Production Media Company

The Business understands the source of the Consumer's frustration, since two versions of the advertising publication were placed into circulation.  Even though the Consumer's incendiary language such as "lie" and "What don't you understand?" and "biggest ripoff [sic] of my life" are not conducive to professional discourse and resolution of the matter, the Business sincerely desires to allay the Consumer's concerns and maintain a positive relationship.  The Business believes that the Consumer's statements were simply made in haste and anger.
The Business' incorporates its previous response and all supporting documentation, as if they were fully restated herein.
The terms of the parties' contract remain enforceable.  Because of those terms and because the advertisement has already been printed, it cannot be canceled or removed from circulation.  The Business declines to accede to the Consumer's demand for a refund, because the demand does not take into account the benefit that the Consumer received from the advertisement that was printed as promised.  Moreover, the Consumer's claims and incendiary language are false and defamatory.  The Consumer's Rejection clearly acknowledges that the Business conclusively proved that his initial Complaint contained numerous false statements.  Whether the falsehood was purposeful, reckless, or grossly negligent, one of which it must be, the falsehood amounts to defamation. The Business reserves the right to seek a remedy for the damage caused by the Consumer's unlawful conduct.
Nonetheless, as aforesaid, the Business greatly desires to resolve this matter, and the Business believes the matter may be easily and amicably concluded.  The Business is party to an active contract to provide the advertising publication to the same school in the upcoming school year.  The Business will provide an additional year of advertising at no cost.  In this way, the Business will be able to provide that which the Consumer claims to have expected to receive, even though the claims were never part of the contract, and even though the contract explicitly stated that all negotiations had been integrated into the contract document.  In other words, the Business will have provided at least two calendar years of advertising on half of the school's publications or at least one calendar year of advertising on all of the publications.
Please forward this response to the Consumer, and advise the Business of the Consumer's response.

[redacted]DOCUMENT ATTACHED[redacted]
 
From The Desk OfTimothy *. M[redacted], Esq.G e ne r a l C o u n s e l P r o d uc t io n M e d ia  C o m p a ny 8700 Creekside Place Box 5Beaverton OR 97008800.962.2587 Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont,...

WA 98327
VIA EMAIL ONLY TO: [redacted]@theRevdex.com.org May 26, 2016
Re: Complaint ID [redacted] To Whom It May Concern:
The Consumer initiated this Complaint requesting a refund on the grounds that her advertisements were printed containing an incorrect telephone number. Because the Business has already corrected the incorrect printing on one of the advertisements, the Business offers to resolve this matter with a prorated refund for the remaining incorrect advertisement.
The Consumer purchased advertisements to appear in presentation folders and be circulated for one year by real estate agents who work for two real estate groups in her area.  The purchase occurred in two parts.  Please find enclosed on pages three through six copies of the contracts and receipts associated with each of the two parts.
Please also find enclosed on pages six through twelve a printout of an email string, which shows the Business sent attached copies of the first contract and receipt to the Consumer at the time of the first part of the purchase.  The Business' email requested that the Consumer review them 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 the acronym for her business and her first 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 an electronic counterpart acceptance.  Therefore, the Consumer clearly accepted the terms of the contract.
Pages thirteen and fourteen are a printout of an email string showing that the Business sent an attached copy of the contract associated with the second part of the purchase, along with notice that the purchase was complete.
The contracts read in bold print and capital letters, "THIS CONTRACT SHALL NOT BE CHANGED, MODIFIED OR CANCELED." Therefore, the Consumer is not entitled to unilaterally cancel the contract or the associated transactions.  Even if the Business desired to accommodate a request for cancellation, it could not, because printed advertisements cannot be unmade or removed from circulation.
Pages fifteen and sixteen are copies of receipts showing that the Business ordered the printing of folders to be shipped to the same real estate groups as promised on the contracts. Pages seventeen and eighteen are copies of FedEx delivery reports, which show the shipments successfully arrived to the real estate agents for circulation.  Inother words, these documents are independent, third-party verification that the Business fully performed the service to design, print, and place the folders into circulation.
In spite of the foregoing, the Business apologizes for the errors and regrets that they reduce the efficacy of the advertisements.  Because the Business had already scheduled a reprint for one of these advertising publications for unrelated reasons, the Business has inserted a corrected advertisement.  Please find enclosed on pages nineteen and twenty copies of a print order receipt and FedEx delivery confirmation for that new shipment.  The Business has restarted the Consumer's one year of advertising on that publication, so she will receive the full amount of circulation time with the corrected ad copy.  The Business offers to provide a prorated refund for other advertisement that remains incorrect, if it will resolve this matter.
Please forward this response to the Consumer, and advise the Business if any further communication is necessary.Tim M[redacted], Esq. General CounselProduction Media Company 800-962-2587 ext. [redacted]@productionmediaco.com

