Production Media Company Reviews (347)
Production Media Company Rating
Address: 12655 SW Center St Ste 515, Beaverton, Oregon, United States, 97005
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The Business apologizes for the wait for printing of the advertising publication. The Consumer is correct that it is overdue. The transaction is too old to refund it to the same medium the Consumer used to pay at the time of the purchase, a credit card. Therefore, the Business will...
mail a refund check to the address listed in this Complaint. The Business regrets that it was not able to serve the Consumer more satisfactorily and wishes the Consumer great success in his future endeavors to market and grow his business.
Complaint: [redacted]I am rejecting this response because:
This company is known to operate a scam and is currently under investigation in several states. See the following:
[redacted]
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Attorney General’s Office Warns About Out Of State Business Soliciting Money On Behalf Of Local School
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Attorney General’s Office Warns About Out Of State Business Soliciting Money On Behalf Of Local School
CONTACT: [redacted] Consumer Assistance Program, [redacted]
November 5, 2015
BUSINESS ADVISORY: The Vermont Attorney General’s Office and the Bristol Police Department are warning Vermont businesses about an out of state company operating a scam that solicits local businesses to donate money to support their area school. The scam company hires a salesperson to ask local businesses to pay for an advertisement that will be placed on an educational folder, typically on a subject like drug prevention, that it says will be provided to students free of charge. This is a scheme that allows the out of state company to collect money from local businesses far in excess of the cost of the “folders” that it may actually deliver to the school. Businesses are advised not to contribute to this type of promotional scheme.
This week, the Bristol Police Department discovered this scam business was operating in Bristol using the names “American Youth Group, Inc.” and “National Campus Professionals.” Through its investigation, Bristol Police learned that the company was planning to contact businesses in other Vermont towns in the coming weeks, including Fair Haven, So. Burlington, and Colchester.
This same scam has operated in Vermont before; other business names that have been used are “PNM” (Production Network Media), “PMC” (Production Media Company), and “Student Relations Inc.”
If your business has been a target, please make a complaint to your local police department and to the Attorney General’s Consumer Assistance Program. You may use the on-line complaint form on our website, www.uvm.edu/consumer or send a written complaint to the following address: Consumer Assistance Program, 146 University Place, 103 Morrill Hall, UVM, Burlington, VT 05405.
Published: Nov 5, 2015
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Note that the company goes by "Production Media Company," "School House Folders," and other names.
Sincerely,[redacted]
Dear Revdex.com,
In response to the message submitted by General Counsel Tim M[redacted], sent on March 3,2016, on behalf of Production Media Company, Production Media Company (dba SchoolHouse Folders) has not performed any of the services it promised to perform in thecontract and therefore I am entitled to cancel the contract. It is unconscionable thatProduction Media Company continues to insist that it has both performed and any moneyshould be paid for the non-performance of services.The contract I entered into was with School House Folders in December 17, 2015 for oneyear of advertising in folders at four specified elementary schools for $1,500. JeniC[redacted] from School House Folders first emailed me in mid-December and verballyconfirmed that the first delivery would be in January 2016. Justin D[redacted] fromProduction Media Company on December 17, 2015 offered to extend the contract for anadditional year (for $562.50) and also promised that the first delivery would be January2016. They did not deliver as promised in January 2016.
In the contract, the language states, “SHF shall deliver the ad at the next reasonablyavailable school term.” (Emphasis added.) It was only in various communication (andlater, lack thereof) with School House Folders – who had initially promised a deliverydate of January 2016 and later stopped communicating regarding the actual delivery datewhen it was clear that they would not deliver in January 2016 – that I began to realizeexactly how vague and ambiguous this language was. On December 17, 2015, I emailedJeni C[redacted] and asked her (1) to hold the older and (2) to not charge my credit cardbecause the contract had no specific dates of delivery and I needed to get Kumonapproval. School House Folders disregarded my request and charged my credit cardanyway for both the $1500 and the $562.50.
The lack of a specific delivery date, the failure to specify a delivery date by SchoolHouse Folders, and the lack of communication over an extended period of time, causedme great concern. Numerous emails and phone calls to School House Folders remainedunanswered and there was no further communication from the previous representatives Ihad worked with. In January 2016, I received an email from a colleague who had asimilar experience with School House Folders and called the company a “scam.” Irealized that School House Folders did not intend and would not actually perform, so Ithen sought a refund of my payment to School House Folders through my credit cardcompany, which was rightfully returned to me.
Once I was refunded my payment through my credit card company, I began hearing fromProduction Media Company instead of School House Folders. General Counsel TimothyM[redacted] began sending harassing and deceitful correspondence claiming a “noncancellablecontract in writing.” It was clear that Production Media Company and SchoolHouse Folders just wanted my money. That is extortion.
Contrary to Mr. M[redacted]’s claim, I did return my ad within the 10-business day deadlineon January 1, 2016 by email to Chris L[redacted], Justin D[redacted]’s alleged supervisor . I didnot miss the art deadline as inaccurately claimed by Mr. M[redacted]. After I submitted myartwork on January 1, 2016, School House Folders stopped responding to my emails. Icontinued to email Chris L[redacted] after Justin D[redacted] stopped responding to my emailsabout a delivery date. No response was received so I decided to cancel my order and get a refund for my payment. So it is School House Folders or Production Media Companythat then failed to perform and is in breach of contract.
