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 meSincerely, *** *** ***

Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me

Please consider this email a supplementary response to the Business' previous response. The Business incorporates that responsive letter as if it was fully restated herein. The Consumer's additional comments indicate that she expects more response
The Business' response was implied if not directly stated. The Business performed the service in accordance with the exact terms of the contract. The Business also provided a sample publication at the Consumer's request. Therefore, the Consumer is not due a refund
The Consumer's demand letter seems to indicate that she expected to receive more telephone calls from the Business' Customer Care Specialists. The Business' internal notes do indicate that Customer Care answered a couple inquiries. The Business reiterates its previous apology if its service was less than the Consumer expected. Nonetheless, from a practical perspective, it is simply not feasible to actively call each of the Business' tens of thousands of customers who participate in these programs to advise them of the then-extant status of the service. Rather, the Business does as a customer would expect, which is simply to perform the service in accordance with the exact terms of the contract, as occurred in this case
With Respect,
Tim M***, Esq
General Counsel
Production Media Company
800-962-ext***

The Business incorporates its previous response and all supporting documentation as if they were fully restated in this new reply
The Business does not understand the Consumer's renewed insistence that the Business did not print the advertising publication and place it into circulation The Business previously provided a document that conclusively proves that the Business ordered the printing of homework folders scheduled to be delivered to the same school as promised on the Consumer's contract The Business also previously provided a FedEx delivery report, which conclusively proves that the Business shipped the homework folders to that same school Both documents are independent, third-party documents In other words, the Business has conclusively proved that it fully performed the service
Perhaps, the Consumer's unclear claim is that he has not received a sample folder with his advertisement in it Of course, the service he purchased was not for him to receive one sample, but rather for the publications to be placed into circulation with a third party Nonetheless, if it will facilitate the closure of this and baseless Complaint, the Business will happily mail a sample publication to the address listed in this Complaint
The Business continues to decline to provide a refund after it has already performed the purchased service