[redacted]DOCUMENT ATTACHED[redacted]
The Consumer initiated this Complaint claiming that the Business stole $770 from him. Because the Consumer is delinquent paying his bill to the Business, the dollar figure is incorrect, and the allegations of theft are baseless, and any delay in printing his advertisement is...

simply the Business acting in accordance with its rights under the terms of the parties' contracts.  The Business 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 Consumer's false and defamatory  claims.
The Consumer purchased two advertisements for his business to be printed in presentation folders and circulated for one year by real estate agents who work for two agencies in his area.  The purchase occurred in two parts.  Please find enclosed on pages four and five copies of the contract and receipt associated with the first purchase.
Please also find enclosed on pages six and seven a printout of an email string, which specifically shows that the Business sent an attached copy of the first contract to the Consumer at the time of the first part 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 "Confirm" from an email address registered to his name and originating from his 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 an electronic counterpart acceptance.  Therefore, the Consumer clearly accepted the terms of the contract.
Pages eight and nine are copies of the contract and receipt associated with the second part of the purchase.  Pages ten through thirteen are a printout of an email string, which specifically shows that the Business sent an attached copy of the second contract to the Consumer, along with notice that the purchase was complete.  That same email string shows that the Consumer replied "Confirmed" from the same email address, even though the Business did not request that he do so.
Both contracts show that the Consumer paid half of the total contract price at the time of the purchase.  Page fourteen shows that the Consumer paid the second half of the first contract's price.  The second contract required the Consumer to pay the second half of his balance within 30 days of the Contract Date.  The Contract Date was October 27, 2015.  Therefore, the Consumer is more than seven months delinquent making his payments.  The Business has graciously refrained from taking action against the Consumer to date to remedy his delinquency, even though it constitutes breach of contract and would be common practice to refer his delinquency to a third-party collection agency.
Both contracts read, "Failure to pay any amount due . . . may result in delay of printing of advertisement."  In other words, the Business has every right to withhold completion of the service associated with the second contract, until the Consumer performs his contract duty to pay his delinquent liability.
Both contracts also 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 contract or refund of his payments, particularly not when any problem with the performance of the service has caused by his own delinquency.  Even if the Business desired to accommodate a request for cancellation, it could not, because it has already invested its largest expenses into the performance of the service.  They are the cost of the salesperson's time and bonus and of professional graphic design.  Moreover, the Business incurred administrative costs and turned away other potential purchasers, rendering it unlikely to be able to resell the space.  Most importantly, the first advertisement, which has already been printed cannot be unmade or removed from circulation.
The Consumer claims to have been promised that his advertisement would be the only one from his industry printed in the presentation folders.  On the contrary, the contract reads in bold print and capital letters, "EXCLUSIVITY IS NOT AVAILABLE UNLESS SPECIFICALLY STATED HEREIN."  There is no statement in the contract terms that the Consumer was promised exclusivity.  Furthermore, the contract reads, "Contained in the contract is the entire agreement between [the Consumer] and [the Business.]  All negotiations have been integrated into this contract."  Finally, the contract reads, "[The Consumer] has not relied on any promises, statements, or representations not contained herein." Therefore, the Business did everything within its power to notify the Consumer that, if he desired to negotiate for any agreement about exclusivity or other terms, he must write it into the parties' agreement.
Pages fifteen and sixteen 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 a design proof for approval or changes.  Page seventeen is a redacted copy of an invoice, which shows that the Business ordered the printing and shipping of presentation folders for the same real estate agents as promised on the first contract.  In other words, this document is independent, third-party verification that the Business fully performed the service related to the first contract.
The Business is willing to resolve this matter by printing the remaining amount of the service when the Consumer pays his bill. Please forward this response to the Consumer, and advise the Business if any further communication is necessary.

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]

