AT&T forgot my yellow page ad

[basooner]

What is the name of your state (only U.S. law)? Georgia

I have a small business that relies almost completely on phone book and internet advertising. I've advertised in the Atlanta area for the last two years. I renewed everything this year. I.e. placed a yellow page ad in Gwinnett, Marietta and Atlanta along with the companion books.

Well, they forgot to place my ad in the Atlanta book. Without the Atlanta book, I don't know if my business will survive in Atlanta. They have admitted fault, but the only offer that they have made is to credit my account for the cost of the Atlanta ad that I am now not in.

Should I be offered more than this? I feel that I should. But, I don't know the legalities of it. My business is going to suffer tremendously. I do know that. Again, I don't know if I'll be able to continue operations in the Atlanta area. I operate a service company and 99% of my business is either phone book ads or internet searching. I've now lost my yellow pages ad.

What are my options?

Thank you.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Zigner]

...the only offer that they have made is to credit my account for the cost of the Atlanta ad that I am now not in.

That's correct - that is what you agreed to when you placed the ad. Their liability is only the cost of the ad.

 

[las365]

Your economic damages resulting from the failure to place the ad would be hard to prove, particularly given the current economic downturn that is hurting almost every business, but I think it would be worth your time and money to have a consultation with an attorney who can advise you regarding breach of contract and potential deceptive trade practices or other claims you may have.

At the least, you could probably negotiate a more favorable remedy than simply not having to pay for an ad that didn't run.

 

[basooner]

I understand what you are saying Zigner. However, I also contracted to pay for 4 suburbs for the next year. So, I do have to pay for that. But, with only suburbs getting my advertising, I really doubt that my business will be able to continue for the next year.

The contract was to have advertising in the Atlanta "big book" and the 4 burb books. So, the contract was broken by them. So, based on your statement, would I be liable for paying for the "burb books", since they broke the contract?

In my mind, it's kinda like buying a steering wheel from the dealership separate from the car, but then they sell the car to someone else. What good is the steering wheel??

 

[Zigner]

Your economic damages resulting from the failure to place the ad would be hard to prove, particularly given the current economic downturn that is hurting almost every business, but I think it would be worth your time and money to have a consultation with an attorney who can advise you regarding breach of contract and potential deceptive trade practices or other claims you may have.

At the least, you could probably negotiate a more favorable remedy than simply not having to pay for an ad that didn't run.

Not likely, considering the AT&T advertising contracts are very specific in what they are liable for due to errors or omissions. I suppose it can't hurt to talk to an attorney...but it's not likely to go far.