Draft llepard to Union Leader

[llepard]

I am contemplating sending this letter.

I haDRAFT


Dear Sirs and Madams:

My representative, Linda Lagana contracted verbally with your representative, xxxxxxx, to run an advertisement supporting Ron Paul in your newspaper today, Sunday, December 30, 2007. Payment was made in full in advance. My representative received several verbal assurances that the ad would run.

However, the ad did not run. I do not know why. Perhaps it was an honest mistake, but I cannot help but wonder if you would have made an honest mistake if the ad was for John McCain who you have endorsed. Either way, I expect to be compensated for this contractual breech on your part.

The value of the publicity on this day is literally irreplacable. We will never catch the NH voter on a better day than today was.

Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake and did not run it as promised on 12/30/2007".

or

2. I will purchase a page in your paper every day between now and the primary and run the ad at my expense. Furthermore, I will file suit against you for breach of contract and the damages figure will be huge. I will then depose every single one of your employees and make them testify under oath as to whether or not they received any instructions to not run the adv. I may find nothing, but who knows. I may find something. But be sure of this, I will do this.

I hope you will choose to make the right decision and try to correct the greivous wrong. If not I will be prepared to meet you face to face in court.

Sincerely,

Lawrence W. Lepard


Ive not sent it yet. Paying for the ads will be tough.

Thoughts?

[Mister Grieves]

Well played.

[Real_CaGeD]

Maybe your representative should deliver this statement?

[MRoCkEd]

Have your lawyer send it

[brumans]

Awesome.

[ronpaul.in]

I would wait for an official response, but if this shapes up to be what it seems to be, we should be outraged and act accordingly. Any idea on the cost of such a project?

[kushaze]

Definitely badass. I like it.

[familydog]

I'm with you. Let us know what we can do.

[Dave Pedersen]

Consult with your attorneys.

[FreeTraveler]

Have your lawyer send it
+1

[krott5333]

Consult with your attorneys.

I agree. However, I do like your conditions set forth. You might want to stick to your guns on that.

And yes, have your lawyer send the letter.

[MarcMadness]

Send it , Llepard, and start a chip in to help you pay for the ads, I will gladly contribute. What an outrage.

[quantized]

That letter rocks man! Sue them hard! Make them pay!

[LibertyEagle]

who ---> whom (double-check me, but I'm pretty sure)

You play hardball, llepard.

[Ron LOL]

Way to play hardball, llepard. :D

Edit: +1 on having your attorney send it.

[pacelli]

I am contemplating sending this letter.

I haDRAFT


Dear Sirs and Madams:

My representative, Linda Lagana contracted verbally with your representative, xxxxxxx, to run an advertisement supporting Ron Paul in your newspaper today, Sunday, December 30, 2007. Payment was made in full in advance. My representative received several verbal assurances that the ad would run.

However, the ad did not run. I do not know why. Perhaps it was an honest mistake, but I cannot help but wonder if you would have made an honest mistake if the ad was for John McCain who you have endorsed. Either way, I expect to be compensated for this contractual breech on your part.

The value of the publicity on this day is literally irreplacable. We will never catch the NH voter on a better day than today was.

Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake and did not run it as promised on 12/30/2007".

or

2. I will purchase a page in your paper every day between now and the primary and run the ad at my expense. Furthermore, I will file suit against you for breach of contract and the damages figure will be huge. I will then depose every single one of your employees and make them testify under oath as to whether or not they received any instructions to not run the adv. I may find nothing, but who knows. I may find something. But be sure of this, I will do this.

I hope you will choose to make the right decision and try to correct the greivous wrong. If not I will be prepared to meet you face to face in court.

Sincerely,

Lawrence W. Lepard


Ive not sent it yet. Paying for the ads will be tough.

Thoughts?


The bolded part may be a little much only in the sense that if it goes to trial you don't want to tip them off ahead of time about what questions will be asked. I would definitely leave in the "under oath" part.

Also, I suggest putting a timeline -- you have until XX/XX/XXXX, X:XX am/pm to respond before I pursue legal action.

By the way, I'd also be willing to chip-in.

[0zzy]

You're tough!

Sorta scary and intimidating :).

[quantized]

Send it , Llepard, and start a chip in to help you pay for the ads, I will gladly contribute. What an outrage.

+1000000

[UtahApocalypse]

Oh snap.... Lawrence you are THE MAN !

[ItsTime]

Time line for sure! send it early tomorrow morning and give them to noon.

Go get them! Tell us when to unleash our hounds :)




The bolded part may be a little much only in the sense that if it goes to trial you don't want to tip them off ahead of time about what questions will be asked. I would definitely leave in the "under oath" part.

Also, I suggest putting a timeline -- you have until XX/XX/XXXX, X:XX am/pm to respond before I pursue legal action.

[quantized]

Also, I suggest putting a timeline -- you have until XX/XX/XXXX, X:XX am/pm to respond before I pursue legal action.


+100

[krott5333]

and feel free to start a chip-in, im sure there would be many people here to gladly help with the costs.

[Jojo]

I like it, but maybe you shouldn't say you will run the ad everyday at your cost if they don't. Just call it plan B or something. Tell them you will let them know what plan B is if they refuse to compensate you by running the ad everyday with an apology.

[Mark37snj]

Have your lawyer send it

+1

[Unspun]

Have your lawyer send it

Yes, this would have the greatest effect.

[RP-Republican]

I'd say send it if they come back with a response that you are not satisfied with send the word and we start calling, faxing and emailing.

[shadow26]

I am contemplating sending this letter.

I haDRAFT


Dear Sirs and Madams:

My representative, Linda Lagana contracted verbally with your representative, xxxxxxx, to run an advertisement supporting Ron Paul in your newspaper today, Sunday, December 30, 2007. Payment was made in full in advance. My representative received several verbal assurances that the ad would run.

However, the ad did not run. I do not know why. Perhaps it was an honest mistake, but I cannot help but wonder if you would have made an honest mistake if the ad was for John McCain who you have endorsed. Either way, I expect to be compensated for this contractual breech on your part.

The value of the publicity on this day is literally irreplacable. We will never catch the NH voter on a better day than today was.

Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake and did not run it as promised on 12/30/2007".

or

2. I will purchase a page in your paper every day between now and the primary and run the ad at my expense. Furthermore, I will file suit against you for breach of contract and the damages figure will be huge. I will then depose every single one of your employees and make them testify under oath as to whether or not they received any instructions to not run the adv. I may find nothing, but who knows. I may find something. But be sure of this, I will do this.

I hope you will choose to make the right decision and try to correct the greivous wrong. If not I will be prepared to meet you face to face in court.

Sincerely,

Lawrence W. Lepard


Ive not sent it yet. Paying for the ads will be tough.

Thoughts?


Excellent, but I agree with most of the others...have it dispatched by an attorney. That will be a CLEAR INDICATOR that you mean business.

[bbachtung]

cc it to the Concord Monitor, the Boston Globe, and other media outlets.

Great letter Lawrence.

[Jerome]

I will donate to your cause llepard. I thought your letter was good, but I agree, set a timeframe for their response.

[Mark]

I like it, but maybe you shouldn't say you will run the ad everyday at your cost if they don't. Just call it plan B or something. Tell them you will let them know what plan B is if they refuse to compensate you by running the ad everyday with an apology.

Still contemplating - seems like a good idea not to commit yourself in this way.

