Production Media Company

Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to meIf the business would have not strung out the process over the past year months this could have been resolved sooner. Thank you for taking care of this for me and I expect a full refund in the next days.Sincerely, *** ***

Although the Consumer has heretofore complained about this transaction on numerous baseless grounds in various fora, the Business now believes the Consumer is entitled to a refund, and the Business apologizes for the tardy printing of the advertising service The parties' reasonable mutual
expectation at the time of contracting was that the advertising publication would be ready by the "next reasonably available school term," as the Consumer correctly points out in this Complaint The next reasonably available school term after the Consumer's purchase occurred when the students returned from Winter Break approximately one week ago, and the Business has been unable to place the advertisement into circulation to date The Consumer has already initiated a dispute through his and his wife's credit card issuer The Business will not challenge that dispute, but rather will permit them to return the funds to the Consumer's credit card, the same medium used to pay at the time of the purchase Please find a copy of the Business' response to that credit card dispute attached
As an aside, the Business wishes to point out that the Consumer has set up an unreasonable dichotomy that results in a catch where the Business cannot possibly emerge successful As the Complaint states, the Consumer demands 1) that the Business process a refund and take a loss or 2) the Consumer will believe that the Business is a "scammer," because it did not refund a transaction that his wife agreed in writing could not be canceled Of course, the Consumer's accusation is and unreasonable The Business has every right to propose a non-cancellable contract at the point of sale, and to rely on the non-cancellable terms of a contract to which the parties agreed in writing The Consumer's wife is a business owner This is a business-to-business transaction The law treats businesses and business owners as more sophisticated than the average party, including with more stringent application of contract terms The Consumer claims that his wife is "gullible." Regardless of her alleged personal characteristics, she is sophisticated enough to operate a business venture that requires marketing services Moreover, if the law was willing to invalidate the written and agreed-upon terms of a contract, every time one party to the contract claimed to be gullible or have some other personality or character defect, no parties could feel secure in contracting or business ventures In other words, the Consumer's statement is counter to good public policy
Furthermore, the Consumer cites other complaints about the Business' service as evidence to support his demand for a refund Of course, other complaints are irrelevant to this Complaint More so, the Consumer is merely feeding into and creating a self-fulfilling prophecy He has been intent on being dissatisfied with the service ever since he found out his wife purchased something of which he disapproved, as he states in his Complaint Therefore, he has filed numerous complaints, including in most of the complaint venues he cites in this Complaint, and has made numerous claims in those complaints Now, the Business will have to deal with other people reading his claims and becoming dissatisfied, even when they have no actual complaint about the service itself As the Consumer points out, his only real complaint at the time he filed all his complaints was that he believes he is entitled to refunds whenever he asks for them, even if it causes losses to other people Of course, this is not the way business-to-business transactions work, such as the one at issue in this complaint Hence, the reason the law provides a remedy for defamatory statements
Most importantly, nothing about proposing written terms of an agreement and obtaining written assent to those terms indicates that the Business is a "scammer." On the contrary, it shows that the Business takes seriously its obligation to be clear in its dealings Furthermore, the very terms of that contract are the reason that the Business is now willing to permit the Consumer to obtain a refund through his credit card dispute If the Business cannot perform its contract duty to timely deliver the service, then the Business is obligated to do right by the Consumer and return the payment For that reason, the Business also apologizes to the Consumer and his wife
Because the Business has agreed to the Consumer's Desired Settlement, the Business respectfully requests that this Complaint be closed and marked as satisfied

Complaint: ***
I am rejecting this response because:I still have not received any proof of print for the advertisement PMC claims to have shipped me copies of the folders so that I may see the finished product, but I have yet to receive these supposed folders that were sent to me My address on the claim is correct: *** ** *** *** *** *** *** I will be visiting the real estate offices this following week & will let you know whether or not they have received any folders This is where I am really wanting the folders to go, as it doesn't do me any good to have folders printed that aren't available for potential client's to see
Sincerely,
*** ***