I am not alone in suffering the unethical and fraudulent business practices of ProductionMedia Company. Revdex.com has received numerous complaints from other consumers whohave suffered from the dishonest business practices of Production Media Company, aswell as consumer reviews, that confirm these practices. In short, there has been a longestablishedpattern and practice of consumers and customers that have been swindled bythe unethical business practices of Production Media Company.
Also, see their Yelp reviews: [redacted]“…complete and blatant ripoff.”“…pattern of deceptions and stories.”“SCAM ALERT!”“…customer service was terrible.”“We too have been victims…”“This company is horrible, they lie and they don't provide the services aspromised.”“This company is dishonest and their marketing is a scam.”
The word “scam” comes up consistently and repeatedly in many reviews.In short, Production Media Company and School House Folders is owed no money fromme since they have not performed their end of the contract and in fact are in breach of thecontract. Again, I respectfully request Revdex.com help stop any future communication forpayment from Production Media Company, School House Folders, and any of theirrepresentatives, as I consider any such further requests unlawful, unethical, harassment, and extortion.
Thank you for assistance. Please see the attached emails for your reference.Sincerely,[redacted]
Revdex.com: Thank you for your assistance in resolving our complaint with Production Media Company. I have decided to accept the business response, with one caveat. Mr. Tim M[redacted] mentioned that a sample folder had been mailed to our office. To date, I have not received a sample after numerous requests, and our home office requires a sample of all advertising. It is a necessity that I receive a sample. Unfortunately, Keller Williams is unable to locate the folders so I cannot pick up one from the KW office. I would appreciate if Mr. M[redacted] follows up and requests that a sample be mailed to our office. Again, I will be happy when this matter has been resolved. But even then, the management of this company should be encouraged to provide customer service training to all PMC staff. Basic business courtesies, such as answering the phone, returning calls and providing services in a timely manner are reasonable customer expectations. Sincerely, [redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. The business in question has refunded my money.Sincerely, [redacted]
Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327
Re: Complaint ID [redacted] To Whom It May Concern :
The Consumer initiated this Complaint on the grounds that he believes the advertising service was never performed. Because the Business fully...
performed the advertising service in accordance with the exact terms of the parties' non-cancellable contract, this Complaint is based on the Consumer 's erroneous belief.
The Consumer purchased advertising space for his business to be printed in homework folders and circulated for two years at a school in his area. The purchase occurred in two parts. Please find enclosed on pages three through six copies of the contracts and receipts associated with each part .
Please also find enclosed on pages seven through ten printouts of emails showing that the Business sent attached copies of the contract to the Consumer at the time of each part of the purchase . The Business' emails requested that the Consumer review the contract prior to replying "CONFIRMED " to complete the purchase. Those same emails show that the Consumer replied at least once "Hello [salesperson name] . Confirm" and signed his name.
The emails and contracts both stated that electronic counterpart acceptance of the contracts is effective in lieu of a signature. The Consumer 's email reply constituted electronic counterpart acceptance. Therefore, the Consumer clearly accepted the terms of the contracts.
Of course, the Complaint acknowledges that the Consumer agreed to both parts of the purchase.Part of the service the Consumer purchased was access to the Business' professional graphic design team for assistance creating an original, customized advertisement. Please find enclosed on pages eleven through twenty-two are printouts of numerous emails. They show that the Consumer submitted artwork and instructions for the design of the advertisement and that the Business used that information to create numerous design proofs for approval or changes.Page twenty-three is a copy of a receipt showing that the Business ordered the printing of folders to be delivered to the same school as promised on the parties' contracts. Page twenty four is a copy of a FedEx delivery report showing that the folders were successfully shipped to the school for circulation. Inother words, these documents are independent, third-party verification that the Business fully performed the service.The Complaint claims that the Consumer was "cheated." On the other hand, the Complaint acknowledges , "I don't know if it even ran." The Consumer cannot claim to have been cheated if he explicitly acknowledges that he doesn't know whether the Business performed the service. Such claims are reckless and defamatory .
The Consumer complains that the advertisement was not printed by the first day of school. Of course, the Consumer deceitfully omitted that the purchase occurred more than one week after school had started on August 26, according to the school's website . Moreover, the parties never contemplated that the advertisement would be printed in time for the first day of school. On the contrary, the terms of the parties' contracts read, "[The Business] shall deliver the ad at the next reasonably available school term." They also read, "[The two years of advertising] shall .begin on the date of delivery to [the school]." In other words, the Consumer's claim is patently false.
The foregoing shows that the Consumer accuses the Business of dishonesty, when he is the party who is guilty of making directly false statements. His behavior is unlawful, and the Business reserves the right to seek a remedy for the damage he has caused.
The Consumer also complains that the Business has a different d/b/a from its corporate name. The Consumer's complaint is nonsense. Both names are properly registered, and the Consumer knew them at the time of the purchase, because they were on each of the emails and contracts at the time of the purchase. Thus, he also cannot claim that the Business represented itself as the school, since every communication was clearly labeled.
The parties' contract also reads in bold print and capital letters, "THIS CONTRACT SHALL NOT BE CHANGED, MODIFIED OR CANCELED." Therefore, the Consumer is not entitled to unilaterally demand cancellation of the parties ' contract or a refund of the associated payments. Even if the Business desired to accommodate a request for cancellation, it could not, because printed advertisements cannot be unmade or removed from circulation.
