority treatment as far as second manuscripts go.
I know an enthusiastic PA author who is heading toward a fourth. But oddly, this person seems no longer to name the publisher. Perhaps the bloom is at least that much off the rose.

--Ken
 

Don Davidson

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The solicitations from PA are coming about once a week now--I got my 4th one for August today (8/25), after also getting them on 8/5, 8/11, & 8/18. (All are posted on the PA page of my web site, christianityforthinkers.com.) It's beginning to get tiresome.
 

tlblack

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I would think that with all of the recent court cases, PA is in need of a bit of cash flow that isn't going to pay the fuel bill for the "hellocopter." Hopefully the regulars on the PAMB won't take advantage of these tiresome "buy your own book" deals and PA will have to figure out some other way to come up with the cash.
 

James D. Macdonald

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Or at least a legititmate, decent vanity press that charges for copies purchased, like Lulu.

Oh, they charge for copies purchased all right. That's why they're trying so hard to sell copies.

We've always seen big promotional efforts from PA in August and February (to meet the royalties requirements in September and March). This tells me that they're running something close to a Ponzi scheme down there in Frederick.

They need author self-purchases now (no royalties paid on them) to fund the paltry royalties on the few books that were sold to anyone other than the author during the previous six months.

I suspect that, rather than putting aside the money for royalties as it comes in, they spend it, hoping to sell enough books back to their authors later on to cover the royalties, and printing and mailing all those checks for $0.00.
 

Christine N.

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Well, that's what I mean. And lulu probably makes more money that PA, because it's completely self-reliant. The author is in charge of the editing, uploading and cover art. More of the author-purchased copy price stays at Lulu, with the small staff they have.

If PA kept their 'editing' staff, etc...but did a better job of quality control, and still only charged for copies purchased, I'd bet they'd have the same amount of customers. I mean, Authorhouse, Xlibris, etc... still have bookstores special ordering their books, so why not?

But then they'd have to drop the illusion of being a commercial publisher, which may deter some, but definitely not all. Author: The RPG would continue, I have no doubt.
 

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. . .
But then they'd have to drop the illusion of being a commercial publisher, which may deter some, but definitely not all. Author: The RPG would continue, I have no doubt.
They would also have to charge subsidies up front, like iUniverse, Trafford, and so on. PA's model depends on a combination of relentless deception and shoddy, minimalist work.

PA's approach, which I call "new style vanity publishing" (and so far they seem to be the only practitioner of it, having seized and exploited that niche for themselves) depends on being able to trumpet that there are no fees (and on hiding the back-door subsidy paid through inflated book prices + pressure to buy in bulk).

--Ken
 
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Afinerosesheis

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The solicitations from PA are coming about once a week now--I got my 4th one for August today (8/25), after also getting them on 8/5, 8/11, & 8/18. (All are posted on the PA page of my web site, christianityforthinkers.com.) It's beginning to get tiresome.

I did not get the 8/25 solicitation. Does this mean they are going to leave me alone?
 
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