You can still do it - don't have to tell them -

it may provide further evidence of prejudiced/malicious intent on their part
if you have further trouble in having the ad placed per contract

no need to tell them - the less they know of future ads - possibly the better

[RP-Republican]

cc it to the Concord Monitor, the Boston Globe, and other media outlets.

Great letter Lawrence.

Notify all there competitors?


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[crazyfacedjenkins]

You must threaten legal action. The letter sounds good, you should stick with that. Good Luck.

[dircha]

Don't send off an inflammatory letter until you have first spoken to someone on the phone.

[Thunderbolt]

I am contemplating sending this letter.

I haDRAFT


Dear Sirs and Madams:

My representative, Linda Lagana contracted verbally with your representative, xxxxxxx, to run an advertisement supporting Ron Paul in your newspaper today, Sunday, December 30, 2007. Payment was made in full in advance. My representative received several verbal assurances that the ad would run.

However, the ad did not run. I do not know why. Perhaps it was an honest mistake, but I cannot help but wonder if you would have made an honest mistake if the ad was for John McCain who you have endorsed. Either way, I expect to be compensated for this contractual breech on your part.

The value of the publicity on this day is literally irreplacable. We will never catch the NH voter on a better day than today was.

Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake and did not run it as promised on 12/30/2007".

or

2. I will purchase a page in your paper every day between now and the primary and run the ad at my expense. Furthermore, I will file suit against you for breach of contract and the damages figure will be huge. I will then depose every single one of your employees and make them testify under oath as to whether or not they received any instructions to not run the adv. I may find nothing, but who knows. I may find something. But be sure of this, I will do this.

I hope you will choose to make the right decision and try to correct the greivous wrong. If not I will be prepared to meet you face to face in court.

Sincerely,

Lawrence W. Lepard


Ive not sent it yet. Paying for the ads will be tough.

Thoughts?

If you threaten them they will stop doing anything at all to work with you. They will clam up, shut down, and not accept any money from you at all. The words lawyer and lawsuit will be enough to get them to stay as far away from you as a nuclear weapon.

I sent you a contact number. Try calling that person, be very polite and see what you can work out. Assume they made an honest error and you just want to figure out a way to make it right. They might help you.

Going off like this will get you no where. I promise. I have done it many times and it is the worst of all possible tactics. Never threaten to sue, it is useless. If you have to sue later, then do so, but I would bet all you would be able to get at most is your money back.

It appears to me you are making threats without having any idea what your legal remedies are and believe me, they know what trouble they can get into, and I would bet a lot it is very little. So, they will laugh at you, ignore you, and never run the ad again.

Try honey, not vinegar.

The bottom line: I know you are angry and want justice, but I doubt any is available to you, if it is, it will take you a ton to hire attorneys to try to get any justice and you will get nothing done for months. By then it is way too late. See what you can get as far as them running the ad a few times. Perhaps ask for this Tuesday, Friday and Sunday. If not that, then Tuesday and Sunday. It will still be run right before the primary and that will be great.

[werdd]

sounds good, they will shit their pants.

[yongrel]

Hold off on sending a letter like that until it remains absolutely necessary. Give the paper the benfit of the doubt and calmly talk to them about the situation.

As much fun as it is to go into a saloon with guns blazing, it is not a good way to win at cards.

[Dave Pedersen]

In any undertaking of this magnitude procuring legal advice BEFOREHAND is the only prudent course of action. Do not send this communique before you consult with an able team of lawyers.

One of the things they will advise against is to express a determination of entering into yet another contract with that same organization. What does this say about your dissatisfaction with the current arrangement? Please I urge you to act in accordance with wisdom.

Cool heads prevail, especially with regards to money and the law.

[tsetsefly]

In any undertaking of this magnitude procuring legal advice BEFOREHAND is the only prudent course of action. Do not send this communique before you consult with an able team of lawyers.

One of the things they will advise against is to express a determination of entering into yet another contract with that same organization. What does this say about your dissatisfaction with the current arrangement? Please I urge you to act in accordance with wisdom.

Cool heads prevail, especially with regards to money and the law.

I agree with these sentiment...

[yongrel]

In any undertaking of this magnitude procuring legal advice BEFOREHAND is the only prudent course of action. Do not send this communique before you consult with an able team of lawyers.

One of the things they will advise against is to express a determination of entering into yet another contract with that same organization. What does this say about your dissatisfaction with the current arrangement? Please I urge you to act in accordance with wisdom.

Cool heads prevail, especially with regards to money and the law.

this

[RPatTheBeach]

removed. irrelevant

[jake]

If you threaten them they will stop doing anything at all to work with you. They will clam up, shut down, and not accept any money from you at all. The words lawyer and lawsuit will be enough to get them to stay as far away from you as a nuclear weapon.

I sent you a contact number. Try calling that person, be very polite and see what you can work out. Assume they made an honest error and you just want to figure out a way to make it right. They might help you.

Going off like this will get you no where. I promise. I have done it many times and it is the worst of all possible tactics. Never threaten to sue, it is useless. If you have to sue later, then do so, but I would bet all you would be able to get at most is your money back.

It appears to me you are making threats without having any idea what your legal remedies are and believe me, they know what trouble they can get into, and I would bet a lot it is very little. So, they will laugh at you, ignore you, and never run the ad again.

Try honey, not vinegar.

The bottom line: I know you are angry and want justice, but I doubt any is available to you, if it is, it will take you a ton to hire attorneys to try to get any justice and you will get nothing done for months. By then it is way too late. See what you can get as far as them running the ad a few times. Perhaps ask for this Tuesday, Friday and Sunday. If not that, then Tuesday and Sunday. It will still be run right before the primary and that will be great.

1) try this

if it doesn't work out to your satisfaction -

send the warning letter (from your lawyer, ideally!) :)

You rock Mr. Llepard!

[Mark]

I am contemplating sending this letter.

Dear Sirs and Madams:

My representative, Linda Lagana contracted verbally with your representative, xxxxxxx, to run an advertisement supporting Ron Paul in your newspaper today, Sunday, December 30, 2007. Payment was made in full in advance. My representative received several verbal assurances that the ad would run.

However, the ad did not run. I do not know why. Perhaps it was an honest mistake, but I cannot help but wonder if you would have made an honest mistake if the ad was for John McCain who you have endorsed. Either way, I expect to be compensated for this contractual breech on your part.

The value of the publicity on this day is literally irreplacable. We will never catch the NH voter on a better day than today was.

Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake and did not run it as promised on 12/30/2007".

or

2. I will purchase a page in your paper every day between now and the primary and run the ad at my expense. Furthermore, I will file suit against you for breach of contract and the damages figure will be huge. I will then depose every single one of your employees and make them testify under oath as to whether or not they received any instructions to not run the adv. I may find nothing, but who knows. I may find something. But be sure of this, I will do this.

I hope you will choose to make the right decision and try to correct the greivous wrong. If not I will be prepared to meet you face to face in court.

Sincerely,

Lawrence W. Lepard

Thoughts?