Because the Business fully performed the service and because the Consumer accepted a non-cancellable contract in writing, his claims are clearly false, and the Business requests that this Complaint be closed and marked as satisfied or, at least, that the Business made a good faith effort to resolve the matter. Please forward this response to the Consumer, and advise the Business if any further communication is necessary.
The Business apologizes for the error in this matter. Based on the documents available to the Business, it is not possible to determine whether the employee of [redacted] represented that they had authority to order the service on behalf of the Consumer's business. Therefore,...
the Business believes it is right to return the funds to the Consumer. Please find attached a receipt showing that a refund was processed to the same credit card as was used for the payment.
Complaint: [redacted]I am rejecting this response because:I have not received a refund check as of January 11, 2016. When I called management I was told a check was sent on December 23rd. The manager told me he would get back to me. I have definitely not received it and I have three phone calls to find out the status and no one is calling me back. So the drama still continues with this company. Sincerely,[redacted]
I have yet to receive the refund due from this company. Can you please confirm when this will be processed?
Thank you
[redacted]
To Whom It May Concern: Please see the attached Business response to Complaint ID[redacted] along with supporting documentation.
Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327
October 5, 2016
Re: Complaint ID [redacted]
To Whom It May Concern:
The...
Business agrees to the Consumer's Desired Settlement of a full refund of both his payments. I write further only to address the falsehoods in the Complaint that seem to be the result of miscommunication or purely false information from a third party.
The Business does not desire to dispute the Consumer's characterization of his purchases, even if the Business does not necessarily acknowledge the veracity of his claims.
Pages three and four are copies of the Business' contracts with the third party advertising venues at which the Consumer 's advertisements were to circulate. They impose a duty on the Business to print homework folders for the school-advertising venues. They impose a duty on the schools to circulate those folders. They give the Business contractual authority to sell the advertising to be printed on the homework folders and the revenue from which supports the entire cost of original, custom graphic design for all the participants and the schools; printing; and shipping. In other words, the advertising revenue permits the schools to reallocate their limited budget dollars to other important needs, rather than paying for homework folders.
Most importantly, the contracts show that the Business is to produce the homework folders for six years. The contracts are dated in 2014 . In other words, they show that any claim by the Consumer or the advertising venues or any agent of either of the foregoing that the Business does not have authority to print the folders or sell the adverting is purely false and likely defamatory .
Regardless of the foregoing, the Business agrees to the Consumer 's Desired Resolution, so the Business respectfully requests that this Complaint be closed and marked as satisfied.Please forward this response to the Consumer, and advise the Business if any further communication is necessary.
The Business agrees to the Consumer's Desired Settlement, which is his reasonable request that the Business complete the portion of the service that remains incomplete. The Business apologizes for the wait for a portion of the service.
[redacted]DOCUMENT ATTACHED[redacted]
The Consumer initiated this Complaint on the grounds that she believes the Business did not perform the service she purchased. Because the Business did fully perform the service, it respectfully requests that this Complaint be closed and marked as satisfied. The...
Business apologizes to the Consumer for the poor communication that seems to have led to this Complaint.
The Consumer purchased advertising space for her business to appear in presentation folders and be circulated for one year by real estate agents in her area. Please find enclosed on page three a copy of the terms and conditions of the sale. Please also find enclosed on pages four and five a printout of an email, which specifically shows that the Business sent an attached copy of the terms and conditions to the Consumer at the time of the purchase.
Part of the service the Consumer purchased was access to the Business' professional graphic design team for assistance creating an original, customized advertisement. Please find enclosed on pages six and seven a printout of an email in which the Consumer submitted artwork and instructions for the design of the advertisement. Page eight is a printout of an email string showing that the Business used that information to create a design proof for approval or changes. Most importantly, the email string shows that the Consumer replied "Looks good. I approve.Thanks!" and signed her name, position with the business, business name, and contact information.
By providing artwork and instructions and by approving the ad design, the Consumer participated in the service. By participating in the service, the Consumer evidenced her assent to the terms and conditions of the sale. Moreover, a legally-enforceable contract exists whenever parties exchange offer, acceptance, and consideration. In this case, the Business offered the advertising service. The Consumer accepted the offer, and evidenced her acceptance by paying and participating in the service. The parties exchanged consideration in the form of payment, promises to perform contract duties, and performance of the service.
Page nine is a copy of a receipt showing that the Business ordered the printing of folders to be delivered to the same real estate agents as promised on the terms and conditions. Page ten is a copy of a FedEx delivery report showing that the folders successfully arrived to the real estate agents for circulation. In other words, these documents are independent, third-party verification that the Business fully performed the service. In response to this Complaint, the Business has also mailed a sample folder to the Consumer.
Because the Business fully performed the service, this Complaint is clearly the result of a misunderstanding or poor communication. For its role in that, the Business apologizes, and wishes the Consumer great success from this marketing piece. Please forward this response to the Consumer, and advise the Business if any further communication is necessary.