To Whom It May Concern:The Consumer initiated this Complaint claiming to be due a partial refimd based on thetiming of the initial circulation of the foldersBecause the Consumer's contracts are noncancellableand because they contained a protective clause for the Consumer to account forpotential
printing errors or delays, the Consumer is not due a refimd, because she will receive thefull amount of the service for which she paid.The Consumer purchased two advertisements to be printed in homework folders andcirculated at two schools in her areaThe purchase occurred in two partsPlease fmd enclosedon pages four and five copies of the contract and receipt associated with the first purchase and onpages six and seven copies of the contract and receipt associated with the second purchase.Please also fmd enclosed on pages eight through sixteen printouts of two email strings,each of which specifically shows that the Business sent attached copies of the respectivecontracts and receiptsEach email requested that the Consumer review the contracts prior toreplying "CONFIRMED" to complete the purchaseEach email string shows that the Consumerreplied "Confirmed" from an email domain containing her full name, and she signed her name,position with the business, business name, and contact information.The emails and contracts all stated that electronic counterpart acceptance of the contractsis effective in lieu of a signatureThe Consumer's email replied constituted electroniccounterpart acceptancesTherefore, the Consumer clearly accepted the terms of the contracts.The contracts both read in bold print and capital letters, "TillS CONTRACT SHALLNOT BE CHANGED, MODIFIED OR CANCELED." Therefore, the Consumer is notentitled to unilaterally demand cancellation of the contracts or refunds of the associated
paymentsEven if the Business desired to accommodate requests for cancellation, it could not,because printed advertisements cannot be unmadeAs will be shown hereafter, the printing ofeach shipment of folders was ordered prior to the Consumer's January request forcancellation.Part of the service the Consumer purchased was access to the Business' professionalgraphic design team for assistance creating an original, customized advertisementPlease findenclosed on pages seventeen through twenty-one printouts of numerous emails showing that theConsumer's agent submitted artwork and instructions to be used in the design and that theBusinss' graphic designer used that information to create several design proofs for approval orchangesMost importantly, they show that the Consumer's agent replied "I APPROVEThanksso much for your work on this" from the same email domain as used by the Consumer andsigned her nameIn other words, the Consumer approved of this portion of the service inwriting.Pages twenty-two and twenty-three are copies of receipts showing that the Businessordered the printing of folders to be delivered to the same schools as promised on theConsumer's contractsPages twenty-four and twenty-five are copies ofFedEx delivery reportshowing that the folders successfully arrived to the schools for circulationIn other words, thesedocuments are independent, third-party verification that the Business designed and manufacturedthe folders prior to January
As the Complaint correctly points out, the first shipment of folders contained a printingerror on the coversFrom the written communication between the parties, it is unclear whetherthe error was committed by the school or the BusinessThe design of the covers was based onartwork and instructions from the schoolPlease find a printout of the school's email request onpages twenty-six through twenty-eightPages twenty-nine and thirty are print receipts andFedEx records showing that the Business reprinted the folders at its own expense, regardless ofwhether the error was committed by the school.As the Complaint also correctly points out, the shipment of folders for the second schoolwas delayed due to a dispute among the school, school district, and BusinessNonetheless, thosefolders were ultimately successfully placed into circulation.The Complaint correctly states that it would be unfair to expect the Consumer to receiveless advertising time than that for which she paidOf course, the Business would never expectthatOn the contrary, the parties' contracts contemplated potential delays in the printing with theprotective clause it contained for the Consumer that the advertising time would not begin untilthe advertisement is successfully placed into circulationTherefore, the advertising time beginson those dates and runs into future school years.The Complaint falsely claims that the Business promised to circulate the ads particularlyand only during the 2015-school yearOn the contrary, the parties' contracts contemplatedthat the advertisements may not be delivered by the first day of school when they stated that the
advertisements would be circulated at the "next reasonably available school term." The reasonthis clause does not promise a particular school term, but rather the next one that is reasonablyavailable is to protect against problems caused by third parties that prevent or delay printing.There are numerous parties participating in the custom design of segments of space within thepublicationEach party could potentially cause delay be failing to adhere to deadlines or byrequesting extensive redesignsOf course, as in this case, delays may also be caused by errors orthird-party disputes.Regardless, the advertising for which the Consumer paid began on the dates of successfulcirculation and will run into future school yearsThe Business' contracts with each schoolcontain similar clauses initiating each term of circulation on the date of successful delivery.As a final note, though it is unclear whether it should impact the Consumer's DesiredSettlement, this Complaint falsely claims that the Business' legal department did not respond toher refund request on January On the contrary, the Consumer had an extensive telephoneconversation with the Business' attorney on that dateIn fact, it was the Consumer's telephonecall that enabled the Business to discover and rectify the error in the printing of the first shipmentof foldersThe Business has attempted to maintain responsive contact with the Consumerthroughout her purchase and the unique events that gave rise to this ComplaintThe Businessapologizes if the extent of its communication or perceived lack thereof offended the Consumer.Because the Consumer will receive the full amount of the service for which she paid, sheis not due a prorated refund, as this Complaint requestsTherefore, the Business respectfullyrequests that this Complaint be closed and marked that the Business made a good faith effort toresolve the dispute
***please see attached***

The Business is more than willing to cooperate with the Consumer to find an advertising venue at which it can print another advertisement at no additional cost However, the Revdex.com rules prohibit the naming of private parties in this public forum Therefore, the Business will have to discuss the matter with the Consumer outside of this forum to reach a resolution that is satisfactory for both parties Of course, the Business is only able to print advertisements for circulation if it has an extant contract with the advertising venue to do so Therefore, the parties' options will be limited to those venues However, the Business does have a significant number of advertising venues with which it works in the Consumer's approximate area, pending a more clear understanding of her service area.The Business continues to decline the Consumer's Desired Settlement from the original complaint of a refund, and the Business will not alter this decision However, the Business desires a fair resolution that will satisfy the Consumer To that end, the Business invites the Consumer to contact a customer service agent at 1-800-962-2587, option 1, to arrange the new advertisement This communication will be noted in her account and available for the customer service agent to review