My representative, Linda Lagana contracted verbally with your representative, xxxxxxx,

~~~
~~~~~~~~~~



My representative received several verbal assurances that the ad would run <--- maybe emphasize "contract".

i.e. "that the ad would run as per the agreed upon verbal contract."



~~~~~~~~~~
~~~


However, the ad did not run. I do not know why. Perhaps it was an honest mistake,

~~~
~~~~~~~~~~


but I cannot help but wonder if you would have made an honest mistake <---

perhaps replace "honest mistake" with "this mistake"

i.e. .. "if you would have made this mistake if the ad was for John McCain"


~~~~~~~~~~~
~~~

if the ad was for John McCain who you have endorsed.

~~~
~~~~~~~~~~~


Either way, I expect to be compensated <---for this contractual breech on your part.

perhaps add "fully"

i.e. "I expect to be fully compensated for this contractual breech."


~~~~~~~~~~~~


The value of the publicity on this day is literally irreplacable. <---

spelling: irreplaceable


~~~~~~~~~~~~


We will never catch the NH voter on a better day than today was. <---

perhaps - change "catch" to something more descriptive.

i.e. - "reach" or even "impact"

"We could never impact the NH voter on a better day"

maybe emphasizes the type of damage caused?

You've been damaged -

perhaps - espouse on the type of damage - define it clearly

~~~~~~~~~~~~
~~~


Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake and did not run it as promised on 12/30/2007".

or

~~~
~~~~~~~~~~~

2. I will purchase a page in your paper every day between now and the primary and run the ad at my expense. <---

as mentioned:

perhaps no need to "paint yourself in a corner" on this one.

You can still do it - if they fail to comply ect -

- more legal grounds for damage - more evidence of malicious intent


~~~~~~~~~~~
~~~~



Furthermore, I will file suit against you for breach of contract and the damages figure will be huge. <---

perhaps: as per below reasons with "make" - use a more legal term

"quite substantial"

"the damages will be quite substantial" ect


~~~~~~~~~


I will then depose every single one of your employees and make <---

perhaps: change "make" to "have"

it may sound less personal and more legal - legal terminology?

"make" sounds demanding a bit - "have" seems more professional to me



~~~~~~~~~~
~~~


them testify under oath as to whether or not they received any instructions to not run the adv. I may find nothing, but who knows. I may find something. But be sure of this, I will do this.
<---

Perhaps: "leave them guessing" - no need to "show your hand" as to your methods of questioning.

simply: "..have them testify under oath in court. Be assured that I will do this."



~~~~~~~~~~~


I hope you will choose to make the right decision and try to correct the greivous <---


spelling: grievous

~~~~~~~~~~~~


wrong. If not I will be prepared to meet you face to face in court. <---

perhaps: leave out "face to face"

i.e. "I will be fully prepared to meet you in court".