From: Tim M[redacted] [mailto:[redacted]@productionmediaco.com] Sent: Tuesday, July 12, 2016 11:26 AMTo: [redacted] <[redacted]@theRevdex.com.org>Subject: Complaint ID [redacted] Business Response to RejectionTo Whom It May Concern:The Consumer rejected the Business' response on the grounds that it was predictable.  The Consumer continues to demand a full refund in spite of the fact that the Business' previous response conclusively showed that the Business had performed at least a portion of the service and that the parties' signed contract is non-cancellable.The Consumer has added a complaint that he was told by a customer service agent or manager that more than one advertisement had been printed.  The Business thanks the Consumer for calling attention to the error in the Business' previous response, which erroneously stated that only one advertisement had been printed in 2015.  Two of the three advertisements he purchased were printed in 2015.  The Business incorporates all other statements and supporting documentation from its previous response as if they had been fully restated herein.The Consumer complains that the Business has received multiple complaints from customers over the years.  The Business greatly regrets that any customer has been dissatisfied with the service, but as a matter of statistics, a Business that performs services for tens of thousands of customers will have some who are dissatisfied.  In any case, another customer's complaint is not relevant to this matter.  The Business desires to resolve the Consumer's concerns with his purchase, not the Consumer's concerns with the purchases of others.The Business agrees with the Consumer's statement that its previous response was predictablen in citing the terms of the signed agreement and evidence of delivery.  The Business believes any merchant would refer to the terms of an agreement and the evidence that the service had been performed.  The Business also agrees that it was predictable to offer a prorated refund for the service that had not been performed.  The Business knows that it is the right thing to do.The Consumer continues to claim that he was promised four advertisements.  However, he claims that all promises were made orally, even though he signed a contract that only promised three advertisements.  The Business has documents signed by the Consumer to support its position.  The Consumer has only bare, unsupported claims that contradict his own signature.The Consumer complains that the delivery documents provided with the previous response do not prove that the Business shipped the advertisements to the real estate agents for circulation.  At the same time, the Consumer acknowledges receiving a sample publication featuring his advertisement.  The Business does not understand the Consumer's assertion and requests clarification.  Assuredly, he cannot be claiming that the Business printed a sample advertising publication, which featured the custom-designed advertisement that the Consumer approved in writing, then sent the sample to the Consumer, then shipped a box to the real estate group that did not contain the advertising publications, all in an effort be "jokers" and "scam" the Consumer?  Such an assertion would be nonsensical to say the least.The Business declines to accede to the Consumer's demand that it refund payments for services that have been performed.  The Business reiterates its offer to provide a prorated refund for the one advertisement that was not printed.  If the Consumer continues to reject the Business' offer, the Business requests that this Complaint be closed showing that the Business made a good faith effort.  The Business cannot do more for the Consumer than to perform the service and to offer a refund for the unperformed service.  Please forward this response to the Consumer, and advise the Business if any further communication is necessary.

The Consumer initiated this Complaint acknowledging that she received noticeduring a telephone conversation that the service was complete but still claiming to bedue a refund. Even if the Business could refund the transactions, it is not obligated todo so, because it has fully performed the service,...

and because the Consumer signed anon-cancellable contract. Therefore, the Business respectfully requests that thisComplaint be closed and marked that the Business made a good faith effort.The Consumer purchased advertising space for her business to appear inpresentation folders and be circulated for two years by real estate agents who work fora real estate agency in her area. The purchase occurred in two parts.
Please find enclosed on pages three and four copies of the signed contract andreceipt for the first part of the purchase. As the Complaint correctly points out, sheupgraded her purchase to include a larger ad size. Please find enclosed on pages fiveand six copies of the contract and receipt associated with the upgrade purchase. Pagesseven and eight are a printout of an email, which specifically shows that the Businesssent an attached copy of the upgrade contract, along with notice that the upgradepurchase was complete. Of course, the Complaint does not dispute that she agreed.
Part of the service the cardholder purchased was access to the Business'professional graphic design team for assistance creating an original, customizedadvertisement. Pages nine through twenty are printouts of numerous emails betweenthe cardholder and the Business' graphic designer. They show that the Consumerprovided artwork and instructions for the design. They show that the Business providedseveral ad samples and numerous design proofs for the cardholder's approval orchanges. They show that the cardholder approved the design. Even after thecardholder approved the design, the emails show that she later requested additionalchanges, and the merchant promptly made those changes. In other words, theBusiness performed and the Consumer approved this portion of the service in writing.
Page twenty-one is a copy of a receipt showing that the merchant ordered theprinting of folders to be delivered to the same real estate agents as promised on thecontract. Page twenty-two is a copy of a FedEx delivery report showing that the folderswere successfully shipped to the real estate agents. In other words, these documentsare independent, third-party verification that the merchant fully performed the service.
The Complaint claims that the advertisement was not timely printed. Pagetwenty-one shows that the Business ordered the printing on October 9, 2015-126 daysafter the purchase occurred on June 5. The purchase date is shown on each of pagesthree through eight. The terms of the contract read, "[The Business] shall deliver foldersto [the real estate agents] within a reasonable a time, which [the Business] estimates tobe approximately 120 days from Contract Date." In other words, the Business' printorder occurred almost exactly when promised, and the Complaint is false.
The contract also reads in bold print and capital letters, "THIS CONTRACTSHALL NOT BE CHANGED, MODIFIED OR CANCELED." Therefore, the Consumeris not entitled to unilaterally cancel the contracts or transactions. Even if the Businessdesired to accommodate a request for cancellation, it could not, because printedadvertisements cannot be unmade or removed from circulation.
Above the foregoing, the Consumer has already disputed these transactions withher credit card, so the funds have already been taken from the Business. They cannotbe refunded until that the outcome of that dispute is determined.
Because the Consumer's  claim is baseless,  because  the Business fullerformed the service on a non-cancellable contract, and because the funds are alread art of another dispute-resolution mechanism, this Complaint must be closed andarked to show that the Business made a good faith effort.
Tim M[redacted], Esq.General Counsel, Production Media Company800-962-2587 ext. [redacted](F) 503-605-1194

