case against yellow page directory

[small company]

What is the name of your state? FL

We have recently contracted with a large yellow page directory (not sure if I should name names??) for an advertising package that was offered. I had agreed to a package deal via email. The package included an in column ad in the yellow pages, bold white page listing, the same ads in their smaller companion book and also online name listing. Before finalizing the proof for our ad, we had a change in our business name. After not being able to get our sales rep to call me back over the course of a month or two, I had contacted a manager with the yellow page company to verify that the name change could be included to which he said yes. When we received our copy of the yellow page directories, however, the only portion that was correct was the in column ad. Our name had not been changed in the white page listing along with errors in a portion of the yellow pages as well. We have spent hours trying to settle with the directory, being passed from one person to the next, but have only been offered a very minimal discount ($100/mo). Can someone tell me if we have any grounds to get out of our contract?? The value of the contract over the course of the year, excluding the online portion which we are willing to pay for($166/mo), would be $3498. This is obviously peanuts to this huge yellow page company but is quite a bit of money for our small company. The directory probably knows that most small companies won't pay to take this to small claims. Any advice will be greatly appreciated.

 

[seniorjudge]

What can you prove in writing (verbal stuff won't do)?

 

[small company]

I have an email advising the manager (to which he responded) of our name change along with my approval of the in column ad which included the new name. This was the only portion that was printed correctly. The remaining parts were all printed with our old company name and web address. The fact that they printed the changes in one ad but not the others shows that they had the correct information at hand. Will that suffice?
Thanks.

 

[justalayman]

in that e-mail did you inform the yellow pages company that you wanted the changes made to all of your ads and hopefully gave a very direct statement or reference to what other ads you wanted included in the change?

from your statement, it seems you may have actually only requested and approved shanges to the one that did get changed. You cannot expect them to automatically look up all your ads and change them unless you request them to do so.

 

[small company]

The statement that was made in the email was that our name was changed which was also apparent in the ad proof. The ad proof was part of a package that included name/website/phone listings in other parts of the book and also in their companion book. I believe that it is the directories responsibility to flow those changes through. Proofs are not made for any of the other ad placements because they are simple name/website/phone listings that corelate to the main ad. The ads were sold to us as a package therefore a change to the main ad should indicate a change to the remaining parts and to our account in general.

 

[seniorjudge]

Go to court and tell the judge your story.

Ask for the farm.

Settle for a cow.

 

[small company]

Thanks SJ. I believe that is what we are going to have to do. One more question....The total value of the contract for the year is over the $5000 small claims max for the state of Florida. Would we be able to argue just the portion of it that was incorrect in small claims court if it is under the limit?

 

[seniorjudge]

Q: One more question....The total value of the contract for the year is over the $5000 small claims max for the state of Florida. Would we be able to argue just the portion of it that was incorrect in small claims court if it is under the limit?

A: If you file in small claims, argue all you want, but all you can collect is $5K and anything above that is gone for good.

 

[small company]

That is good info to know as I am not familiar with the small claims process. Any advice going into it for the first time??
Thanks again!

 

[seniorjudge]

That is good info to know as I am not familiar with the small claims process. Any advice going into it for the first time??
Thanks again!

My best advice for going into small claims is to be 1000% prepared with copies of everything for the judge and the opposing parties.

Be calm. Don't interrupt the other party even if he is an idiot.

Don't roll your eyes or sigh loudly or other dramatics.

Remember that the judge is not going to share your moral outrage.

 

[small company]

SJ. Thanks for taking the time to respond to my dillema. I really do appreciate it and will definately take your advice. I have briefly researched the price of taking something like this to small claims but am not sure if I have missed any hidden costs. Can you tell me what the average cost is in court/filing fees, etc.?

 

[justalayman]

Contact the county courthouse where you would need to file. They generally have pamphlets that give costs. Read the requirements for WHERE you need to file your case and who you must serve.

By your figures above, even if you have already paid the full monthly fees (the $166/month) you are only at about $5500. If you seek redress in a higher court, you would more than likely incur the costs of an attorney which will be well above that $500 (which you actually haven't spent yet anyway so your suit would actually be for less than $5k anyway) you would be writing off.

 

[Happy Trails]

SJ. Thanks for taking the time to respond to my dillema. I really do appreciate it and will definately take your advice. I have briefly researched the price of taking something like this to small claims but am not sure if I have missed any hidden costs. Can you tell me what the average cost is in court/filing fees, etc.?

Some information.

Copy and paste without the "urls".

http://www.fllawonweb.com/SmallClaims.htm
http://www.jud10.org/CountyCourt/SmallClaims/claims.htm
http://members.aol.com/SettleNow/sm-claim.htm

Also Google "Florida small claims court (with the name of your county)".

 

[small company]

We have not actually been billed for any of it yet. The actual total value will be billed over the course of the next year in monthly increments. What is the process with a bill like this?

We have also been told by an acquaintence that another option may be to withhold payment and send them a certified letter detailing why we are not paying under the Fair Credit Billing Act leaving it up to them to try and collect. Any suggestions here?