To Whom It May Concern:
The Business incorporates its previous response and all supporting documentation as if they were fully restated herein
In spite of the fact that the Consumer's claims conflict with all documentation related to this transaction and in spite of the fact that the Consumer is delinquent in paying her bill, the Business desires to resolve this matter, so the parties may move productively forward. Therefore, the Business will mail a refund check for the full amount of the Consumer's payments to the address listed in this Complaint
Please forward this response to the Consumer, and advise the Business if any further communication is necessary
With Respect,
Tim M***, Esq
General Counsel
Production Media Company
d/b/a School House Folders
800-962-ext***
(F) 503-214-attnTim
www.realestatefolders.net
www.schoolhousefolders.com

Re: Complaint ID *** To Whom It May Concern: This Complaint was filed by the ConsumerThe basis for his complaint is not entirely clearIt seems that he is simply requesting a refund, because he read poor reviews of the Business' service and didn't hear back from the Business' employees
within the time frame he expectedEven if the poor reviews are true, they are irrelevant to the Consumer's account with the BusinessThe Consumer has heard from the Business' employeesThe Business has provided all of the service that is due to date, and the Consumer authorized a non-cancellable contract in writingAdditionally, the Business believes that communication outside of this Complaint has remedied the Consumer's concerns and rendered this Complaint mootThe Consumer's purchase was for an advertising service for his business to appear in homework folders and be circulated for one year at a schoolPlease find enclosed on pages three and four copies of the contract and receipt for the purchasePlease also find enclosed on pages five through eight a printout of an email string in which the Business sent the contract to the Consumer at the time of the purchaseThe Business' email shows that it contained an attachment of the contract, and it requests that the Consumer review it prior to replying to complete the purchaseThat same email string shows that the Consumer replied confirming his desire to purchase the service and signed his name, business name, position with the business, and contact informationThe email originated from an address registered to his nameThe email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signatureThe Consumer's email reply constituted an electronic counterpart acceptanceTherefore, the Consumer clearly accepted the terms of the contractOf course, the Consumer does not dispute that he agreedPart of the service the Consumer purchased was access to professional graphic designers for assistance creating an original, custom advertisementPlease find enclosed on pages nine through sixteen printouts of several emails between the Consumer and the graphic designerThey show that the Consumer submitted artwork and instructions to be used in the designThey show that the graphic designer provide a proof of the advertisement for the Consumer's approval or changesMost importantly they show that the Consumer replied "I APPROVE" the design of the advertisementThe Consumer's email reply approving the design of the advertisement occurred after the filing of this ComplaintTherefore, the Business believes the Consumer's concerns have been remedied, and this Complaint has been rendered mootFurthermore, the Business has performed all of the service that is due to date by designing the advertisementIt will be placed into circulation "at the next reasonably available school term," in accordance with the terms of the parties' contractThe contract also states in bold print and capital letters that "THIS CONTRACT SHALL NOT BE CHANGED, MODIFIED OR CANCELED." Therefore, assuming the Business continues on its current path to timely perform the service, the Consumer is not entitled to cancel the contract or transaction as requested in the Consumer's Desired SettlementBecause the issue seems to have been resolved by communications that occurred after the filing of this Complaint the Business believes this Complaint should be closed as satisfiedPlease forward this response to the Consumer, and advise the Business if any further communication is necessaryWith Respect,
***SUPPORTING DOCUMENTS REDACTED BY Revdex.com***