November 17,
Re: Complaint ID ***
To Whom It May Concern:
The Consumer initiated this Complaint, because the advertisement she purchased was placed into circulation at a later date than the parties agreed.
She also complains that the Business did not provide a final proof of the advertisement or provide a refund when she requested it in September
The Business believes the Consumer’s request for a refund is reasonable, because she is correct that the advertisement was printed late. She is also correct that the Business’ graphic designer failed to provide a final version of the proof for approval. The Business apologizes. The remaining information is included only to explain the reasons for the Business’ course of conduct
The Business did print the advertisement prior to the filing of this Complaint and prior the Consumer’s request for a refund. The Business did design the advertisement according to the Consumer’s specifications and did make all changes she requested. Interestingly, the Consumer chose to file this Complaint in response to receiving proof that advertisement was placed into circulation
The Consumer’s only actual concern at this point seems to be that she believes the school to which the advertisement was delivered will not circulate that advertisement. Of course, the Consumer’s belief is incorrect and unfounded. The school would not have ordered the advertising publication if it did not intend to use it. Moreover, the school is contractually-obligated to circulate the folders
The Business did not provide a refund at the time the Consumer requested it, in accordance with its policy that printed advertisements are non-refundable. The reason for this policy is that a printed advertisement cannot normally be removed from circulation. Unfortunately, her request was too late
In spite of the foregoing, the Business believes the tardy printing and failure to provide a final proof justify the Consumer’s request. More importantly, the Business wishes to ensure that it maintains positive relationships with its customers
The Business will mail a refund for the full amount of her payment to the address listed in this Complaint. The Business hopes that the advertisement provides a great benefit to the Consumer, because it cannot be removed from circulation. Please forward this response to the Consumer, and advise the Business if any further communication is necessary
With Respect,
Tim M***, Esq
General CounselProduction Media Company
d/b/a School House Folders
800-962-ext***
(F) 503-214-attnTim M***
***@productionmediaco.com

To Whom It May Concern:
The Consumer's message does not appear to be a rejection of the Business' response Rather, it is an acknowledgement that the parties will move forward with the expectation of performing their respective contract duties I write further only to address the information that the Revdex.com serving Alaska, Oregon and Western Washington seems to be requesting, so that this Complaint may be closed, and the parties may move productively forward
The Consumer's response correctly indicates that the Business did offer several remedies to the Consumer's initial concerns, including circulating the advertisement at other potential advertising venues However, those attempts at other means of reconciliation were sidelined by this Complaint, along with a dispute filed with the Consumer's bank or credit card processor The initiation of the Complaints has forced the Business to abandon other attempts at reconciliation or modification of the parties' agreement
The Consumer's response claims that the salesperson did not orally advise her of the no cancellation clause of the contract Of course, she may be correct, and it is certainly common that parties to an agreement rely on their written offer and acceptance of terms to memorialize all terms of an agreement In this case, the Consumer refers to the contract as a "receipt." The contract reads, "This written agreement is a contract." The no cancellation clause is at its center in bold print and capital letters directly above the signature line The Business has made no attempt to disguise the terms of the sale On the contrary, by providing written terms with set-off font sizes and qualities, the Business has attempted to make the terms, and some very particular clauses, as obvious as possible to the Consumer and each of its other customers
Because the parties have clearly resolved their differences and are moving productively forward to performing their contract duties, the Business respectfully requests that this Complaint be closed and marked as satisfied
With Respect,
Tim M***, Esq
General CounselProduction Media Company
800-962-ext***
(F) 503-605-
***@productionmediaco.com