To Whom It May Concern:The complainant initiated this Complaint claiming that the Business has not performedthe service and that the Business overcharged the complainant. The Business has fullyperformed the service. The complainant's business authorized all transactions. The complainantaccepted...
non-cancellable contracts in writing. Therefore, the Business declines the Consumer'sDesired Settlement of a refund but will continue to circulate the advertisements as promised.The Business respectfully requests that this Complaint be closed and marked as satisfied.The complainant purchased advertising space for this business to be printed inpresentation folders and circulated for two years by real estate agents who work for KellerWilliams Realty. The purchase occurred in three parts.Please find enclosed on pages four and five copies of the contract and receipt associatedwith the first part of the purchase. The contract was digitally signed by the complainant.Please find enclosed on pages six and seven copies of the contract and receipt associatedwith the second part of the purchase. This part of the purchase increased the size of theadvertisement to three times the standard size and extended the circulation period. Please alsofind enclosed on pages eight through ten a printout of an email string, which explicitly showsthat the Business sent attached copies of the contract and receipt to the complainant at the time ofthe purchase. The Business' email requested that the complainant review the contract prior toreplying "CONFIRMED" to complete the purchase. That same email string shows that thecomplainant's agent replied "Confirm" confirm on behalf of the complainant's business. Thecomplainant's agent's email originated from an address registered to her name and originatingfrom the complainant's business' domain.The email and contract both stated that electronic counterpart acceptance of the contractis effective in lieu of a signature. The complainant's agent's email reply constituted electroniccounterpart acceptance of the contract. Therefore, the complainant clearly accepted the terms ofthe contract.Of course, the complainant does not dispute that agreed to these two parts of thetransaction. Rather, he claims that a third part of the purchase was unauthorized. Thecomplainant's claim is false. As shown hereafter, the complainant's own words in thisComplaint implicitly show that he knows the third part of the purchase was authorized.Please find enclosed on pages eleven and twelve copies of the contract and receiptassociated with the third part of the purchase. This part of the purchase further increased the sizeof the advertisement to a back cover advertisement. Please also find enclosed on pages thirteenand fourteen a printout of an email string, which explicitly shows that the Business sent anattached copy of the contract to the same agent of the complainant as authorized the second partof the purchase. That same email string shows that the complainant's agent replied instructingthe Business to use the same artwork and instructions for the design of the advertisement as theparties had used to design the advertisement after the second part of the purchase. Thecomplainant's agent replied from the same email address as above and signed her name, positionwith the business, business name, and contact information.The email and contract both stated that electronic counterpart acceptance of the contractis effective in lieu of a signature. The complainant's email instructions constituted electroniccounterpart acceptance. Therefore, the complainant clearly accepted the terms of the thirdcontract and authorized the third transaction.Furthermore, the Consumer's Desired Settlement explicitly states that he knows hisbusiness upgraded the purchase to a back cover advertisement, the same size as was stated on thethird contract. Therefore, the complainant has impliedly acknowledged that he knows the thirdpart of the purchase was authorized.As alluded heretofore, part of the service the complainant purchased was access to theBusiness' professional graphic design team for assistance creating an original, customizedadvertisement. Please find enclosed on pages fifteen through twenty-two printouts of numerousemails between the complainant's agent who authorized the second and third parts of thepurchase and the Business' graphic designer. Those emails show that the complainant submittedartwork and instructions for the design of the advertisement and that the Business used thatinformation to provide design proofs for approval or changes. Most importantly, the final emailshows that the same agent of the complainant replied that the design is "Approved!" and signedher name, position with the business, business name, and contact information.In other words, the complainant approved this portion of the service in writing.Page twenty-three is a copy of a receipt showing that the Business ordered the printing ofpresentation folders scheduled for delivery to the same real estate agents as promised on thecomplainant's contracts. Page twenty-four is a copy of a FedEx Proof of Delivery showing thatthe presentation folders were successfully shipped to the real estate agents for circulation. Inother words, these documents are independent, third-party verification that the Business fullyperformed the service and placed the presentation folders into circulation nearly six months ago,and the Consumer's claim that the real estate group has not seen the presentation folders is false.It is important to note that the third part of the purchase was completed only a few weeksprior to the printing of the presentation folders with insufficient time to include the upgraded sizein that version of the folders. The version currently in circulation only has the upgraded size ofthe second part of the purchase. The upgraded size of the third part of the purchase will beplaced into circulation at the next printing of the presentation folders.The parties' first two contracts both read in bold print and capital letters, "THISCONTRACT SHALL NOT BE CHANGED, MODIFIED OR CANCELED." The parties'third contract reads in bold print and capital letters, "TIDS CONTRACT SHALL NOT BECANCELED." Therefore, the complainant is not entitled to cancel any of the contracts ordemand refunds of the associated transactions. Even if the Business desired to accommodate arequest for cancellation, it could not, because printed advertisements cannot be unmade orremoved from circulation. Additionally, the Business incurs its largest expenses shortly afterany purchase. They are the cost of the salesperson's time and bonus and the cost of professionalgraphic design. Moreover, the Business incurs administrative costs and turns away otherpotential purchasers, rendering it unlikely to be able to resell spaces after they are purchased.The Complaint objects that the Business' responses often recite the terms of the contracts.The Business does not understand the complainant's objection to relying on the written terms ofthe parties' agreement. While the complainant has made numerous false and strongly-wordedaccusations as part of this Complaint, the Business believes it is a better practice to simply relyon the terms of an agreement and documentation proving the