The Consumer rejected the Business' response on several grounds The Business incorporates its previous response and all supporting documentation as if they were fully restated herein
First, the Consumer claims that the Business did not deliver the advertising publication on time The county's school website is a publicly available resource, and it specifically states that the first day of school was August The Consumer's response ignores that the Business is basing its information on that it obtained from the county's own school resources Even if the Consumer's claim is correct or Business received incorrect information from the school, which of course would not be the fault of the Business, the Consumer's complaint is moot The parties' contracts read, "[The two years of advertising] shall begin on the date of delivery to [the school]." In other words, the Consumer will receive the full amount of the advertising time he purchased with the clock commencing on the date of delivery identified by the previously-provided independent, third-party documents
Second, the Consumer claims that he is due a refund, because there are multiple versions of the advertising publication There are a variety of reasons that this could happen For example, the design of the publication could have been altered from the originally-anticipated design, which necessitates moving advertisers or printing multiple versions of the publication As another example, advertisers frequently increase the size of their advertisements after their original purchase, as the Consumer did in this case If the increases in size are significant enough, it necessitates multiple versions of the publication Of course, it could also simply be that the Business oversold the available space and performed the service in the best manner possible to accommodate that eventuality Regardless of the reason, the contract promise was that the Business would circulate the folders for a specified length of time, not a particular quantity of folders or to a particular group of students Furthermore, the Business has already made a good faith effort to accommodate the likely expectations of the Consumer The length of time of circulation is automatically extended to approximate the circulation that would have occurred if there was only one version of the publication
Of course, in addition to the foregoing and as previously shown, the Consumer's contract stated in bold print and capital letters that it could not be canceled
The Business wishes the Consumer great success from this marketing piece and in his future endeavors to grow his business The Business also believes the homework folders will be a great benefit to the school, since they were funded by the Consumer's gracious participation, and the school will be able to redirect its limited, valuable budget dollars to other needs this year and during the remaining life of the contract

The Consumer purchased advertising to appear in presentation folders and be circulated by real estate agents who work for two agencies in his area. As the Complaint correctly points out, the printing of his advertisement has been delayed. The parties' original agreement was that the
advertisements would be placed into circulation approximately days from the purchase date. Therefore, the Business is willing to cancel the parties' agreement and mail a refund check to the address listed in this Complaint
The Business does not understand the Consumer's statement that he was sold something that is "not real." Of course, advertising services are "real" in the sense that the Business performs them and is under contract to perform them both for the Consumer and for the real estate agents in question. Unfortunately, in this case, the timing of circulation of the advertisements was simply delayed
In any case, the Business wishes the Consumer great success in his future endeavors and apologizes for the unavoidable error

To Whom It May Concern:
The Business agrees to the Consumer's Desired Outcome Normally, the Business' sales are final The Business believes it is wrong to renege on a promise to support a publication for schoolchildren, and the reduction of advertising revenue necessarily impedes the
Business' ability to provide the promised school supplies Nonetheless, it appears that the Consumer did not authorize the terms of the contract in writing
From a legal standpoint, a contract exists between two parties when they exchange offer, acceptance, and consideration They did so Moreover, the Consumer did implicitly agree to some terms by placing an order, paying for it, and receiving a copy of the written terms at the time of the purchase Nonetheless, the Business believes the exact terms could be open to interpretation without a written acceptance of terms Additionally, the Consumer did request cancellation, even if it was nearly two weeks after the purchase For those reasons, the Business is refunding the payment via the same medium used to place the order--the Consumer's credit card, and is cancelling the agreement The parties' relationship is severed The Business will not perform a service for the Consumer, and she owes no further duty toward any purported agreement

I am willing to close the case once I receive the partial refundI do not want to continue to argue or pursue this rhetoric, but there is no proof that the part of the services that are not covered by the refund were deliveredSimply accepting the partial refund does not mean that the services were delivered, but it does mean the case will be closedPoint by point arguments with the business are going nowhere and not creating the evidence neededI will follow up tomorrow to report whether I have received the refund on Febor notIt is currently Feband I have not received the refund.Sent on: 2/7/4:45:PM

The Consumer filed this Complaint demanding cancellation on the grounds that the Business' no cancellation policy is unfair Because the Business cannot find any record that the Consumer agreed in writing to a no cancellation clause, the Business agrees that the Consumer is entitled to a
refund of his payments The Business will mail a refund check to the address on file, and the Business apologizes to the Consumer

[redacted]DOCUMENT ATTACHED[redacted]
Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327
Re: Complaint ID [redacted]
To Whom It May Concern:The Consumer initiated this Complaint claiming that the Business did not perform the service he purchased . Because the...