Complaint: ***I am rejecting this response because:Sincerely,*** ***
This is all in what they are saying. I received a call from the business offering me a place in the folder with my add to be seenI own a Photography business and we did our own add and they did not do this for me. They said they would give me a discount for doing this. I agreed to $ from my business account and told them I would due a balance due during the summer do to getting busy at that time. They told me I would be the only photographer and I would be in the booklet as you open it so the parents would see it. This would go for years and the would provide the school with folders all year round. I was pretty excited about the whole idea of being in the folders for more business. In about an hour a got another call by the same company by a lady offering me *** schoolI had explained to her that I had no funds to do this and I just did the first school ***She said no worries that she would add a bal due at the end of summerWith that said I agreed and we finished up. A day later I was going through my business account and I saw that another $ was taken with no authorization. I called them and informed that what took place and that is against the law. I spoke to another manager and the said how sorry they were and they would give me a discount for this situation. I asked them to send me the folders when they were done and I would pay the bal due. They agreed to do this. The reason for this was I got another call asking me to advertise in the *** school not realizing I had already signed a contractAt that point a RED FLAG for me. I went down to both schools and ask to see the foldersDalton gave me the folder and told me that they only get booklets and I was ONLY ADVERTISED in 1/of themMy add was placed on the back of the folder and NOT IN THE INSIDE as they had told meThey also told me I would be in ALL THE FOLDERSThe school told me that they received late not in the end of Aug for school as promisedThey told me how unhappy they are with the company and they will not be doing business with them next yearWhich tells you their will not be a year contract as they said. I went to *** school and asked to see the booklets and she told me I was not in any of themREMEMBER they kept asking for money but than understood that when they sent me the booklet I would pay the bal. I was suppose to be in those folders as promised by Cory . I phoned the company and spoke to him and told him how upset I was and that what they did was not ok from start to finish. He told me they waived the *** school because I wasn't in the folder as I was toldRemember I was told this all the way up to going to the school in person . I spoke to the manager at the desk at the *** school and she told me that all the vendors were upset with the booklets because they were told the same , they would be the only Business and in the middle of the folder and in ALL OF THEM for yearsThey actually told me 1/years because the booklets were going out end of Aug in which isn't a full school year. I had phoned them MANY TIMES and NEVER WOULD GET BACK WITH MEI HAD TO CALL THEM. I sent them a email per customer service asking for my FULL REFUND on November 4th @ 11:am and never heard anything back. The kicker is this: I received a call from the same company last week wanting to sell me an add in the *** foldersBrought up a RED FLAG , the lady told me she represented the company *** in Cda and wanted to talk to me about advertising. The same company I asked her if she was with this company and she said yes and that they do Business books as well. I called *** and spoke to them the desk girl thought it was WEIRD that they were trying to sell me advertising when they have been waiting for their folders and they started in MarchNO WAY if I gave them my money I would be in the BOOKLETSCAM. I spoke with another man and this is what he just sent me:
I will be submitting your request for refundThanks for calling us and informing me on issues you experienced throughout this process, your feedback was helpfulAs soon as I have a response regarding your refund, I will be in touch with you
Thanks again,
--------------------------------------------------
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Christopher L***
Customer Service Manager
*** ** *** *** *** * ***
Beaverton, OR 97005Toll free: 1-800-962-Ext***
Office: 971-205-Ext***
No virus found in this message.Checked by AVG - www.avg.comVersion: *** / Virus Database: *** - Release Date: 11/17/
As you can see I have been tgrying my BEST and this is the stuff I get
Thank you,
***
I WOULD NEVER DO BUISNESS WITH A COMPANY THAT DOES THIS TYPE OF BUISNESS

Complaint: ***I am rejecting this response because:*** *** *** *** has not produced the folders Though I have signed a contract with the business for this product, there is no physical proof of the product/folders ever being made - neither the school nor *** *** has provided me with a copy *** *** has a contract with *** *** *** to distribute the folders and their obligation to me was for those folders to be made and distributed Despite *** *** documentation, there is no proof these folders exist!