~~~~~~~~~~~~
~~~

Sincerely,

Lawrence W. Lepard


Ive not sent it yet. Paying for the ads will be tough.

Thoughts?[/quote]

[Cyclone]

In any undertaking of this magnitude procuring legal advice BEFOREHAND is the only prudent course of action. Do not send this communique before you consult with an able team of lawyers.

One of the things they will advise against is to express a determination of entering into yet another contract with that same organization. What does this say about your dissatisfaction with the current arrangement? Please I urge you to act in accordance with wisdom.

Cool heads prevail, especially with regards to money and the law.

+1

[AFM]

Leopard man isnt fucking around
what a beast

[ggibson1]

If peace doesnt work then fight!

Oh But wont some from Union Leader be angry about being sued?

Who cares.

People dont respect someone who lets themselves get kicked around.

[Yom]

Hold off on the letter before you actually get in contact with them and some dialogue going. If there's no way they're going to run the ad, then bring out the big guns and legal option.


Edit: By the way, my father is a professor in contract law (although he hasn't practiced for quite a while), so I can talk to him to help you in terms of some early legal counsel, but won't be able to represent you, should the need arise.

[walt]

I may find nothing, but who knows. I may find something. <<<consider dropping this phrase - it undercuts the strong language above IMO. :)

[Mark]

"Easy to read" form:


Dear Sirs and Madams:

My representative, Linda Lagana contracted verbally with your representative, xxxxxxx,
to run an advertisement supporting Ron Paul in your newspaper today, Sunday, December 30, 2007.
Payment was made in full in advance. My representative received several verbal assurances that
the ad would run as per the agreed upon verbal contract.

However, the ad did not run. I do not know why. Perhaps it was an honest mistake,
but I cannot help but wonder if you would have made this mistake if the ad was for John McCain whom
you have endorsed. Either way, I expect to be fully compensated for this contractual breech on your part.

The value of the publicity on this day is literally irreplaceable.
We will never impact the NH voter as successfully on a better day than today was.

Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text
above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake
and did not run it as promised on 12/30/2007".

or

2. I will file suit against you for breach of contract and the damages figure will be quite substantial.
I will then depose every single one of your employees and have them testify under oath. Be assured that I will do this."

I hope you will choose to make the right decision and try to correct the grievous wrong.
If not I will be fully prepared to meet you in court.

Sincerely,

Lawrence W. Lepard

[Eponym_mi]

This letter is a VERY bad idea. In the event this should need to go to court, and I suggest this action only if they cannot or will not agree to compensate you in some manner for their f/u, you should not let them know what you intend to do from a legal perspective. You want them to be blindsided by a lawsuit and that lawsuit will speak for itself.

[me3]

I still advise a little patience and a lot of diplomacy before escalating to demands and threats.

[Mark]

The bolded part may be a little much only in the sense that if it goes to trial you don't want to tip them off ahead of time about what questions will be asked. I would definitely leave in the "under oath" part.

Also, I suggest putting a timeline -- you have until XX/XX/XXXX, X:XX am/pm to respond before I pursue legal action.

By the way, I'd also be willing to chip-in.

Good idea to put a deadline in - time is of the essence

[JohnnyWrath]

I said it on the other thread also, but if all possible, I would record any phone calls with them.

[Mark]

Notify all there competitors?


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Great post - once we have confirmation of the response from the Union Leader - perhaps "fire away".

[Eponym_mi]

Something else to consider. What would be reasonable compensation for the f/u? If they ran the ad daily until the primary for the same cost as originally agreed, would that satisfy you? Even that might be too much from their perspective, you really need to get some dialog going with them to see what they might be willing to offer before pursuing any legal action. Make sure you document whatever can be agreed, if any agreement is possible...and hold them to it.

[Malakai0]

It suck that WE keep getting screwed yet WE are the ones who always have to be nice and polite.


What they did today cost us many many thousands of views of that ad at a critical time for our campaign.

[ChicagoLawyer]

The thing is, if you sued your damages would be limited to the price of the ad, so if they give you the money back (which I assume they'll do if the ad didn't run) then you have no cause of action. Just make sure they run it ASAP, and perhaps they'll give you a discount. As someone who used to write in newspapers I can say that this kind of crap (not running the day requested) happens all the time.

Note: I am not Llepard's lawyer, and have not been consulted in rendering any legal advise.

[Omnis]

This letter is a VERY bad idea. In the event this should need to go to court, and I suggest this action only if they cannot or will not agree to compensate you in some manner for their f/u, you should not let them know what you intend to do from a legal perspective. You want them to be blindsided by a lawsuit and that lawsuit will speak for itself.

QFT.

[Mark]

This letter is a VERY bad idea. In the event this should need to go to court, and I suggest this action only if they cannot or will not agree to compensate you in some manner for their f/u, you should not let them know what you intend to do from a legal perspective. You want them to be blindsided by a lawsuit and that lawsuit will speak for itself.

The time is short for effective action - the primaries are very soon.

I agree with the sentiments put forth:

1. Call by phone. If legal and possible, record conversation.

2. At first, use Honey instead of vinegar .

3. Insist on immediate action - time is of the essence.

4. If no satisfaction. Consult with attorneys. Perhaps a conference call with the paper including your attorneys.

5. Fire away with written notice through Council.

[Corydoras]

PLEASE listen to Thunderbolt.

[mavtek]

Sick em!

[homah]

PLEASE listen to Thunderbolt.

+1^100000000000

[Shink]

I am contemplating sending this letter.

I haDRAFT


Dear Sirs and Madams:

My representative, Linda Lagana contracted verbally with your representative, xxxxxxx, to run an advertisement supporting Ron Paul in your newspaper today, Sunday, December 30, 2007. Payment was made in full in advance. My representative received several verbal assurances that the ad would run.

However, the ad did not run. I do not know why. Perhaps it was an honest mistake, but I cannot help but wonder if you would have made an honest mistake if the ad was for John McCain who you have endorsed. Either way, I expect to be compensated for this contractual breech on your part.

The value of the publicity on this day is literally irreplacable. We will never catch the NH voter on a better day than today was.

Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake and did not run it as promised on 12/30/2007".

or

2. I will purchase a page in your paper every day between now and the primary and run the ad at my expense. Furthermore, I will file suit against you for breach of contract and the damages figure will be huge. I will then depose every single one of your employees and make them testify under oath as to whether or not they received any instructions to not run the adv. I may find nothing, but who knows. I may find something. But be sure of this, I will do this.

I hope you will choose to make the right decision and try to correct the greivous wrong. If not I will be prepared to meet you face to face in court.

Sincerely,

Lawrence W. Lepard


Ive not sent it yet. Paying for the ads will be tough.

Thoughts?

Great way to lay the smackdown.

[libertyguy]

We sure do appreciate your efforts, my friend. I think the advice to have an attorney deliver the message...to the publisher via fastest, most head turning way, would be best advised. It is a shame, but we have to fight this battle on all sides at the same time. Seems like the troops are holding up fine and we are behind you all the way. Please advise us if we can assist in any way...emails, phone calls, or whatever!

[sam1952]

PLEASE listen to Thunderbolt.


+1

[MsDoodahs]

Four Words.

Consult. An. Attorney. FIRST.

But if you don't want to do that, or don't have time....try this letter instead:

-----

Sir:

My representative, Linda Lagana, entered into a verbal contract with your representative, xxxxxxx, for an advertisement in your newspaper to be run Sunday, December 30, 2007.

Payment was made in full, in advance.

My representative received multiple verbal assurances that the ad would run.

The ad did not run.

The date for publication was essential, and of irreplaceable value.

As compensation for this contractual breech on your part, I propose the following:

The ad runs daily between now and the NH primary - at no cost to me.

Time is of the essence. Contact me prior to 3pm eastern 12/31/07 at:

Regards,

Lawrence W. Lepard
----

That gives you the time to contact an attorney to handle it for you. It also gives them a heads up that you mean business (phrases like breech of contract.)

It leaves you some negotiation room - by saying that you want the ad to run daily at no cost, they might offer to run it daily for what today's ad would have cost. Or maybe they run it 4 times for free. Gives both sides some options. The key is to get that ad in front of as many eyeballs as possible, and their circulation numbers for weekdays compared to Sundays is where you have the upper hand. Don't let them shit you out of Sunday.
If they do not contact you by 3pm, have your attorney contact them at 3:20pm.

That's my best suggestion. :)

[lurker]

... Either way, I expect to be compensated for this contractual breech on your part...


