one man's opinion
Hello to all,
I continue to find it remarkable that in my semi-regular visits to this forum, I still find horror stories concerning PA. How this company has remained operational for seven years is beyond me. For those of you able to sit through a small novella (Pithy is not in my vocabulary) I would like to offer my opinion regarding PA's contract and an update on my wars with those dastardly scalawags. Here goes. Please be advised I am not giving legal advice.
How does one rescind a contract with PA? When I began my research, I had doubts they would release me. Due to the insightful comments by Ms. Strauss and Mr. MacDonald, two individuals who write as intelligently as most lawyers with whom I have done battle, and the ocntributions from the knowledgeable participants at the cooler, I gained more than a modicum of knowledge about that disreputabel company. Ever since I began my quest, I believe I have read every comment written about PA. I have conversed with disgruntled PA authors and others who have experienced the anguish of dealing with them. My condolences to all.
I should pay my thanks to PHil Dolan for his invaluable advice and attorney Charles Petit for the time he spent discussing my claim. I am indebted to both.
There are two methods one can pursue to sever relationships with THEM. You can send a pretty please e-mail begging them to release you and promising them you will never, ever say a bad word about their wonderful company. If you take this approach, you must be on your knees and bow respectfully in the direction of Frederick, Maryland. If they deign to accept your obseqious plea, they will require you to sign a release whereby you promise to forego making any disparaging comments about them for as long as you live. You may also have to promise them possession of your first born son.
The second approach allows you to retain your dignity and hoepfully cast a financial arrow into their hearts. This is by initiating arbitration proceedings with the American Arbitration Association, (AAA) a process which I have undertaken. Has anyone ever wondered why only one ex-author has won an arbitration case against PA? Possible it is because Phil Dolan may be the only one who has intitiated proceedings. I do not know this for a fact but suspect other authors with legitimate claims simply have not taken this step. In my analysis of PA, I believe they are vulnerable to a strong legal attack.
The basis of my claim is that PA, through their web site, e-mails and other propaganda, fraudulently induced me to sign with them and that by relying on said fraudulent inducements, I incurred financial and emotional detriment, i.e. damages. These specific terms are familiar in breach of contract cases.
As little as two months ago, PA's web site (they have since made some changes) promised that I would be one of an exclusive, limited number of authors that PA accepted into their family. "Over 80% of submissions are rejected," they proclaimed. In my Demand for Arbitration, I attached over 130 Exhibits, some of which exposed the above declaration to ridicule. PA will accept just about anything from anyone on any subject. I relied on this statement, among others, when I signed the contract.
PA's books are in all the major bookstores was another claim which enticed me to hand over a portion of my soul. Not according to the officers at the major bookstores was my reply. I personally checked out my local B&N and could not find one, count it, one book by a PA author. The store's manager informed me that they will only order a PA book if a customer requests such.
PA"s books are fully returnable. Maybe in Bejing but not in the fruited plains. This is the major reason bookstores refuse to stock PA's books.
PA's authors are invited to do book signings every day is a really laughable claim that is touted on PA's new web site. Really? Just applying logic, why would a bookstore, unless it is owned by a PA author, pay homage to a company that has an industry-wide reputation for unprofessionalism?
PA is not, in any sense of the word, a POD publisher. Ask any knowledgeable insider of the publishing industry and you will receive a refutation of that claim. PA is simply a modern day version of a vanity publisher attired in fraudulent clothes.
My next allegation concerns paragraph four of their contract. It reads, "Copyright shall be taken out in the name of Author in the USA, and in foreign countries." What would a reasonable person infer from that statement? That PA will do what it takes to copyright your manuscript is my interpretation. But all they do is provide the forms for the author to fill in and send to the copyright agency with a check for $30.00. In my opinion, this paragraph is an outright lie and could provide the basis for recission by itself.
Paragraph 17 states that sales promotion, advertising and publicity shall be at the Publisher's election and discretion.... What if the PUblsiher elects, in his diecretion, not to promote the book? This clause is very close to what I would consider to be a contract of adhesion, wherein one party assumes no duty at all but gains a contractual advantage.
I did not even bother to dissect the other paragraphs of the contract. Victoris Strauss' analysis is as good as I could produce. My point is there are several avenes wherby an individual could allege breach of contract or fraudulently inducement and obtain a favorable verdict.
If the above analysis is accurate, then why has only one individual been abel to prevail? Money is the only reason I could imagine. I expect to expend, not counting fees for expert witnesses, close to $2000 for the right to present my case. In my prayer for damages, I am requesting almost $9000 in actual damages and $60,000 in punitive damages. These are damages that some courts award to punish an especially egregious defendant and also act as a warning to other potential defendants. I do not know if the AAA will entertain such a request but believe it does have some merit. Here is how I arrived at this contention.
In every contract, there is an implied warranty of good faith, that each party will do nothing to retard the execution of said contract, that the parties will, in my words, act as professionals. My contention, one whcih I will strongly urge the arbitration panel to adopt, is that PA's inprofessional behavior, coupled with their misleading, fraudulent and false inducements, justifies the awarding of punitive damages.
Digression: After I sent my third e-mail requesting recission of the contract, I received a sarcastic and possible libelous response from a writer who did not have the courage to sign her, his or its name. The writer castigated me for my scurrilous behavior as a mother would chastise her child for misbehaving. (the big adjectives are mine not PA's. I doubt few employees know their meanig) It suggested I should apologize to PA for my unprofessional behavior. Talk about the pot calling the kettle black! Now have any of you heard of a company or organization who communicates with clients in such a manner? I do not and I have been around since Taft was president.
This e-mail provides the basis for my request for punitives. It may be a stretch in defamatory actions but it affected me mentally and offended the individuals who read it, especially my two teenage sons. PA is an unprofessional company who specializes in browbeating and intimidating its clients. It defames individuals who dare stand up to it. It misleads hopeful authors who rely on its fraudulent inducements. It is a pimple on the world's derrier.
I hope that the above, opinion not advice, will help those in untenable positions with respect to PA. After I conlude my arbitrtion hearing, I will formulate some type of template which others may use if they file for arbitration. PA"s attoney, Victor Cartella, should have his copy of my Demand for Arbitration by Monday. Assuming he doesn't send the cops to my house as he did to another individual who was only expressing his First Amendment rights, I expect his reply within the seek. Even if he decides to release me from my contract, I still may decide to pursue my remedies. This company must be exposed so that others are not damaged. If I do not pervail, I hope those that follow will have more success. I will keep the cooler apprised of future developments. The best to you all.
Oracle signing off