Business performed two-thirds of the service, the Business offers to provide a prorated refund for the unperformed portion .
The Consumer purchased an advertisement for the Consumer 's business to be printed in presentation folders and circulated for one year by real estate agents who work for three real estate groups in the Consumer 's area.  The purchase occurred in two parts.
The contract and receipt associated with the first transaction are enclosed on pages three and four. Please also find enclosed on pages five through seven a printout of an email string, which explicitly shows that the merchant sent attached copies of the contract and receipt to the Consumer at the time of the purchase. The merchant's email requested that the Consumer review the contract prior to replying "CONFIRMED " to complete the purchase. That same email string shows that the Consumer replied "Confirmed " from an email address registered to his 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 purchase.
Pages eight and nine are copies of the contract and receipt associated with the second transaction, an upgrade of the initial purchase .  Pages ten through twelve are printouts of emails, which explicitly show that the merchant sent attached copies of the contract and receipt to the Consumer, along with notice that the upgrade purchase was complete. .
Of course, the Consumer does not dispute that he agreed to complete the purchases .  Rather, he claims that the merchant did not perform the service.
Pages thirteen through twenty are printouts of several emails between the Consumer and the Business' graphic designer.  They show that the Consumer provided artwork and instructions for the design of the advertisement.  They show that the Business' graphic designer used that information to provide design proofs for approval or changes.  Most importantly , they show that the Consumer replied "I approve the ad" design from the same email address as above and signed his name.
Pages twenty-one and twenty-two are copies of FedEx delivery reports showing that the merchant successfully shipped presentation folders for circulation to two of same promised geographic locations as promised on the parties ' contracts.  In other words, these documents are independent, third-party verification that the merchant performed the advertising service for two out of the three real estate groups before the Consumer filed this Complaint.
The Business apologizes that one of the advertisements was delayed and offers to refund a prorated amount for the one advertisement that was not printed . Please forward this response to the Consumer and advise the Business whether or not he accepts this offer of resolution.

To Whom It May Concern:
The refund check has been ordered and will arrive.  The Business is unsure why the Consumer considers the particular timing of the check's arrival during the Christmas and New Year's Holidays with shorter work hours and fewer mail days to be "drama."  The Business has already acceded to the Consumer's Desired Settlement, and accordingly, this Complaint should be closed and marked as satisfied, regardless of the Consumer's intransigent statements.  Notably, the Consumer's rejection does not dispute the Business' responsive letter, position, or supporting documentation.
With Respect,
Tim M[redacted], Esq.
General CounselProduction Media Company
800-962-2587 ext. [redacted]
(F) 503-214-8228 attn. Tim M[redacted]@productionmediaco.com

[redacted]DOCUMENT ATTACHED[redacted]
The Consumer initiated this Complaint claiming never to have received the service she purchased.  Because the Business has performed all of the service that is possible and because the source of the Complaint seems to be poor communication at time of the sale, the...