breech should be spelt "breach"

[scrosnoe]

Four Words.

Consult. An. Attorney. FIRST.

But if you don't want to do that, or don't have time....try this letter instead:

-----

Sir:

My representative, Linda Lagana, entered into a verbal contract with your representative, xxxxxxx, for an advertisement in your newspaper to be run Sunday, December 30, 2007.

Payment was made in full, in advance.

My representative received multiple verbal assurances that the ad would run.

The ad did not run.

The date for publication was essential, and of irreplaceable value.

As compensation for this contractual breech on your part, I propose the following:

The ad runs daily between now and the NH primary - at no cost to me.

Time is of the essence. Contact me prior to 3pm eastern 12/31/07 at:

Regards,

Lawrence W. Lepard
----

That gives you the time to contact an attorney to handle it for you. It also gives them a heads up that you mean business (phrases like breech of contract.)

It leaves you some negotiation room - by saying that you want the ad to run daily at no cost, they might offer to run it daily for what today's ad would have cost. Or maybe they run it 4 times for free. Gives both sides some options. The key is to get that ad in front of as many eyeballs as possible, and their circulation numbers for weekdays compared to Sundays is where you have the upper hand. Don't let them shit you out of Sunday.
If they do not contact you by 3pm, have your attorney contact them at 3:20pm.

That's my best suggestion. :)

+1/sc

[austin4paul]

PLEASE listen to Thunderbolt.

And to ChicagoLawyer! The value of the ad is not "priceless" (although we might all agree with that) -- the value of the ad is what you paid for it. So, if they offer to return your money (which, of course, they will) they will have conducted business with you in good faith and fairly compensated you for damages by returning your money.

I do think that the value of the ad on this Sunday exceeds the value of the ad on days later in the week, but I'd imagine that their ad rates reflect that already and are less expensive during the week.

I'd suggest you try getting them to run the ad a few more times for free, in addition to running it next Sunday.

Good luck, and thank you. I know this must be terribly frustrating for you, and the timing coming right with the upsetting Fox issue only compounds emotions...

[stevedasbach]

I would wait for an official response, but if this shapes up to be what it seems to be, we should be outraged and act accordingly. Any idea on the cost of such a project?

+1 Get a written explanation and compensation offer first.

[Lord Xar]

Try diplomacy. You explain your position and how their endorsement of an opposing candidate and YOUR ad "not showing" on such a crucial time - is very suspect.

Also, perhaps the NY ad you did resonated a TON with people and the Union Leader didn't want that same 'response' from NH voters...

But, I would caution to find out what their excuse is first. Work with them to get perhaps a better deal.

for instance... if their readership for Sunday is 500K, BUT their readership for the weekdays is 300K.. I would suggest the following.

With the money thus so far paid, you get IN WRITING - everything in writing, that they RUN YOUR FULL PAGE on BOTH this coming SAT and SUN for the one price (which you previously paid)...

OR

they RUN your ad on Either Sat or Sun and TWO days during the week.

*******

You lost a great day, BUT -- with the upcoming OMISSION from the debate perhaps you can "ADD" that to your ad (why are they censoring the only candidate....... think people...)

and have that revised ad run for 3x.

What I am trying to say is - work something out. Don't throw out the bathwater just yet.

Also, keep in mind that 'someone might have deliberately' left out the ad - BUT your contact might not know anything about it. Don't assume all are involved.

When I ran the AMES Iowa ad - same thing happened. The ad WAS NOT placed in the sat before the AMES Straw POLL.. Convenience right? They gave me 3 extra runs in lieu of that "good day".

Someone at the 'printing level" or "ad placement" level might of carelessly left it off.

Anyways, do you have the cell contact of the person you interfaced with? call them now.

[mexicanpizza]

Why not just pay off someone at their printing house to stuff all the papers with whatever you want? ;)

Great letter.

[Birdlady]

Whoa you have to consult a lawyer. There is a lot of strong language in it.

Have you tried to get your money back? If not, then your letter is not acceptable.
Have you even contacted them? If not, then your letter is not acceptable.

Now if you had contacted them and they told you to screw off, then your letter would be appropriate.

Don't be that annoying ebayer that gives negative feedback without even contacting the other person first.

Right now your entire letter is based upon speculation (her not running it because they endorsed McCain). You have no proof for this statement and it looks a little kooky to me.

Contact them politely first, but firm. Do not send that one out. It could come back to bite you in the ass.

[jointhefightforfreedom]

llepard for "Vice President"

i say Go with your gut instinct it is usually right!

If they don't run the add i would run it in every competiting newspaper!
highlighting the union leaders bias vs integrity

[jointhefightforfreedom]

Whoa you have to consult a lawyer. There is a lot of strong language in it.

no need to "consult a lawyer" IMO you dont have to run to a lawyer to fight every battle! i wouldn't want to waste $$ on the lawyers!

[Mark]

And to ChicagoLawyer! The value of the ad is not "priceless" (although we might all agree with that) -- the value of the ad is what you paid for it. So, if they offer to return your money (which, of course, they will) they will have conducted business with you in good faith and fairly compensated you for damages by returning your money.

I do think that the value of the ad on this Sunday exceeds the value of the ad on days later in the week, but I'd imagine that their ad rates reflect that already and are less expensive during the week.

I'd suggest you try getting them to run the ad a few more times for free, in addition to running it next Sunday.

Good luck, and thank you. I know this must be terribly frustrating for you, and the timing coming right with the upsetting Fox issue only compounds emotions...

What about intrinsic value?

Like if a paper contracts to run an ad about a store's big sale.

The store spends a lot of money preparing for it. Then the paper doesn't run it.

There are intrinsic damages based on the amount of money/publicity ect the store lost.

This day wasn't chosen at random. It's intrinsic value was the sole reason for choosing it.

There are irreplaceable intrinsic damages involved in the paper's neglect.

[LibertyEagle]

no need to "consult a lawyer" IMO you dont have to run to a lawyer to fight every battle! i wouldn't want to waste $$ on the lawyers!

Rest assured that the newspaper won't hesitate to consult their lawyers though.

I agree with those who said that the best course of action is to contact the person with whom Linda contracted and discuss the situation. I would absolutely not send the current letter without doing so and even then, not until after consulting an attorney.

[piotr1]

Mr. Llepard, your our hero whatever you do! 8)

[jointhefightforfreedom]

Rest assured that the newspaper won't hesitate to consult their lawyers though.

I just wouldn't wait for laywers on this first letter
personally i would be giving them a WTF phone call first.
The first WTF call would go to the sales rep if they can't answer or resolve anything then go up the ladder with WTF until you reach the owner!

[UtahApocalypse]

I agree the first action is contact the paper and try to reach a agreement that will remedy this. But, do not agree to anything less than what you have in the letter.

Second action if that fails is contact a lawyer, and then send the letter.

[Valis33]

They broke an agreement. I'm sure they will be happy to refund the money, and give him some sort of ridiculous excuse as to why they broke their agreement.

I think you should press, and press hard about damages due to missed publicity with the agreed upon timing of your ad.

Surely there are other cases out there that you can take lead from.




Whoa you have to consult a lawyer. There is a lot of strong language in it.

Have you tried to get your money back? If not, then your letter is not acceptable.
Have you even contacted them? If not, then your letter is not acceptable.

Now if you had contacted them and they told you to screw off, then your letter would be appropriate.

Don't be that annoying ebayer that gives negative feedback without even contacting the other person first.

Right now your entire letter is based upon speculation (her not running it because they endorsed McCain). You have no proof for this statement and it looks a little kooky to me.

Contact them politely first, but firm. Do not send that one out. It could come back to bite you in the ass.

[parke]

The powers at be are going to make this war.. arent they? I cant help but to think of JFK. I mean it as in who he was. questions he posed.

I dunno. This entire thing sucks. FOX pulling this *crap* too.

I dont know what is going to happen.. but I have a gut feeling *crap* is going to hit the fan in 2008. With the war.. the economy.. our rights.. something is going to blow a gasket.

Ill be honest. Im scared shitless of our next leader. None of them are addressing the economy, the war or our rights. Its as if they are all from Mars.

No wonder they want to stop Ron Paul. He is the most patriotic American Ive ever seen. His ideas of what America represents is so close to American hearts. Freedom is powerful. Ron Paul inspires people.

This campaign has been a positive boost to my life. Ive never felt prouder to be an American. There is so much on the line...

.....

Could they use this against us? Remember how the Dem's are suing Nader?

Be careful. Youve got more than money invested. Im sure you will make the best move.

[Lord Xar]

Can someone confirm the status of the OTHER NEW HAMPSHIRE PAPERS that Lawrence paid for.