[redacted]DOCUMENT ATTACHED[redacted]
Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327
VIA WEBSITE SUBMISSION AND EMAIL TO: July 20, 2016
Re: Complaint ID [redacted] To Whom It May Concern:
The Consumer initiated this Complaint claiming not to have authorized the...

second of two purchases from te Business.  Because the Consumer authorized both transactions and accepted non-cancellable contracts in both instances, the Business respectfully requests that this Complaint be closed and marked as satisfied or, at least, that the Business made a good faith effort.
The Consumer purchased advertising space for her business to be printed in homework folders and circulated for two years by two schools in her 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 of the purchase .
Please also find enclosed on pages seven and eight a printout of an email string, which explicitly shows that the Business sent an attached copy of the first contract to the Consumer at the time of the first transaction . 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 and signed both her and her husband's names, their business name, and their contact information .
Therefore, the Consumer clearly authorized the first transaction .
The contract and email string 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 nine and ten are a printout of an email string showing that the exact same sequence occurred with the second contract.  Therefore, the Consumer clearly authorized the second transaction in writing and accepted the terms of the second contract.
The Complaint claims that the Consumer did not understand that the second transaction was an upsell in addition to the fust transaction . Rather, she seems to claim that the Business called her out of the blue to offer a free service. However, the Complaint and second contract both clearly show that the second transaction was for an "upgrade" that cost $375. The second contract clearly shows that the Business promised services that were different from the fust contract. The only reasonable reading of the second contract and the Consumer's written acceptance thereof is that the Consumer purchased larger advertising space, a second advertisement at another school, and circulation for a longer time. It is not possible to read the second contract and come to the conclusion that the Consumer had not made a second purchase.The parties' contracts also read, "THIS CONTRACT SHALL NOT BE CANCELED." Therefore, the Consumer is not entitled to unilaterally demand cancellation of that to which she agreed in writing.  Even if the Business desired to accommodate a request for cancellation, it could not, because it has already invested its largest expenses into the performance of the service.  They are the cost of the salesperson's time and bonus and of professional graphic design.  Moreover, the Business incurred administrative expenses and turned away other potential purchasers, rendering it unlikely to be able to resell the space.  A reduction in thenumber of advertisers would reduce the pool of revenue available to design, print , and deliver the homework folders to the schools, and the Business it would be wrong for the parties to renege on a program meant to benefit schoolchildren.
Pages eleven through twenty-four are printouts of numerous emails between the Consumer and the Business' graphic designer.  They show that the Consumer submitted artwork and instructions for the design of the advertisement and that the Business used that information to provide multiple design proofs for the Consumer's approval or changes.  Most importantly, they show that the Consumer replied that she approved the design.
In other words, the Consumer approved this portion of the service in writing.  By designing the advertisement, the Business has performed all of the service that is due to date.This case must be closed and marked satisfied or, at least, that the Business made a good faith effort to resolve the matter, because 1) the Consumer authorized two transactions in writing,2) the Consumer accepted two non-cancellable contracts in writing, 3) the Consumer's claims are demonstrably false, and 4) the Business has performed all of the service that is due to date.Please forward this response to the Consumer, and advise the Business if any further communication is necessary .

[redacted]DOCUMENT ATTACHED[redacted]
Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327
VIA WEBSITE SUBMISSION ONLY July 18, 2016
Re: Complaint ID [redacted] To Whom It May Concern:
The Consumer initiated this Complaint on the grounds that she has not received the...