Business offers to resolve this matter with a prorated refund for the portion of the service that is not possible to perform.
The Consumer purchased an advertisement to be printed on presentation folders and circulated for two years by real estate agents 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.
Please also find enclosed on pages seven and eight a printout of an email string, which specifically shows that the Business sent an attached copy of the contract to the Consumer at the time of the first part of the purchase. The Business' email requested that she review it prior to replying "CONFIRMED" to complete the purchase. That same email string shows that the Consumer replied "Confirm" from an email address registered to the business name and containing an acronym for the business.
The email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signature.  The Consumer's email reply constituted electronic counterpart acceptance.  Therefore, the Consumer clearly accepted the terms of the contract.
Pages nine and ten are a printout of an email string, which specifically shows that the Business sent an attached copy of the second contract, along with notice that the second part of the purchase was complete.The first contract states that the advertisement will be circulated by real estate agents who work for a Windermere branch.  The second contract states that the advertisement will be circulated by real estate agents working for Windermere and Coldwell Banker branches.  The source of the incorrect information is that the same real estate group operated as part of Coldwell Banker when it originally ordered presentation folders from the Business.  Since that time, it has transitioned to work as part of Windermere.   If there is another Coldwell Banker branch or franchise in operation in the Consumer's area, the Business has no record of ever working with it.  In other words, the Business can never perform an advertising service to be circulated by Coldwell Banker real estate agents.
However, the Business has fully performed the service to be circulated by Windermere real estate agents.  Pages eleven through fifteen show that the Consumer submitted artwork and instructions to be used in the advertisement and that the Business' professional graphic design team used that information to provide a design proof for approval or changes.  Notably, the Consumer replied, "I APPROVE" the design.
Page sixteen is a redacted copy of an invoice showing that the Business ordered the printing and shipping of presentation folders for one of the same real estate groups as promised on the contract.  In other words, this document is independent, third-party verification that the Business fully performed a portion of the service.
The parties' contracts read in bold print and capital letters, "THIS CONTRACT SHALL NOT BE CANCELED."  Therefore, the Consumer is not entitled to demand cancellation of the performed portions of the service or payment.  Even if the Business desired to accommodate a request for cancellation, it could not, because printed advertisements cannot be unmade or removed from circulation.
Because the Business has performed the portion of the service that it can and because the Consumer accepted a non-cancellable contract in writing, the Consumer is not due a refund for the performed portion of the contract.  However, the Business offers to mail a prorated refund check for the portion that cannot be performed to the address listed in this Complaint if it will resolve this matter.  Please forward this response to the Consumer, and advise the Business of her response.

Revdex.com:The business has resolved the issue, and taken care of the check.[redacted]

Complaint: [redacted]
I am rejecting this response because:The business has responded with an attempt to claim that I have changed my complaint from the original. However, it has been clearly stated, in printed format through this Revdex.com complaint and its responses, that the complaint is three fold. 1. The folder was not produced to my knowledge, due to lack of communication by the company 2. The folder, IF produced unbeknownst to me, was not sent to me as required by me in the contract. 3. The folder, IF produced, was not sent to the Valley Stream, NY agency as requested on the day of the agreement, agreed to, promised to follow through on by the company’s employee and documented in emails. This now marks the third time I have outlined my complaint in writing for the business and  I have not changed it since the beginning. As of 7/9/17, the company has finally fulfilled their obligation to send me a copy of the folder and although I can now, almost a year after signing their contract, see the folder, it was very disappointingly mailed to the incorrect real estate agency. The company’s attempt to state that the agency is only 10 miles away and that I would somehow still benefit from this is categorically incorrect. I am a resident of Nassau county, NY which prevents me from working in any of the five boroughs without additional taxes. I do not work outside of my county to avoid such penalties. This makes the idea of distance completely irrelevant but the company writes a rebuttal with an assumption of my ability to benefit and ability to travel outside of my requested area, of which, they know nothing. It is not up to the advertising company to decide where their customers will and will not be able to work. The company offered to reprint and send the folders to the requested agency. The name and address of the agency I was given by the company’s employee was Realty Executives West 201 West Merrick Road, Valley Stream, NY 11580. If there is any problem getting the folders to this agency, I would be more than happy to provide a list of alternatives in the town of Valley Stream. As before, I request a copy of the folder as proof and notification that the folders were completed and delivered. Thank you
[redacted]

Complaint: [redacted]I am rejecting this response because: On January 9,2017 I was promised a full refund if I said this was a satisfactory resolution with the Revdex.com. I have NOT received my 375.00 refund and I want it. There is much history on this between me and Production Media. I WANT MY MONEY.Sincerely,[redacted]

To Whom It May Concern:             The Consumer filed this Complaint claiming that the Business has not performed the service.  Because the Business has fully performed the service and because the Consumer’s contracts are...