What is the status of those?
What is the result of those?

Any emails lawrence from those other papers?

[Mr. White]

Your letter looks like blackmail to me.

[freelance]

I agree the first action is contact the paper and try to reach a agreement that will remedy this. But, do not agree to anything less than what you have in the letter.

Second action if that fails is contact a lawyer, and then send the letter.

Yes, that's the correct order, but send the letter only after a lawyer looks it over, because non-lawyers don't understand nuances that could have unforeseen consequences. Taking legal action and consulting a lawyer is not the same thing. Legal action isn't going to work to accomplish the goal--immediate (and now, repeated) exposure.

[joenaab]

In any undertaking of this magnitude procuring legal advice BEFOREHAND is the only prudent course of action. Do not send this communique before you consult with an able team of lawyers.

One of the things they will advise against is to express a determination of entering into yet another contract with that same organization. What does this say about your dissatisfaction with the current arrangement? Please I urge you to act in accordance with wisdom.

Cool heads prevail, especially with regards to money and the law.

Yes, Lawrence, I agree with this. Always talk with an attorney first and let them write all correspondence. They will do research to know for certain what rights/laws may have been violated, how you are to proceed, and what remedies might be available to you. Further, they know how to phrase a letter to really scare the shit out of someone, but they do it from a position of strength in knowing the law.

Make a polite inquiry as to why the ad didn't run and try to work something out. Also, no need to offer to run it every day at your expense. If they deliberately didn't run it the first time, they won't run it at all.

Good luck to you. These things are bound to happen. These newspapers have owners with private agendas. I'm not sure if they can legally refuse to run ads, but I don't see why they can't and then simply refund your money.

[The Good Doctor]

Do not send this letter. You will tip them off as to what you want to do. Simply have your lawyer bring the suit upon them.

Frame a different letter that contains a portion of this with the option of pursuing legal action if they won't run the ad for the whole week at their expense. Claim your lawyer is ready to drop the hammer.

If they don't take them to task and contact all media outlets that will pick up this story. This will bring further attention to the fact that media outlets are not giving candidates coverage, even PAID coverage.

That way you are in a win win situation.

You are the man BTW! :D


I am contemplating sending this letter.

I haDRAFT


Dear Sirs and Madams:

My representative, Linda Lagana contracted verbally with your representative, xxxxxxx, to run an advertisement supporting Ron Paul in your newspaper today, Sunday, December 30, 2007. Payment was made in full in advance. My representative received several verbal assurances that the ad would run.

However, the ad did not run. I do not know why. Perhaps it was an honest mistake, but I cannot help but wonder if you would have made an honest mistake if the ad was for John McCain who you have endorsed. Either way, I expect to be compensated for this contractual breech on your part.

The value of the publicity on this day is literally irreplacable. We will never catch the NH voter on a better day than today was.

Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake and did not run it as promised on 12/30/2007".

or

2. I will purchase a page in your paper every day between now and the primary and run the ad at my expense. Furthermore, I will file suit against you for breach of contract and the damages figure will be huge. I will then depose every single one of your employees and make them testify under oath as to whether or not they received any instructions to not run the adv. I may find nothing, but who knows. I may find something. But be sure of this, I will do this.

I hope you will choose to make the right decision and try to correct the greivous wrong. If not I will be prepared to meet you face to face in court.

Sincerely,

Lawrence W. Lepard


Ive not sent it yet. Paying for the ads will be tough.

Thoughts?

[The Good Doctor]

LOL. Ok Romney! ;)


Consult with your attorneys.

[Johncjackson]

I would stop short of making legal threats if you are not an attorney and/or at least not make any specific legal intentions known. I think "take appropriate legal action" or something like that. Do not get into specifics. Or just let the attorney deal with it.

[The Good Doctor]

I'm sorry, but this was 85 grand pre-paid for a full page ad. They F'ed up bad. This is terribly unprofessional on their part.

Go Lawrence! :D


If you threaten them they will stop doing anything at all to work with you. They will clam up, shut down, and not accept any money from you at all. The words lawyer and lawsuit will be enough to get them to stay as far away from you as a nuclear weapon.

I sent you a contact number. Try calling that person, be very polite and see what you can work out. Assume they made an honest error and you just want to figure out a way to make it right. They might help you.

Going off like this will get you no where. I promise. I have done it many times and it is the worst of all possible tactics. Never threaten to sue, it is useless. If you have to sue later, then do so, but I would bet all you would be able to get at most is your money back.

It appears to me you are making threats without having any idea what your legal remedies are and believe me, they know what trouble they can get into, and I would bet a lot it is very little. So, they will laugh at you, ignore you, and never run the ad again.

Try honey, not vinegar.

The bottom line: I know you are angry and want justice, but I doubt any is available to you, if it is, it will take you a ton to hire attorneys to try to get any justice and you will get nothing done for months. By then it is way too late. See what you can get as far as them running the ad a few times. Perhaps ask for this Tuesday, Friday and Sunday. If not that, then Tuesday and Sunday. It will still be run right before the primary and that will be great.

[Cyclone]

Did you all see what Chicago Lawyer said? It is possible all he can get back is what he paid for the ad. I am sure they are giving him that back already. You are only entitled to certain things when you sue, not anything you want or demand.

And consulting with attorneys is the only way to find out what you are entitled to. So why would that be silly? Dave Pedersen made a lot of sense.

[Mark]

Yes, Lawrence, I agree with this. Always talk with an attorney first and let them write all correspondence. They will do research to know for certain what rights/laws may have been violated, how you are to proceed, and what remedies might be available to you. Further, they know how to phrase a letter to really scare the shit out of someone, but they do it from a position of strength in knowing the law.

Make a polite inquiry as to why the ad didn't run and try to work something out. Also, no need to offer to run it every day at your expense. If they deliberately didn't run it the first time, they won't run it at all.

Good luck to you. These things are bound to happen. These newspapers have owners with private agendas. I'm not sure if they can legally refuse to run ads, but I don't see why they can't and then simply refund your money.

I think Larry showed great restraint and wisdom in coming here to post for suggestions
in spite of natural instincts to respond immediately in anger. Cool heads will prevail.

[The Good Doctor]

People don't spend that kind of money on an ad if they didn't expect to have an ROI. And in this case it is to get voters attention to Ron Paul as a candidate.

If it was Company XYZ, they would expect a return on their investment in terms of product sales.


And to ChicagoLawyer! The value of the ad is not "priceless" (although we might all agree with that) -- the value of the ad is what you paid for it. So, if they offer to return your money (which, of course, they will) they will have conducted business with you in good faith and fairly compensated you for damages by returning your money.

I do think that the value of the ad on this Sunday exceeds the value of the ad on days later in the week, but I'd imagine that their ad rates reflect that already and are less expensive during the week.

I'd suggest you try getting them to run the ad a few more times for free, in addition to running it next Sunday.

Good luck, and thank you. I know this must be terribly frustrating for you, and the timing coming right with the upsetting Fox issue only compounds emotions...

[tsetsefly]

Can someone confirm the status of the OTHER NEW HAMPSHIRE PAPERS that Lawrence paid for.

What is the status of those?
What is the result of those?

Any emails lawrence from those other papers?

^^^^^^^^^^^^^^^

[ErikBlack]

Contracted verbally? Really? Verbally?

That's a shame. You should have gotten the terms and conditions in writing. Looks like your representative screwed the pooch on this one. I find it hard to believe that the paper would even operate using verbal agreements for an ad of this size. What was the price? If it was more than a couple hundred bucks I'm pretty sure they would normally employ a written agreement of some sort.

Here is my theory as to what happened:

The paper received your request verbally. The employee who took the order followed the normal procedure for referring the account to the department who would normally dispatch a contract in order to finalize the sale. The powers that be at the paper got wind of your purchase and conveniently "forgot" to send out the contract. The employee, not knowing any better, confirmed with your agent that the ad was set to run as agreed. Your check may have been received but was never cashed. As far as anyone outside of the process is concerned, the deal never existed. Unless you have taped phone conversations, written email confirmations or a canceled check with the terms written on it, a verbal agreement is going to be nearly impossible to prove.