service she purchased .  Because the Consumer is delinquent paying her bill and because the Business has performed all of the service that is due to date on a non-cancellable contract, the Business respectfully requests that this Complaint be closed and marked that the Business made a good faith effort.
The Consumer purchased advertising space for her business to be printed in presentation folders and circulated for two years by real estate agents who work for three real estate groups. The purchase occurred in two parts . Please find enclosed on pages three through six copies of the contracts and receipts associated with each part of the purchase.
Please also find enclosed on pages seven through nine a printout of an email string, which specifically shows that the Business sent an attached copy of the contract associated with the first part to the Consumer at the time. 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 "confirm" 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 first contract.
Pages ten and eleven are a printout of an email, which explicitly shows that the Business sent an attached copy of the contract associated with the second part to the Consumer at the time, along with notice that the purchase was complete.
The first contract shows that the Consumer agreed to pay the balance of the first part in full at the time.  The receipt shows that she only paid half of the balance.  Therefore, the balance is more than six months past due.
The second contract shows that the Consumer agreed to pay the balance of the second part in full within thirty days.  She failed to do so.  Therefore, the balance is more than five months past due.The parties' contract reads, "Failure to pay any amount due . . . may result in delay of printing of advertisement. " Inother words, the printing of the Consumer's advertisement is not due yet, because she extremely delinquent in paying the balance of her bills.  The Consumer claims that the Business is a "scam." On the contrary, these documents show that the Consumer is in breach of contract, and the Business has graciously refrained from referring the Consumer's delinquency to a collections agency, from damaging her credit, or from seeking a remedy in a court of law.  By filing this Complaint and making her deceitful claims, the Consumer has added defamation and misrepresentation to her unlawful conduct. In spite of the Consumer's delinquency, the Business has performed all of the service that is due to date.  Pages twelve through nineteen are printouts of numerous emails between the Consumer and the Business' professional graphic designer.  They show that the Consumer submitted artwork and instructions for the design of the advertisement and that the Business used that information to provide design proofs for approval or changes.  Most importantly, they show that the Consumer replied "I approve" the design and from the same email address as above.  In other words, the Consumer approve this portion of the service in writing.The parties' contracts also read, this time in bold print and capital letters, "THIS CONTRACT SHALL NOT BE CANCELED."  Therefore, the Consumer is not entitled to unilaterally demand cancellation of the contract or of the associated transactions.
Because the Business sincerely desires to resolve this matter and maintain positive relationships with its customers, the Business offers to forgive the Consumer's unpaid, delinquent balance.  The Business will still print the first advertisement that the Consumer purchased, because the half paid toward the first contract and the half paid toward the second contract constitute sufficient funds to approximately pay off one contract.  Under this arrangement, the Business would not print the second advertisement.
Please forward this response to the Consumer, and advise the Business if any further communication is necessary .

To Whom It May Concern:The Business incorporates its previous response and supporting documentation as if fully set forth herein.  The reason for the Consumer's rejection of the Business' response seems to be that he desires to know when the completed publication will be placed into circulation.  Additionally, it may be that he is dissatisfied with the proof of his advertisement and desires to see a preliminary sample of the entire folder.  The Business' previous response partially answered these questions.  I write further to clarify any vague specifics.  This response refers to previously-provided supporting documentation and the terms thereof.The parties' contract states that the completed publication featuring the Consumer's advertisement will be placed into circulation "at the next reasonably available school term."   This purchase was completed on August 20, 2015.  The first day of school at the educational institution in question was on August 24--two business days after the purchase.  Obviously, there was insufficient time to complete the service between the purchase date and the first day of school.  As discussed at length in the Business' previous response, each participant, including the school, receives custom-designed space as a part of the service and as a courtesy to the school.  Such a service simply cannot be completed in two business days.  The Business responsibly handles the intellectual property of each participant to create attractive marketing space that enhances the branding efforts of the participant.  As a corollary, the Business provides estimated time-frames within which the participants may request changes to the design of their space.  Even if the design could be completed the same day as the advertising purchase, the completed publication could not be printed and shipped before the beginning of the second business day--the day on which school began.  It is an impossibility in practical terms.  Moreover, the Consumer submitted artwork and instructions to be used in the design of the advertisement on August 24--the same day as the beginning of school.  Thus, he clearly did not have an expectation that it would be printed at that time.The purpose of this explanation of the practical realities of the printing time-frame is to show the parties' reasonable expectation at the time of contracting.  The publication featuring the Consumer's advertisement will be delivered at the next reasonably available school term, approximately winter break, in accordance with the exact terms of the contract that were represented and to which the parties agreed at the time of the purchase.If the Consumer is displeased with the design of his ad space, the Business invites him to request changes.  The entire purpose of a proofing process is to ensure that each participant receives high-quality marketing that represents them well in the community.  If the Consumer desires to see the entire publication, the Business will be able to provide that after the publication is complete.  To date, portions of it are still in the process of design.The Consumer's vitriolic statements are misdirected and unreasonable.  Ms. P[redacted] is simply the graphic designer who applies her industry-specific expertise to the creation of an aesthetically-pleasing marketing piece.  The respondent author is the corporation's attorney, and the Business does not belong to him.   The Business' performance of its service is satisfactory the vast majority of the time.  Nonetheless, any other customer's experience is irrelevant to this Complaint or to the Consumer's purchase and contract, since the Business has performed the service fully within the terms to which the parties agreed.Because the foregoing should allay the Consumer's concerns about the printing date and ad design, the Business believes this Complaint should be closed and marked as satisfied.With Respect,Tim M[redacted], Esq.General CounselProduction Media Companyd/b/a School House Folders[redacted](F) [redacted] attn. Tim M[redacted]@productionmediaco.com

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory since a copy of the folder was finally sent to me by the third party.   Nonetheless, the handling of this transaction with me and the third party was unsatisfactory and unprofessional and future clients of this business should be forewarned.
Sincerely, [redacted]