non-cancellable, 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 matter.  Please note that the Business refers to the complainant as “Consumer” throughout this response to accord with the nomenclature of the Revdex.com, even though this was a business-to-business matter, not a consumer matter.            The Consumer purchased two advertisements for her business to be printed in presentation folders and circulated in her community for two years by third-party real estate agents at two real estate groups.  The purchase occurred in two parts.            Please find attached to the same email as this letter “Original Contract” and “Original Receipt” related to the first part of the purchase, which was originally scheduled to be a “single” advertisement circulated by one real estate group.  Please also find attached “Electronic Counterpart Acceptance” and “Emailed Original Receipt,” which are emails explicitly showing that the Business sent attached copies of the contract and receipt associated with 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, the heading of which shows that it is registered to her name and contains her full business name, and she signed her name and business name.            The email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signature.  The Consumer’s email reply constituted electronic counterpart acceptance.  Therefore, the Consumer clearly accepted the terms of the contract.            Please find attached “Upgrade Contract” and “Upgrade Receipt” related to the second part of the purchase, which was an expansion of the originally-purchased marketing program to include a larger advertisement to be circulated by a second group of real estate agents.  Please also find attached “Email Notice That Upgrade Is Complete” and “Emailed Upgrade Contract,” which show that the Business sent attached copies of the upgrade contract and upgrade receipt to the same email address as used for the original purchase, along with notice that the upgrade is complete.            Part of the service the Consumer purchased was access to the Business’ professional graphic design team for assistance creating an original, customized advertisement.  Please find attached “Art Submission Email (1),” “Art Submission Email (2),” “Art Submission Email (3),” and “Art Submission Email (4).”  These are emails showing that the Consumer submitted artwork and instructions for the design of the advertisement.  Please also find attached “Proofing Emails,” which is an email string between the Consumer and the Business’ graphic designer.  These emails show that the Business used the information submitted by the Consumer to create design proofs for the Consumer’s approval or changes.  Most importantly, they show that the Consumer replied, “I APPROVE” the design of the advertisement from the same email address as above, and she signed her name and business name.            In other words, the Consumer approved this portion of the service in writing.            Please also find attached “Print Order Receipt (1)” and “Print Order Receipt (2),” which show that the Business ordered the printing or presentation folders to be delivered to the same two groups of real estate agents as promised on the Consumer’s contracts.  Finally, “FedEx Delivery Confirmation” and “UPS Delivery Confirmation” are attached.  They show that those same shipments were successfully delivered to the real estate agents for circulation in the Consumer’s community.  In other words, these documents are independent, third-party verification that the Business fully performed the service.            The Complaint suggests that the Consumer expected to receive samples of the advertising program as proof of its completion.  Neither samples nor any other type of goods were to be sent to the Consumer as part of the contracts or purchased services.  However, the Business will happily mail samples to the address listed in this Complaint.            Both of the aforementioned contracts read, in bold print and capital letters, “THIS CONTRACT SHALL NOT BE CANCELED.”  Therefore, the Consumer is not entitled to unilaterally demand cancellation of the contracts or refunds of the associated payments.            Because the Business has fully performed the services and because the Consumer’s contracts are non-cancellable, the Business declines the Consumer’s Desired Settlement of a refund.  Please forward this response to the Consumer, and advise the Business if any further communication is necessary. With Respect,Tim M[redacted], Esq.Independent Counsel representing Production Media Company(Messages) 800-962-2587 ext. [redacted](F) 330-423-0424[redacted]@productionmediaco.com See letter and supporting documentation transmitted to Revdex.com agent via email.

To Whom It May Concern:
Please find attached a copy of the Business' response to Complaint ID [redacted], along with supporting documentation.
With Respect,
Tim M[redacted], Esq.
General CounselProduction Media Company
800-962-2587 ext. [redacted]
(F) 503-605-1194
[redacted]@productionmediaco.com
Re: Complaint...