terms and contract performance.This is the reason that the Business includes its lengthy explanation of all documents and terms.Additionally, the Business does attempt to include some of the underlying reasoning of some ofthe contract terms, such as the reason the parties agreed on a no cancellation clause.Furthermore, this entire page is a particularized response to the unique claims of this Complaint.The complainant demands that the shipping documentation be signed by a particularagent of the real estate group. Unfortunately, the real estate group did not request that theBusiness ship the folders to the attention of the same employee as the complainant demands, andthe Business cannot change who signed for a shipment in the past. The Business has a duty tothe real estate group to ship the folders to the same agent as promised at the time the real estategroup placed its order for the presentation folders. The Business never promised thecomplainant or any of the other advertisers that the shipping recipient at the real estate groupwould be a particular individual. Obviously, the Business cannot control the internaladministrative workings of the real estate group, nor can the Business control what agent of thereal estate group responds when the FedEx delivery agent arrives.The foregoing shows that each element of this Complaint is false. The complainantclaims that the Business' only response to its customers is to attack them. Interestingly, theComplaint then proceeds to attack the Business with words such as "stolen," "defrauding," and"victims," even though there is no truth to the substance of the Complaint. The complainant'sstatements amount to defamation, and the Business reserves the right to seek a remedy for thedamage caused by the complainant's unlawful conduct.This Complaint exemplifies the reason that a remedy-at-law exists for defamation cases.The complainant read the other complaints on the Revdex.com's website and assumedthe worst, as people often do about their telemarketer. He failed to do his due diligence. Thecomplainant should have carefully reviewed the Business' responses to other complaints. Eitherthe claims were false, and the Business showed them to be so, or the claims had a reasonablebasis, and the Business apologized and offered to make things right with a refund or other formof remedy. The Business is comfortable that these are the appropriate two forms of response.The Business is not obligated to metaphorically wilt and provide refunds when it has performeda service and its contract duties, even if a complaint uses incendiary rhetoric, such as "stolen."The Business does appreciate that the complainant tempered some of the inflammatoryaccusations with an allowance that he would be satisfied with performance of the contract duties.The Business has performed and will continue to perform. Therefore, the Business considers thisComplaint to have been satisfied. Please forward this response to the complainant, and advisethe Business if any further communication is necessary.With Respect,Tim M[redacted], Esq.Independent Counsel representing Production Media Company(Messages) 800-962-2587 ext. 1016(F) 330-423-0424[redacted]@productionmediaco.com[redacted] SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]
[redacted]DOCUMENT ATTACHED[redacted]
Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327VIA WEBSITE SUBMISSION ONLYNovember 11, 2016Re: Complaint ID [redacted] To Whom It May Concern :
This Consumer initiated this Complaint claiming that the Business has not performed...
the service. Because the Business has performed a portion of the service and because the Consumer accepted a non-cancellable contract in writing, the Business declines to refund that portion of the service. However, the Business offers to provide a prorated refund for the portion of the service that has not yet been performed .
The Consumer purchased two advertisements to be printed in homework folders and circulated for two years at each of two schools. The purchase occurred in two parts.
Please find enclosed on pages three and four copies of the contract and receipt associated with the first part of the purchase . Please also find enclosed on pages five through seven a printout of an email string, which explicitly shows that the merchant sent an attached copy of the contract to the Consumer at the time of the purchase . The Business' email requested that the Consumer review the contract prior to replying "CONFIRMED " to complete the purchase . That same email string shows that the Consumer replied "confirmed" from an email address registered to her name.
The email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signature. The Consumer 's email reply constituted electronic counterpart acceptance. Therefore, the Consumer clearly accepted the terms of the contract.
Pages eight through eleven are copies of the contract and receipt and a printout of another email string, which show that the Consumer went through a similar procedure at the time of the second part of the purchase.Part of the service the Consumer purchased was access to the Business ' professional graphic design team for assistance creating an original, customized advertisement. Pages twelve through fifteen are printouts of emails showing that the Consumer submitted artwork and instructions for the design of the advertisement and that the Business used that information to create design proofs for approval or changes.
Most importantly, those emails show that the Consumer replied "I APPROVE. that looks fantastic! thank you so much! [sic]" from the same email address as above and signed her name. In other words, the Consumer approved this portion of the service in writing.
Page sixteen is a copy of a FedEx delivery report showing that the Business successfully shipped one set of the homework folders to the same geographic location in which the school from the Consumer 's first contract is located . Inother words, this document is independent, third-party verification that the Business fully performed the service associated with the first contract.
The Complaint claims that the Consumer was promised a full refund check. If that was the case, then it seems the refund must not have been delivered because of the printing of the first advertisement at about that same time. However, the Business is willing to provide a prorated refund check to the same address listed in this Complaint for the long-overdue second advertisement. Of course, tardy performance of contract duties does not constitute fraud, regardless of the Consumer's allegation. Nonetheless, the Business apologizes for the wait for printing.
Please forward this offer to the Consumer, and advise the Business of the Consumer's response.
*SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. Sincerely, [redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. Sincerely, [redacted] ADDRESS [redacted] ID 83815 A REFUND CAN BE SENT TO THIS ADDRESS FOR $ 200.00
Re: Complaint ID [redacted]
To Whom It May Concern:
The Consumer initiated this Complaint on the grounds that she believes the Business didnot have authority to sell the advertising service she purchased. The Consumer's belief iserroneous and based on incorrect information from a third party....