The Consumer's claim is false.  The Consumer initiated credit card disputes for all three transactions with the Business.  Please find attached four pages.  The first page is a transaction receipt, which specifically identifies the Consumer's business as the purchaser.  It shows the last four digits of the credit card that was used to complete the purchase.  The second page is a "chargeback" notice.  A chargeback is the terminology used in the credit card industry for withdrawals that are processed by credit card processors when a cardholder initiates a credit card dispute.  The chargeback notice on page two shows that the exact same payment amount was charged back for the a credit card with the same last four digits.  The third page is a transaction receipt, which specifically identifies the Consumer by name as the purchaser.  Page four is a screenshot of a line item on the merchant's internet portal with its credit card processor.  It shows that a chargeback was also processed for the exact same dollar amount for a credit card ending in the same last four digits.In other words, these documents are independent, third-party verification that the Consumer initiated credit card disputes and received refunds of his payments via that medium.  If the Consumer legitimately believes he has not received these funds, then he needs to double-check his banking statements.  Alternatively, he needs to check with his financial institution to see why they haven't returned the funds to him if he hasn't received them yet.  They have already been withdrawn from the Business' account.The Business continues to decline the Consumer's Desired Settlement.  The Business is not going to perform a service for which it no longer has the payments, and the Business has no legal obligation to do so.  Therefore, the Business respectfully requests that this Complaint be closed and marked as satisfied or, at least, that the Business made a good faith effort.

To Whom It May Concern:
The Consumer initiated this Complaint on the grounds that he believes theBusiness did not perform the service and never had authority to sell part of the service.The Business has performed part of the service, but has not performed another part dueto an oversight. Therefore,...

the Business counteroffers that it is willing to provide aprorated refund for that portion of service, which was not performed.
The Consumer purchased an advertisement for his business to appear inpresentation folders and be circulated for one year by real estate agents in his area.The purchase occurred in two parts.
Pages three and four are copies of the contract and receipt associated with thefirst purchase. Pages five and six are a printout of an email string, which specificallyshows that the Business sent an attached copy of the first contract to the Consumer atthe time of the first purchase. The Business' email requested that the Consumer reviewthe contract prior to replying "CONFIRMED" to complete the purchase. That sameemail string shows that the Consumer replied "Confirmed" from an email addressregistered to his name and originating from his business' domain.
The email and contract both stated that electronic counterpart acceptance iseffective in lieu of a signature. The Consumer's email reply constituted an electroniccounterpart acceptance. Therefore, the Consumer accepted the terms of the contract.Pages seven through ten show that the Consumer went through an identicalprocess for the second purchase.
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 eleven through fourteen printouts ofseveral emails between the Consumer and the Business' graphic designers.
They show that the Consumer submitted artwork and instructions for the design, and theBusiness provided proofs of the advertisement for approval or changes. Mostimportantly, they show that the Consumer replied "Looks great. I approve!" In otherwords, the Consumer approved this portion of the service in writing.
Page fifteen is a copy of a receipt showing that the Business ordered the printingof folders to be delivered to the same real estate agents as promised on the firstcontract. Page sixteen is a copy of a Fed Ex delivery report showing that the folderswere successfully shipped to the first group of real estate agents.
The Consumer alleges that the Business did not have authority to sell advertisingto be circulated on the real estate agents' folders. Pages seventeen and eighteen arecopies of the Business' contracts with the respective real estate agents. They impose aduty on the Business to create the folders. They impose a duty on the real estateagents to circulate the folders. Most importantly, they give the Business authority to sellthe advertising to appear on those folders.
The Complaint correctly points out that the second advertisement has not beenprinted, because the Business promised to print only the real estate agents' "preferredvendors." Therefore, the Consumer is due a prorated refund for the second transaction.The second transaction was for a triple-sized ad and also an upgrade of the originallypurchasedadvertisement from the standard-sized space to a triple ad. In other words,sixty percent of the space purchased with the second transaction has not been printed,and the Consumer is due a sixty percent refund of that second transaction.
Upon the Consumer's acceptance of this resolution, the Business will mail arefund check to the address listed in this Complaint.
With Respect,Tim M[redacted], Esq.General CounselProduction Media Company800-962-2587 ext. [redacted](F) 503-605-1194[redacted]@productionmediaco.com
 
[redacted]Please see attached documents[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted].  The company, as of yesterday, finally provided proof to me of the printing of publications in question.  The lack of total proof and inadequate communications on their behalf is what prompted my complaint in the first place.  In order to fulfill their portion of the contract they will need to continue to print my ad in these publications for the next two years.  I expect proof of each printing please. 
Sincerely,
[redacted]