ID [redacted]
To Whom It May Concern:The Business agrees to the Consumer's Desired Settlement and will mail arefund check to the address listed in this Complaint. I write further only to show that thedelay in performing the service is due to breach of contract by a third party, and theBusiness is in no way at fault.
The Complaint correctly points out that the Consumer purchased an advertisingservice to be circulated for one year in presentation folders at a real estate agency inher area.
After the Business invested its expenses into preparing the service and after theConsumer purchased the advertising, the real estate agents requested cancellation oftheir contract with the Business. Please find enclosed on page two a copy of thatcontract. It reads, "The initial term of this agreement is for two years and cannot becanceled." The reason for this clause is that the Business' largest expenses are thecost of the salespeople's time and bonuses (which are analogous to the more traditionalunderstanding of a business' inventory) and the cost of professional graphic design.In other words, the real estate agents are in breach of contract and are liable forthe damages resulting therefrom, including the amount in dispute in this Complaint.Because the Business has acceded to the Consumer's Desired Settlement, thisComplaint should be closed and marked as satisfied. Please forward this response tothe Consumer, and advise the Business if any further communication is necessary.
With Respect,
Tim M[redacted], Esq
General Counsel
Production Media Company
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]

The Consumer correctly points out that the advertisements she purchased have not been placed into circulation due to several errors.  Therefore, the Business agrees to the Consumer's Desired Settlement and will mail a refund check to the address listed in this Complaint.  The Business...

apologizes for the length of the time that has passed since the Consumer purchased service, even though at least some of the error was due solely to erroneous shipping efforts by a third party.  Please forward this response to the Consumer, and advise the Business if any further communication is necessary.

January 6, 2016
Re: Complaint ID [redacted]
To Whom It May Concern:The Consumer initiated this Complaint making numerous incendiary allegations.The Business previously performed the service that the Consumer purchased andrefunded a second transaction more than eleven months ago. In spite of...