Nonetheless, the Businessagrees to refund the Consumer's payment to resolve this Complaint. The Consumer does nothave standing to demand refunds of other unidentified customers' payments. I write further onlyto point out the fallacies in the Consumer's claims.
The Consumer purchased advertising to be circulated for one year at a school in her area.The purchase occurred in two parts. Please find enclosed on pages three and four copies of thetransaction receipts and on page five a copy of the terms and conditions of the purchase. Pleasealso find enclosed on pages six through nine printouts of two emails, which specifically showthat the Business sent attached copies of a receipt and the terms and conditions to the Consumerat the time of the purchase.
Of course, the Consumer does not dispute that she agreed to complete the purchase.Even if she did, her dispute would be incorrect. A legally-enforceable contract exists whenparties exchange offer, acceptance, and consideration. In this case, the Business offered theadvertising service. The Consumer accepted the offer, and evidenced her acceptance by payingand participating in the service, as shown hereafter. The parties exchanged consideration in theform of payment, performance of services, and promises to perform contract duties. Therefore,the parties are bound to their agreement and its terms and conditions.
Part of the service the Consumer purchased was access to the Business' professionalgraphic design team for assistance creating an original, customized advertisement.
Pages ten and eleven are a printout of an email string showing that the Consumer submitted artwork andinstructions for the design. Pages twelve and thirteen show that the Business used thatinformation to create a design proof for the Consumer's approval or changes.
By providing artwork, the Consumer participated in the service. By participating in theservice, the Consumer reaffirmed her acceptance of the terms and conditions of the purchase. Byproviding a design proof, the Business has performed all of the service that is due to date. Theterms and conditions read, "[The Business] shall deliver the ad at the next reasonably availableschool term." Therefore, the Business did not promise that the advertisement would be printedwithin a month. Of course, the Business desires to perform the advertising service as rapidly aspossible, but the printing cannot occur until all participants have approved the design of theirspace. Furthermore, the parties' agreement contemplated that a delay in the advertising couldoccur and that the Consumer would be protected by the clause, which states that the one year ofadvertising will not begin until the advertisement is in circulation.
Page fourteen is a copy of the Business' contract with the school. It imposes a duty onthe Business to print the homework folders. It imposes a duty on the school to circulate thefolders. Most importantly, it gives the Business authority to sell the advertising, the revenuefrom which allows the Business to provide the homework folders at no cost to the school. TheBusiness is proud that its service allows schools to obtain homework folders for free and toredirect their valuable budget dollars to other necessities.
The Consumer claims that the school's principal never committed to this homeworkfolders program. The contract was signed by the school's principal. In other words, some untruestatements or severe misunderstandings occurred in the Consumer's interaction with thirdparties.In spite of the foregoing, the Business desires to resolve this matter, so the parties maymove productively forward. The Business will provide a refund check by mail to the addresslisted in this Complaint on the condition that the Consumer agrees to discontinue her untrue,defamatory statements and on the condition that the Consumer withdraw all attempts to obtainrefunds for unidentified persons for whom she has no standing to request refunds. Pleaseforward this response to the Consumer, and advise the Business whether the Consumer agrees tothe conditions.
Tim M[redacted], Esq.General CounselProduction Media
Novetmber 17, 2015Re: Complaint ID [redacted]
To whom It May Concern:
This Complaint was initiated by the Consumer requesting a refund on thegrounds that the Business' customer service did not timely provide the advertisement.Although the Complaint correctly points out that the printing of the...
advertisement was afew weeks late, the Business had already completed it at the time the Consumerrequested cancellation of the parties' contract. Printed advertisements cannot beremoved from circulation.
The Consumer purchased an advertisement to appear in presentation foldersand to be circulated for one year by [redacted] Please find enclosed on pagesfour and five copies of the contract and receipt associated with the purchase.Please also find enclosed on pages six through eight a printout of an email stringin which the Business sent a copy of the contract to the Consumer at the time of thepurchase. The Business' email specifically shows that it contained an attachment of thecontract, and it requested that the Consumer review it prior to replying "CONFIRMED"to complete the purchase. That same email string shows that the Consumer replied"confirmed" and signed her name, her husband's name, the business name, theircontact information, and their contractor's license number.
The contract and email both stated that electronic counterpart acceptance of thecontract is effective in lieu of a signature. The Consumer's email reply constituted anelectronic counterpart acceptance. Therefore, the Consumer clearly accepted the termsof the contract.
Of course, the Consumer does not dispute that the she agreed to make the purchase. Rather, she complains that the printing of the advertisement was late.
Part of the service the Consumer purchased was access to the Business'professional graphic design team for assistance creating an original, customizedadvertisement. Please find enclosed on pages nine through twelve printouts of severalemails between the Consumer and the Business' graphic designers. They show thatthe Business used the artwork and instructions submitted by the Consumer to createseveral proofs of the advertisement for the Consumer's approval or changes. Mostimportantly, they show that the Consumer replied "I approve" the design and signed hername, her husband's name, the business name, their contact information, and theircontractor's license number.