Complaint: [redacted]I am rejecting this response because: According to the business' last response, "Therefore, the Business has refunded the Consumer's payment via the same medium used to place the payment."This is a false statement. That account used to make the payment is closed and the business did not and cannot refund as the response claims has already happened. I do wish to have my $375 refunded and it has not been refunded despite the false claim. A refund can be sent to the address below and I will consider this matter closed once funds have been transferred to my account. Sincerely,[redacted]Dallas, TX 75218-3566

To Whom It May Concern:
Please find attached the Business' response to this Complaint, along with supporting documentation.
With Respect,
[redacted] Esq.
General CounselProduction Media Company
To Whom It May Concern:
This Complaint was initiated by the Consumer claiming not to have received...

anyresponses from the Business regarding the performance of the service. This Complaintwas due to a miscommunication or lack of communication, and the parties haveresolved their concerns outside of the Revdex.com serving Alaska, Oregonand Western Washington's dispute resolution system. Therefore, the Business believesthis Complaint is moot and should be closed as resolved. I write further only to explainthe reason the Business took the actions it did after the sale.
The Consumer purchased an advertisement to be circulated for two years inhomework folders at a school in his area. Please find enclosed on pages three throughsix copies of two contracts and two receipts associated with the purchase.Please also find enclosed on pages seven through ten a printout of an emailstring in which the Business sent a copy of the first contract to the Consumer at the timeof the purchase. The Business' email specifically shows that it contained an attachmentof the contract, and it requested that the Consumer review it prior to replying"CONFIRMED" to complete the purchase. That same email string shows that theConsumer replied "COMFIRMED [sic]. Please proceed with this order" from an emailaddress registered to his-name and business domain. He also signed his initials, name,business name, and social media information.
The email and contract 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 terms of the contract.
Pages eleven and twelve are a printout of an email notice that the secondpurchase was complete. It contained an attachment of the second contract.Pages thirteen through fifteen are printouts of emails between the Consumer andthe Business' graphic designers. They show that the Consumer submitted artwork andinstructions for the design of his advertisement. They also show that the graphicdesigner used them to create an original, customized advertisement and to submit aproof to the Consumer for approval or changes. That same email string shows that theConsumer replied "I APPROVE" the design.In other words, the Consumer approved this portion of the service in writing, andthe parties clearly did communicate with one another after the transaction.The gravamen of this Complaint is that the Consumer read poor reviews of theservice he purchased and became concerned that the Business would not perform itscontract duties. Since the filing of this Complaint, the Business and Consumer havecommunicated and repaired their relationship.
The Business will perform the service at the contractually-agreed time. Thecontract reads, "[The Business] shall deliver the ad at the next reasonably availableschool term." These transactions occurred August 28-nine days after the first day ofschool on August 19. Therefore, the next reasonably available school term will beginapproximately Winter Break.
Please forward this response to the Consumer, and advise the Business if anyfurther communication is necessary.
With Respect,
Tim M[redacted], Esq.General CounselProduction Media Company, d/b/a School House Folders800-962-2587 ext. [redacted](F) 503-214-8228 attn. Tim M[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]

To Whom It May Concern:Please find attached the Business' response to this Complaint ID [redacted], along with supporting documentation.With Respect,Tim M[redacted], esq.General CounselProduction Media Company[redacted] Tim...