theperformance of the service and in spite of the fact that the Consumer's service cannotbe unmade, the Business has also refunded the transaction associated with that serviceto resolve this matter, so that the parties may move forward from that which is clearly anunproductive discourse.
In other words, the Business has acceded to the Consumer's DesiredSettlement, and this Complaint should be closed and marked as satisfied. I write further<· only to rebut the Consumer's false and wild allegations that are defamatory, amongseveral other possible actionable and unlawful behaviors.
The transaction in question was for the purchase of advertising space for theConsumer's business to appear in homework folders and be circulated for one year at aschool in his area. Please find enclosed on pages five and six copies of the contractand receipt associated with the purchase.
Please also find enclosed on pages seven and eight a printout of an email string,which specifically shows that the Business sent an attached copy of the contract to theConsumer at the time of the purchase. The Business' email requested that theConsumer review the contract prior to replying "CONFIRMED" to complete thepurchase. That same email string shows that the Consumer replied "Confirmed" froman email address registered to his name and named after his business and signed hisname and contact 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 termsof the contract.
Part of the service the Consumer purchased was access to the Business'professional graphic design team for assistance creating an original, customadvertisement. Please find enclosed on pages nine through thirteen printouts of severalemails showing that the Consumer submitted artwork and instructions for use in thedesign. They also show that the Business provided several proofs for approval orchanges: Most importantly, they show that the Consumer replied "I approve! Thankyou!" In other words, the Consumer approved this portion of the service in writing.Page fourteen is a copy of a receipt showing that the Business ordered theprinting of folders for the same school as promised on the parties' contract. Page fifteenis a copy of a Fed Ex delivery report showing that the folders were successfully shippedto the school. In other words, these documents are independent, third-party verificationthat the merchant fully performed the service.
The Consumer claims that the Business represented itself as "from" the school.Of course, the Consumer's claims are nonsense, since all communication, including thepurchase contract, design instructions, and email addresses clearly identified theBusiness as a third-party entity creating this program for the school.
The Consumer claims that the Business represented the purchase as afundraiser. Of course, the contract clearly states that he was purchasing advertising,not making a donation. Furthermore, the contract clearly identifies the Business'information, and the public record of the Oregon Secretary of State clearly identifies theBusiness as a for-profit corporation. The Consumer could have misunderstood thenature of the program, through his own error, since the folders and all custom graphicdesign and shipping costs are paid using the revenue generated from the advertisingsales. In other words, the Consumer's gracious participation did enable the school toreduce its overhead costs by using limited budget dollars for items other than a basicschool supply of folders.
The Consumer claims that the Business does not print a sufficient quantity tocirculate the folders to every student. The Consumer is correct that only half of the shipment successfully arrived to the school. The Business will correct this issue now that it has come to light. The Consumer's advertisement will not be printed on thosefolders, since his payment has been refunded.
Nonetheless, the Business' agreement with the school is to ship as many as theyneed, as long as it is within a reasonable approximation of the estimated quantity offolders requested on the Business' contract with the school. The school has neverrequested additional folders or indicated that the previous shipment was a shortfall. Inother words, the Consumer's characterization of this claim as a "lie" is unnecessarilyincendiary language.
The Consumer claims that the Business does not provide opportunity foradvertisers to choose the location of their advertisement. On the contrary, a customeris free to negotiate any purchase terms with the salesperson, as in most business-tobusinesstransactions. In this case, the language on the Consumer's contract was veryambiguous. It referred both to placement on a "pocket" and on the "outer" side.The Consumer claims that the Business misrepresented the estimated circulationdate. On the contrary, the parties' contract clearly stated that circulation would begin "atthe next reasonably available school term." It also stated, "[The Consumer] agrees tosend [the Business] ad copy within ten business days." The email string at the time ofthe purchase also contained several notices of the art instruction submission deadlines. This purchase occurred December 9, as shown by the aforementioned receipt. TheConsumer did not submit artwork and instructions until December 26. In other words,the Consumer failed to meet the deadlines for submitting artwork, and his claim that thedelay is the fault of the Business is simply covering for his own tardiness.
Furthermore, the contract states "Failure to [submit ad copy] gives [the Business]the right to ... withhold ad." The purpose of this clause is to protect the Business fromthe very type of unreasonable complaint as has been filed here. If an advertiser is tardysubmitting ad design, that same advertiser cannot complain about delays in the design.Additionally, that advertiser has caused delays for every other advertiser in the program.The Consumer correctly points out that the parties dispute whether agreement ona second transaction was ever reached. The Complaint fails to acknowledge that theBusiness addressed this issue eleven months ago, as soon as he raised the complaint,because the Business has no desire to keep payments to which it is not fairly entitled Indeed, the Business agreed to refund the first transaction, even though the Business is fully entitled to keep it by virtue of performance of the service.
The Consumer claims that the Business agreed to refund the second disputedtransaction, but still perform the service. The Consumer's claim is self-contradictory. Ifthe Consumer did not agree to the second purchase, he never had any expectation thathe would receive the service. Moreover, the logic of raising these last two claimseleven months after the dispute is quite suspect. If the Consumer truly believed he hadbeen wronged at the time, he would have filed a complaint at the time.The Consumer complains about the circulation date. As aforementioned, theBusiness had the right to withhold service until a reasonable later time because of theConsumer's tardiness in meeting deadlines. Additionally, the Business included aprotective clause in the contract to address the possibility of delays-the one year ofadvertising would begin to run at the date of first circulation.
The foregoing extensive recitation is simply meant to correct the Consumer'sgross misrepresentation of this matter. However, the Business understands that not allbusiness-to-business relationships are successful and simply wishes for the parties tobe able to move productively forward. The Business wishes the Consumer successfrom the refund and in his future endeavors, and the Business considers this mattersettled. If the Consumer wishes to pursue this further, the Business may be forced toact to protect its right to be free of defamation, breach of contract, inducement to breachcontract, and misrepresentation. Nothing in this letter shall be construed as a waiver ofthe Business' rights. Please forward this response to the Consumer, and advise theBusiness if any further communication is necessary.
With RespectTim M[redacted],
General CounselProduction Media Company800-962-2587 ext. [redacted](F) 503-214-8228 attn. Tim M[redacted]@productionmediaco.com