If you raise a stink they will probably just blame it on the employee who took your order, claiming that he did not process it correctly. They'll offer to re-run your ad at a later date or return your money (if the check was cashed). They might fire the employee as a symbolic gesture of appeasement.

[Joby]

They picked the wrong candidate to try and screw over.

anyway, llepard you are awesome.

[jointhefightforfreedom]

The point i was trying to make is hammer them hard!!!
and let us know when you want them to feel the wrath of all of us?

[jointhefightforfreedom]

and Mr llepard i don't think there are words to express our support and applaud for your efforts! YOU ROCK !!!!!

[llepard]

Your letter looks like blackmail to me.

Blackmail?

Based upon what?

This is just business. They have a choice.

Nothing personal, just business.

They can do what they have to do and I will do what i have to do.

As of now we now believe it will run tomorrow for starters. But, this is just the beginning.

[szczebrzeszyn]

In any undertaking of this magnitude procuring legal advice BEFOREHAND is the only prudent course of action. Do not send this communique before you consult with an able team of lawyers.

One of the things they will advise against is to express a determination of entering into yet another contract with that same organization. What does this say about your dissatisfaction with the current arrangement? Please I urge you to act in accordance with wisdom.

Cool heads prevail, especially with regards to money and the law.
This is a very good advice IMHO.

[wfd40]

The bolded part may be a little much only in the sense that if it goes to trial you don't want to tip them off ahead of time about what questions will be asked. I would definitely leave in the "under oath" part.

Also, I suggest putting a timeline -- you have until XX/XX/XXXX, X:XX am/pm to respond before I pursue legal action.

By the way, I'd also be willing to chip-in.

No man.. the bolded part is EXACTLY what is needed. This Aggression will not stand!

The Squeaky wheel gets Greased my friend..

[Galileo Galilei]

I am contemplating sending this letter.

I haDRAFT


Dear Sirs and Madams:

My representative, Linda Lagana contracted verbally with your representative, xxxxxxx, to run an advertisement supporting Ron Paul in your newspaper today, Sunday, December 30, 2007. Payment was made in full in advance. My representative received several verbal assurances that the ad would run.

However, the ad did not run. I do not know why. Perhaps it was an honest mistake, but I cannot help but wonder if you would have made an honest mistake if the ad was for John McCain who you have endorsed. Either way, I expect to be compensated for this contractual breech on your part.

The value of the publicity on this day is literally irreplacable. We will never catch the NH voter on a better day than today was.

Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake and did not run it as promised on 12/30/2007".

or

2. I will purchase a page in your paper every day between now and the primary and run the ad at my expense. Furthermore, I will file suit against you for breach of contract and the damages figure will be huge. I will then depose every single one of your employees and make them testify under oath as to whether or not they received any instructions to not run the adv. I may find nothing, but who knows. I may find something. But be sure of this, I will do this.

I hope you will choose to make the right decision and try to correct the greivous wrong. If not I will be prepared to meet you face to face in court.

Sincerely,

Lawrence W. Lepard


Ive not sent it yet. Paying for the ads will be tough.

Thoughts?

I would call the sales rep first and ask them what happened. They might offer you next Sunday, but one extra bonus day. That would be a lot easier than going through the legal hassles and maybe better for RP as well.

Your NYT essay was great, my parents read it last night as we got together for dinner. Please keep up the great work.

[jenninlouisiana]

Don't send it.

Let first contact be by your attorney.

[UtahApocalypse]

As of now we now believe it will run tomorrow for starters. But, this is just the beginning.

What?!?! Please don't tell me you are settling for a much lesser day.

[emilysdad]

What would Ron do?

[Mark]

What?!?! Please don't tell me you are settling for a much lesser day.

He said this is just the beginning.

Unfortunately we can't turn the clock back, moving forward towards the most equitable solution is our only choice.

Perhaps as well, we can also milk this for additional media exposure beyond the initial proposed impact.

[Mark]

What would Ron do?

Triumph over adversity.

[me3]

Triumph over adversity.
Beautiful. :) Thank you!

[max]

larry,

If they claim that no date was promised to you, you may also want to add that all of us here on the forum can attest to the fact that you indeed told us it was supposed to run today..

Go after these sons of bitches hard and contact local media ....there's no easy way around the battle that we will be facing

[Thanehand]

Contracted verbally? Really? Verbally?

That's a shame. You should have gotten the terms and conditions in writing.

Yes, ALWAYS get a copy of the insertion order for advertisements! Insertion orders are basically the receipt that the media buyer gets when they place an order to insert an advertisement. It contains dates of the run and the cost for each.

[Suzu]

I am having a hard time believing this is even being discussed on a public message board where the whole world - including staff of the Union Leader - can read it at will!

[Mark]

I am having a hard time believing this is even being discussed on a public message board where the whole world - including staff of the Union Leader - can read it at will!

Maybe it'll give the paper the chance to think hard about their response before they respond too lightly.

They need to know we mean business. They all do.

[dt_]

You misspelled "breach" toward the start of the letter.. I don't know if someone else mentioned this yet

[colecrowe]

QFT


Four Words.

Consult. An. Attorney. FIRST.

But if you don't want to do that, or don't have time....try this letter instead:

-----

Sir:

My representative, Linda Lagana, entered into a verbal contract with your representative, xxxxxxx, for an advertisement in your newspaper to be run Sunday, December 30, 2007.

Payment was made in full, in advance.

My representative received multiple verbal assurances that the ad would run.

The ad did not run.

The date for publication was essential, and of irreplaceable value.

As compensation for this contractual breech on your part, I propose the following:

The ad runs daily between now and the NH primary - at no cost to me.

Time is of the essence. Contact me prior to 3pm eastern 12/31/07 at:

Regards,

Lawrence W. Lepard
----

That gives you the time to contact an attorney to handle it for you. It also gives them a heads up that you mean business (phrases like breech of contract.)

It leaves you some negotiation room - by saying that you want the ad to run daily at no cost, they might offer to run it daily for what today's ad would have cost. Or maybe they run it 4 times for free. Gives both sides some options. The key is to get that ad in front of as many eyeballs as possible, and their circulation numbers for weekdays compared to Sundays is where you have the upper hand. Don't let them shit you out of Sunday.
If they do not contact you by 3pm, have your attorney contact them at 3:20pm.

That's my best suggestion. :)

[colecrowe]

I am having a hard time believing this is even being discussed on a public message board where the whole world - including staff of the Union Leader - can read it at will!

Hot Topics please

[Lord Xar]

Lawrence,

DID your other ads work out okay?

have you received feedback on any of them?

(maybe the third time is a charm :) )

[Thor]

I would explain WHY this last Sunday was so important to show the value of why you specifically picked that day (as you stated in another thread, holidays, families at home to discuss, etc) and how the other days do not compare, even next Sunday.

But I would not send that letter right now or you will shut down that advertising channel for good, and it could help RP a good deal. .

I would be nice and see what they offer after you explain the value (a Monday run will not have the same circulation first off, not to mention the value of the holidays) and see what happens.

Consult an attorney if they do not offer you something to make up for their mistake you feel is equal.

2 cents....

[driller80545]

Send it , Llepard, and start a chip in to help you pay for the ads, I will gladly contribute. What an outrage.

I will support this with my donation!

[vinwal]

I will help support this

[AceNZ]

I've been through similar situations several times (as a plaintiff; I'm not a lawyer). If you sue, the paper will likely refund what you paid for the ad and have the suit dismissed before you have a chance to depose anyone. If you manage to get past that point, the judge will almost certainly react more favorably to your position if you can show concrete proof that you tried to resolve the situation amicably.

I disagree with what several others have suggested about having the letter sent by an attorney. This is a common, everyday business dispute. There's really no reason to involve an attorney at this stage. In fact, doing so could easily backfire and result in the paper refusing to run the ad at all.

If it was my ad and my money, I would send the letter below by FAX, possibly with a copy by email.

Good luck!



Dear Sirs and Madams:

On Dec XX, 2007, my representative, Linda Lagana, spoke with xxx, who verbally agreed to run a full-page ad in the Union Leader today, Sunday, Dec 30, 2007. In response to that agreement, I made full payment in advance, by check, which was delivered by XXX {FedEx or whatever} on Dec XX and signed for by XXX. Ms. Lagana received several verbal assurances from XXX as late as Dec XX that the ad would run as planned.