In other words, the Consumer approved this portion of the service in writing.Page thirteen is a copy of a receipt showing that the Business ordered theprinting of a publication to be delivered to the same real estate agency as promised onthe parties' contract. Page fourteen is a copy of a FedEx delivery report showing thatthe publication was successfully shipped to that real estate agency. In other words,these documents are independent, third-party verification that the Business fullyperformed the service.
The Complaint correctly points out that the Consumer requested cancellation ofthe parties' agreement, when the Consumer's husband telephoned the Business'customer service manager. During that conversation, the Business informed theConsumer that the advertisement was already set for printing and could not beremoved. Therefore, cancellation was not possible. The Consumer's husband accusedthe customer service manager of lying to avoid providing a refund.
Of course, the foregoing documents show that the Consumer's belief is incorrect.The parties' agreement stated that the advertisement would be placed into circulation"approximately 120 days from the purchase date." Therefore, the Consumer is correctthat printing was tardy by approximately seven weeks. The Business apologizes.Fortunately, the parties' contract contained a protective clause for the Consumerin case of late printing. It states that the one year of advertising will not begin until theadvertisement is placed into circulation.
Because the advertisement cannot be canceled and because the Business hasalready enacted a remedy for the tardy print date, the Business believes this matter is resolved and this Complaint should be closed. Please forward this response to the Consumer, and advise the Business if any further communication is necessary.
With Respect,Tim M[redacted], Esq.General CounselProduction Media Company800-962-2587 ext. [redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]
Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327VIA WEBSITE SUBMISSION ONLYNovember 4, 2016Re: Complaint ID [redacted] To Whom It May Concern:
The Consumer initiated this Complaint claiming that the Business has not performed the service she purchased ....
The Business performed most of the service and declines to provide a refund for services already performed . However, a small portion of the service has not yet been performed , so the Business offers to mail a prorated refund check to the address listed in this Complaint if the Consumer will acknowledge that it resolves this matter.
The Consumer purchased advertising space for her business to be printed in homework folders and circulated for two years at seven different schools in her area. The purchase occurred in three parts.Please find enclosed on pages three and four copies of the contract and receipt associated with the first part of the purchase. Please also find enclosed on pages five and six a printout of an email string, which explicitly shows that the merchant sent an attached copy of the contract to the Consumer at the time of the purchase . The merchant 's email requested that the Consumer review the contract prior to replying "CONFIRMED " to complete the purchase. That same email string shows that the Consumer replied Confirmed" from an email address registered to her name and containing her full name.
The email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signature. The Consumer 's email reply constituted electronic counterpart acceptance. Therefore, the Consumer clearly accepted the terms of the contract.
Pages seven through fourteen are copies of the contracts and receipts and printouts of email strings showing that the Consumer went through an essentially identical process for each of the second and third parts of the purchase.
Part of the service the Consumer purchased was access to the Business ' professional graphic design team for assistance creating an original, customized advertisement. Page fifteen is a printout of an email showing that the Consumer submitted artwork and instructions for the design of her advertisement. The Business used that information to create a design proof that the Consumer approved July 17, 2015, according to the Business ' internal customer database.
Pages sixteen through twenty are copies of five documents from independent, third parties showing that the Business ordered the printing of five of the same schools as promised on the Consumer 's contracts. Four of them are FedEx delivery reports, and one of them is a printing and shipping invoice from a third-party printing company.
The Consumer is correct that two of the advertisements have not been printed . The Business apologizes for the wait for printing those advertisements and offers to refund a prorated amount for those two unprinted advertisements. The Business declines to refund the portion of the payments associated with the five printed advertisements. The Consumer also claims that the Business cannot change the design of her advertisement. If any of the Business' agents told the Consumer that redesigns are impossible, the Business apologizes. The Business is able to change the design and will happily do so at her request. The Consumer merely needs to call the Business ' graphic designers at [redacted], and just ask for the Art Department. The new design will be inserted at the time of the next print run. Of course, with five different advertising publications at five different venues, the timing of those reprints will vary.
The Consumer's contracts read in bold print and capital letters, "THIS CONTRACT SHALL NOT BE CHANGED, MODIFIED OR CANCELED." Therefore, the Consumer is not entitled to demand cancellation of the contracts or refunds of her payments. Even if the Business desired to accommodate requests for cancellation, it could not for the printed advertisements, because they cannot be unmade or removed from circulation.If the Consumer agrees to consider this matter settled, the Business will refund a prorated portion of her payments to account for the two advertisements that were not printed . Please forward this offer to the Consumer, and advise the Business if any further communication is necessary.
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]
See letter and supporting documentation transmitted via email to Revdex.com agent.To Whom It May Concern: The Consumer initiated this Complaint claiming not to have evidence that the Business performed the service. Because the...