M[redacted]@productionmediaco.comwww.productionmediaco.com
Re: Complaint ID [redacted] To Whom It May Concern: This Complaint was initiated by the Consumer claiming that the Business does not have legal authority to provide the purchased service. Because the Consumer's claim is based on false information from a third party, the Business believes this Complaint is moot and should be closed. Moreover, because the Consumer states that she has already sought a refund through her credit card processor's dispute resolution mechanism, the Business cannot process a refund. The Consumer purchased an advertisement for her business to appear in presentation folders and be circulated for one year by real estate agents who work for a [redacted] agency. Please find enclosed on pages four 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 string in which the Business sent a copy of the contract to the Consumer's business at the time of the purchase. The Business' email specifically shows that it contained an attachment of the contract, and it requested that the Consumer's business review it prior to replying "CONFIRMED" to complete the purchase. That same email string shows that the Consumer's business partner replied "Confirmed" and signed her name, position with the business, and contact information. She also gave specific direction on who would design the advertisement during the next steps of the service. The email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signature. The email reply constituted an electronic counterpart acceptance. Therefore, the business and the Consumer's partner clearly accepted the terms of the contract. Of course, the Consumer's primary dispute is not whether her business accepted the purchase or terms of the contract. Rather, she claims that the Business was not authorized to sell advertising to be circulated by the [redacted] real estate agents. Please find enclosed on page nine a copy of the contract between the Business and the [redacted] agents. It imposes a duty on the Business to create presentation folders. It also imposes a duty on the real estate agents to circulate the folders. Most importantly, it gives the Business authority to sell advertising to sponsors that will appear on the folders. The Consumer claims that the real estate agents deny having given authority to sell the advertising. If the agents ultimately refuse to circulate the folders or persist in denying the existence the contract, they are in breach. Moreover, they will have induced the Consumer to breach the contract into which she entered. In other words, the Business is the victim of both parties' attempts to unwind contracts that they authorized in writing. The Business intends to vigorously defend its reputation against these attempts to cause damages and to defame the Business' valuable reputation. The Consumer claims to have canceled her purchase. Of course, the Consumer's Complaint omits the fact that she agreed to the contract clause "THIS CONTRACT SHALL NOT BE CHANGED, MODIFIED OR CANCELED." The reason the Business proposed this clause, which the Consumer accepted in writing, is that the Business' most significant expenses have already been invested. They are the cost of the salesperson's time and bonus and the reservation of time for the Consumer to work with professional graphic designers in the creation of the advertising space. Moreover, the Business incurred administrative costs and turned away the other potential purchasers of the space, rendering it unlikely to be able to resell the space. Of course, if the real estate agents ultimately do refuse to circulate the folders, the Consumer will not have received the benefit of the service she purchased. In that case, the Business would not retain a payment to which it is not fairly entitled and would accept the Consumer's request to rescind the parties' contract. However, the Business anticipates that the Consumer and real estate agents will reconsider their unlawful attempts to breach their contracts, induce others to breach their contracts, defame the Business' reputation, and commit other actionable legal claims. The Business is currently reviewing the communication from the real estate agents and will respond accordingly to resolve all parties' concerns. The Consumer also complains that she had difficulty submitting artwork to be used in the design of the advertisement. Please find enclosed on pages ten and eleven a printout of an email showing that the Business sent instructions for submitting artwork and designing the advertisement, along with the Consumer's transaction receipt. These same instructions were contained in the previously-referenced emails. The Business also sent a reminder email requesting artwork. Please find a printout of that email enclosed on pages twelve and thirteen. The Consumer has all the information she needs to submit artwork successfully. Regardless of all the foregoing, the Business cannot refund the Consumer's payment. She states that she has already sought a refund through her credit card processor's dispute resolution mechanism. In the normal course of business, those disputed funds will automatically be withdrawn from the Business' account before the Business has an opportunity to respond. Therefore, the Business must await notification of that dispute. Otherwise, the Consumer will receive a double refund. Because the Consumer's claim is based on false information from a third party, because the Consumer authorized a non-cancellable contract in writing, and because the Consumer already sought a separate remedy through her credit card processor, the Business requests that this Complaint be closed. Please forward this response to the Consumer, and advise the Business if any further communication is necessary.
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]

The Business does not dispute most of the Consumer's characterization of the parties' agreements.  The Business declines to refund the prorated portion of the service that was already performed.  However, the Business apologizes again for the two advertisements that were not printed and...

also for the wait for the agreed prorated refund.  The Business will mail a refund check for the prorated amount to the address the Consumer provided.

The Business incorporates its previous response and all supporting documentation as if they were fully restated herein.The Business declines to refund any of the Consumer's payments.  The Rejection continues to claim that the third transaction was not authorized.  However, the aforementioned supporting documentation shows that the complainant's agent replied to the email string containing the third contract and that she specifically requested the Business to perform its advertising service by resizing the advertisement to the larger upgraded size.  Moreover, the complainant's initial claims in this Complaint explicitly acknowledge that the complainant knew that the advertisement was upgraded to a back cover, as stated on the third contract.  In light of two corroborating statements from the complainant and his agent, it is disingenuous for him to claim that it was not authorized.The Business apologizes that a sample folder was not mailed to the complainant.  The Business will mail one to the address listed in this Complaint.If there has been some problem with the shipping of the folders, as the complainant now claims, the Business will happily offer a remedy to ensure that the complainant receives the full amount of circulation time promised on the contracts.  Otherwise, this matter has been settled.  The complainant's claims are demonstrably false based on the parties' paperwork and his own words in this Complaint.  Please close it and mark it as satisfied or, at least, that the Business made a good faith effort to correct the complainant's perception of this matter.

The Business agrees to the Consumer's Desired Settlement and will mail a check to the address listed in this Complaint.  The Business apologizes that the printing of the advertisement was tardy.

Hello,    I have been doing some digging on my end of this complaint. The company, PMC Networking, finally provided me with proof of one finished folder. I also managed to get the contacts of both real estate agents mentioned in the original claim. Neither real estate agent has these folders. I have emails from them and a scan of one of the folders they have. I have re-read the contract I have form PMC Networking and it does state that they have 120 days from the date the contract is signed to have the product completed and shipped. They refuse to provide me with shipping information and with the way I have been treated by this company I am wondering if the information they provided the Revdex.com is incorrect or fabricated.