To my considerable surprise, the ad did not run today as agreed. Equally disturbing is that fact that I was not notified in advance, nor was I given any opportunity to respond to whatever the reasons may have been. The ad is extremely time-sensitive, and unfortunately no other day will have the same impact as today would have had, particularly since the ad's effect would have been multiplied by the fact that it also ran in many other newspapers in NH today.

To compensate for the difference in circulation, exposure and timing, I would like to request that the ad run for the next five days, for the same price that was previously quoted to me for running it today.

Please get back to me at the phone number below by 5:00pm ET today to let me know if this is acceptable.

Sincerely,

[pikerz]

The value of the ad isnt limited to what you paid for it. The value is limited to the damages caused by the breach of contract.

That is less apparent in smaller, more common cases. But outcomes have a tendency to change as the dollar values go up. Also, any case is only as good as the lawyer you hire.

[DirtMcGirt]

this is the perfect storm, i love being a part of it... even though i just write letters and place stickers in my area...

RP08

[Birdlady]

I've been through similar situations several times (as a plaintiff; I'm not a lawyer). If you sue, the paper will likely refund what you paid for the ad and have the suit dismissed before you have a chance to depose anyone. If you manage to get past that point, the judge will almost certainly react more favorably to your position if you can show concrete proof that you tried to resolve the situation amicably.

I disagree with what several others have suggested about having the letter sent by an attorney. This is a common, everyday business dispute. There's really no reason to involve an attorney at this stage. In fact, doing so could easily backfire and result in the paper refusing to run the ad at all.

If it was my ad and my money, I would send the letter below by FAX, possibly with a copy by email.

Good luck!



Dear Sirs and Madams:

On Dec XX, 2007, my representative, Linda Lagana, spoke with xxx, who verbally agreed to run a full-page ad in the Union Leader today, Sunday, Dec 30, 2007. In response to that agreement, I made full payment in advance, by check, which was delivered by XXX {FedEx or whatever} on Dec XX and signed for by XXX. Ms. Lagana received several verbal assurances from XXX as late as Dec XX that the ad would run as planned.

To my considerable surprise, the ad did not run today as agreed. Equally disturbing is that fact that I was not notified in advance, nor was I given any opportunity to respond to whatever the reasons may have been. The ad is extremely time-sensitive, and unfortunately no other day will have the same impact as today would have had, particularly since the ad's effect would have been multiplied by the fact that it also ran in many other newspapers in NH today.

To compensate for the difference in circulation, exposure and timing, I would like to request that the ad run for the next five days, for the same price that was previously quoted to me for running it today.

Please get back to me at the phone number below by 5:00pm ET today to let me know if this is acceptable.

Sincerely,

Perfect letter!

[indivi]

I've been through similar situations several times (as a plaintiff; I'm not a lawyer). If you sue, the paper will likely refund what you paid for the ad and have the suit dismissed before you have a chance to depose anyone. If you manage to get past that point, the judge will almost certainly react more favorably to your position if you can show concrete proof that you tried to resolve the situation amicably.

I disagree with what several others have suggested about having the letter sent by an attorney. This is a common, everyday business dispute. There's really no reason to involve an attorney at this stage. In fact, doing so could easily backfire and result in the paper refusing to run the ad at all.

If it was my ad and my money, I would send the letter below by FAX, possibly with a copy by email.

Good luck!



Dear Sirs and Madams:

On Dec XX, 2007, my representative, Linda Lagana, spoke with xxx, who verbally agreed to run a full-page ad in the Union Leader today, Sunday, Dec 30, 2007. In response to that agreement, I made full payment in advance, by check, which was delivered by XXX {FedEx or whatever} on Dec XX and signed for by XXX. Ms. Lagana received several verbal assurances from XXX as late as Dec XX that the ad would run as planned.

To my considerable surprise, the ad did not run today as agreed. Equally disturbing is that fact that I was not notified in advance, nor was I given any opportunity to respond to whatever the reasons may have been. The ad is extremely time-sensitive, and unfortunately no other day will have the same impact as today would have had, particularly since the ad's effect would have been multiplied by the fact that it also ran in many other newspapers in NH today.

To compensate for the difference in circulation, exposure and timing, I would like to request that the ad run for the next five days, for the same price that was previously quoted to me for running it today.

Please get back to me at the phone number below by 5:00pm ET today to let me know if this is acceptable.

Sincerely,

I fully endorse this version of the letter! As a business major, I feel that this letter is far more likely to result in a positive response, and as AceNZ says, it will also put you in a much better position if you have to go to court.

Best of luck, Mr. Lepard!

[Dan Klaus]

Here is my theory as to what happened:

The paper received your request verbally. The employee who took the order followed the normal procedure for referring the account to the department who would normally dispatch a contract in order to finalize the sale. The powers that be at the paper got wind of your purchase and conveniently "forgot" to send out the contract. The employee, not knowing any better, confirmed with your agent that the ad was set to run as agreed. Your check may have been received but was never cashed. As far as anyone outside of the process is concerned, the deal never existed. Unless you have taped phone conversations, written email confirmations or a canceled check with the terms written on it, a verbal agreement is going to be nearly impossible to prove.

If you raise a stink they will probably just blame it on the employee who took your order, claiming that he did not process it correctly. They'll offer to re-run your ad at a later date or return your money (if the check was cashed). They might fire the employee as a symbolic gesture of appeasement.

Update on this situation...hoping no lawyers get involved at this point...it will backfire...just send them a letter as posted above...

[hambone1982]

Dear Sirs and Madams:

On Dec XX, 2007, my representative, Linda Lagana, spoke with xxx, who verbally agreed to run a full-page ad in the Union Leader today, Sunday, Dec 30, 2007. In response to that agreement, I made full payment in advance, by check, which was delivered by XXX {FedEx or whatever} on Dec XX and signed for by XXX. Ms. Lagana received several verbal assurances from XXX as late as Dec XX that the ad would run as planned.

To my considerable surprise, the ad did not run today as agreed. Equally disturbing is that fact that I was not notified in advance, nor was I given any opportunity to respond to whatever the reasons may have been. The ad is extremely time-sensitive, and unfortunately no other day will have the same impact as today would have had, particularly since the ad's effect would have been multiplied by the fact that it also ran in many other newspapers in NH today.

To compensate for the difference in circulation, exposure and timing, I would like to request that the ad run for the next five days, for the same price that was previously quoted to me for running it today.

Please get back to me at the phone number below by 5:00pm ET today to let me know if this is acceptable.

Sincerely,


I fully endorse this version of the letter! As a business major, I feel that this letter is far more likely to result in a positive response, and as AceNZ says, it will also put you in a much better position if you have to go to court.

Best of luck, Mr. Lepard!

+1

[AceNZ]

The value of the ad isnt limited to what you paid for it. The value is limited to the damages caused by the breach of contract.

You could say the same about ad misprints, which happen all the time. The paper will likely argue that the contract was agreed to on a best-effort basis, and that as a standard business practice they would never accept liability for an ad that didn't run when agreed.

To get beyond an early dismissal, I suspect that llepard would need to show that he was personally damaged in a financially quantifiable way -- which I don't think is true in this case, as maddening as it is.



Also, any case is only as good as the lawyer you hire.

Very true. I think it would be a challenging case, though.

[susano]

What's the update, here? I saw they ran it, today. Running on Monday instead of Sunday doesn't cut it. Not my call but I'm wondering where llepard is on this.

[JS4Pat]

Is there any update on this????

[Lyn]

I've been wondering on the status of the ad myself. Someone give us some news. I've been talking with my NH family members about the whole thing and want to give them some new info when its available.

[brumans]

What's the update, here? I saw they ran it, today. Running on Monday instead of Sunday doesn't cut it. Not my call but I'm wondering where llepard is on this.

Aren't there less readers on Monday than Sunday? Shouldn't he get compensated because of that?

I know in most newspaper advertisements, it's cheaper to run it on Monday. So if llepard bought it at the price of a Sunday, and it ran Monday, that's not right.

[jgmaynard]

I have about 15 years of business management experience, and I fully believe the latest version of the letter is perfect (except you may want to add the check #).

Just to suggest something - Anyone know if the UL was published today? It did run yesterday on page A2, if they didn't print one today cause of New Years, then we would have gotten 2 days for one.

JM