Business fully performed the service and because all the information requested by the Consumer is contained in the attached supporting documentation, the Business declines to provide a refund and respectfully requests that this Complaint be closed and marked as satisfied or, at least, that the Business made a good faith effort to resolve the matter. Please note that the Business refers to the complainant as the Consumer throughout this letter to accommodate the nomenclature of the Revdex.com, even though this is not a consumer matter. It was a business-to-business transaction. The Consumer purchased advertisements for her business to be printed in presentation folders and circulated in her community for one year by real estate agents who work for two real estate groups in the area. The purchase occurred in two parts. Please find attached to the same email as this responsive letter “First Contract” and “First Receipt,” which are documents showing that which the Consumer purchased and how much she paid at the time of the first part of the purchase. Please also find attached “First Electronic Counterpart Acceptance” and “First Emailed Receipt,” which are emails showing that the Business sent attached copies of the contract and receipt to the Consumer at the time of the first purchase. The Business’ email requested that the Consumer review the contract prior to replying “CONFIRMED” to complete the purchase. That same email string shows that the Consumer replied “Confirmed” from an email address, the heading of which shows that it is registered to her name and originates from her business’ domain. The email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signature. The Consumer’s email reply constituted electronic counterpart acceptance. Therefore, the Consumer clearly accepted the terms of the contract. Please find attached “Second Contract” and “Second Receipt,” which are documents showing that which the Consumer purchased and how much she paid at the time of the second part of the purchase, which was an expansion of the original purchase to include larger advertisements circulated by a greater number of real estate agents. Please also find attached “Second Electronic Counterpart Acceptance” and “Second Emailed Receipt,” which show the Consumer went through a nearly identical process to accept the terms of the upgrade contract. Part of the service the Consumer purchased was access to the Business’ professional graphic design team for assistance creating an original, customized advertisement. Please find attached “Email Submission of Artwork (1),” “Email Submission of Artwork (2),” and “Proof Emails.” These are emails between the Consumer and the Business’ graphic designer. They show that the Consumer provided artwork and instructions for the design of the advertisement. They show that the Business used that information to provide design proofs for the Consumer’s approval or changes. Most importantly, they show that the Consumer replied, “That ad looks great. I approve” from the same email address as above, and she signed her name, position with the business, and contact information. Finally, please find attached “UPS Receipt (1)” and “UPS Receipt (2),” which are documents showing that the Business ordered the shipping of the advertising publications to the same real estate groups as promised on the Consumer’s contracts. Also attached are “UPS Shipping Confirmation (1)” and “UPS Shipping Confirmation (2),” which are documents showing that the UPS shipments with the same tracking numbers successfully arrived to the real estate agents for circulation in the Consumer’s community. In other words, these documents are independent, third-party verification that the Business fully performed the service. The Consumer’s contracts read, in bold print and capital letters, “THIS CONTRACT SHALL NOT BE CANCELED.” Therefore, the Consumer is not entitled to unilaterally demand cancellation of the contracts or refunds of her payments. Even if the Business desired to accommodate a request for cancellation, it could not, because printed advertisements cannot be unmade or removed from circulation. The Complaint claims that the Consumer was promised that her business would be the only advertiser of its industry type in the advertising publication. On the contrary, the Business expressly stated the opposite. The Consumer’s contracts read, again in bold print and capital letters, “EXCLUSIVITY IS NOT AVAILABLE UNLESS SPECIFICALLY STATED HEREIN.” They also read, “Contained in the contract is the entire agreement between [the Consumer] and [the Business]. All negotiations have been integrated into this contract.” In other words, even if exclusivity per industry was part of the preliminary negotiations between the Consumer and the Business’ salesperson at some point, it was never part of the final agreement between the parties, because neither of the contracts makes any reference to a promise of exclusivity. Furthermore, the contract reads, again in bold print and capital letters, “THE [CONSUMER] HAS NOT RELIED ON ANY PROMISES, STATEMENTS OR REPRESENTATIONS NOT CONTAINED HEREIN.” In other words, the Business did everything in its power to notify the Consumer that, if she desired some specific or unique terms, they must be written into the contract, so the Business knows to perform on her desires. In spite of the foregoing, the Business cannot say with certainty whether or not the Consumer will consider some of the other businesses in the advertising publication to be her competitors. The Business does not know the exact services performed by her business, and her statement that there ought not to be any other “contractors” in the advertising publication is so broad as to be virtually meaningless. The Complaint claims that the Business has not communicated effectively with the Consumer. If so, the Business apologizes. The Business desires to serve and communicate well with all its customers. The Complaint requests information about the real estate groups that will circulate the folders. Of course, that information was contained on the Consumer’s contracts at the time of the purchase. The Business also assumes she must have known who would be circulating the folders at the time she made the purchase. It seems like an obvious question to ask prior to investing in a marketing program, and particularly then upgrading that same program. The Complaint claims that she has given the Business the benefit of the doubt. On the contrary, the Consumer has filed numerous unreasonable complaints regarding this matter. Among those, she filed a dispute with her financial institution and attempted to unilaterally withdraw her payments. This action was clearly an attempt to breach the contracts. Interestingly, the Consumer’s own financial institution sided with the Business and returned those payments to the Business. The Business demands that the Consumer discontinue filing these frivolous complaints and honor her contract promises to pay for the service she purchased. The Consumer states that she expects to receive samples of the publication that was placed into circulation. The Business is happy to provide those samples by mailing them to the address listed in this Complaint, even though sample folders as evidence of complete performance of the service was never part of the contracts between the parties. Because the Business has fully performed the service and because the Consumer accepted a non-cancellable contract in writing, this Complaint must be closed in the Business’ favor. Please forward this response to the Consumer, and advise the Business if any further communication is necessary. With Respect,Tim M[redacted], Esq.Independent Counsel representing Production Media Company, d/b/a PMC Networking(Messages) 800-962-2587 ext. [redacted](F) 330-423-0424[redacted]@productionmediaco.com*Please view attached documents.