***DOCUMENT ATTACHED***
The Consumer initiated this Complaint claiming the Business did not have authority to sell the advertising service he purchased Because the Business has contractual authority to sell the advertising and because the Consumer accepted a non-cancellable contract in
writing, 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
The Consumer purchased advertising space for his business to appear in presentation folders and be circulated for one year by real estate agents who work for two different agencies in his areaPlease find enclosed on pages three and four copies of the contract and receipt associated with the purchase
Please also find enclosed on pages five and six 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 purchase The Business' email requested that the Consumer review the contract prior to replying "CONFIRMED" to complete the purchase That same email string also shows that the Consumer replied "Confirm" from an email address originating from his business' domainHe also signed his name, business name, contact information, and credentials
The email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signature The Consumer's email reply constituted an electronic counterpart acceptance Therefore, the Consumer clearly accepted the terms of the contract
The contract reads in bold print and capital letters, "THIS CONTRACT SHALL NOT BE CANCELED." Therefore, the Consumer is not entitled to unilaterally demand cancellation of the contract or refund of the payment Even if the Business desired to accommodate a request for cancellation, it could not, because it has already invested its largest expenses into the performance of the serviceThey are the cost of the salesperson's time and bonus and the cost of professional graphic designMoreover, the Business incurred administrative costs and turned away other potential purchasers, rendering it unlikely to be able to resell the space
As aforementioned, 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 enclosed on page seven a printout of an email showing that the Business' graphic designer created a design proof for the Consumer's approval or changes
By designing the advertisement, the Business has performed all of the service that is due to date. The gravamen of the Complaint is that the Consumer believes that the real estate agents did not have authority to sell the advertising in questionPages eight and nine are copies of the Business' contracts with the same real estate agents as promised on the Consumer's contract.The contracts impose a duty on the Business to create presentation folders They impose a duty on the real estate agents to circulate the foldersMost importantly, they provide the Business with authority to sell advertising to appear on those folders In other words, the Consumer's claim is patently or, at least, is based on incorrect information from a third party
The Consumer is well aware of all of the foregoingHe has been in direct contact with the Business' customer service agents and legal counselFurthermore, a separate dispute filed by the Consumer with his credit card processor has already been closed in the Business' favor
Because the Business had contractual authority to sell the advertising in question and because the Consumer accepted a non-cancellable contract in writing, this case must be closed in the Business' favorPlease forward this response to the Consumer, and advise the Business if any further communication is necessary

Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me I will be in touch again, only if the check is not receivedThank you for your help. Sincerely, *** ***

To Whom It May Concern:Please find attached the Business' response to Complaint ID ***, along with supporting documentation.With Respect,Tim M***, Esq.General CounselProduction Media Company*** *** ***(F) *** attnTim
M***@productionmediaco.comwww.realestatefolders.net
Re: Complaint ID *** To Whom It May Concern: This Complaint was initiated by the Consumer claiming the Business processed an unauthorized transactionBecause the Consumer authorized the purchase and a non-cancellable contract in writing and because the Business resolved this issue directly with the Consumer outside of the Revdex.com's dispute resolution process, the Business requests that this Complaint be closed and marked as satisfiedThe Consumer purchased anadvertisement for her real estate business to appear in homework folders and to be circulated for one year at a school in her areaPlease find enclosed on page three a copy of the contract associated with the purchasePlease also find enclosed on pages four and five a printout of an email string in which the Business sent a copy of the contract to the Consumer at the time of the purchaseThe Business' email specifically shows that it contained an attachment of the contract, and it requested that the Consumer review it prior to replying "CONFIRMED" to complete the purchaseThat same email string shows that the Consumer replied "Confirmed" from an email address registered to a name similar to hersThe contract and email 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 contract and authorized the purchaseIn other words, her claims that the Business defrauded her or is a "scam" are and defamatoryPlease find enclosed on pages seven through nine copies of three transaction receiptsThe first shows that the Consumer's credit card processor declined the attempted transactionThe second shows that the Business attempted to process it a second time and only obtained an authorization for the purchase amountIt also shows that the authorization of that amount expired and was never cleared into the Business' accountAfter the authorization expired, the Business' agent called the Consumer to let her know it would attempt the transaction again, in accordance with the authority of the parties' contractThe third receipt shows that the transaction was finally successfulThe Consumer filed this Complaint in the mistaken belief that she had already paidAs her Complaint specifically states, she filed it over the weekend without talking to the Business or verifying the propriety of its actionsThe Consumer correctly states that delivery of the service was delayedShe omits the fact that it was delayed, because her account was not paid in full until this transaction successfully clearedThe parties' contract stated "Failure to pay amount due may result in delay of printing of advertisement." The Consumer's account is paid in full as of the clearing of the transaction on August Please find enclosed on page ten a printout of an email showing that the Business' graphic designer provided a proof of the advertisement for approval or changes on August 25-two business days after the paymentThe Consumer's advertisement will enter circulation at the time promised on the parties' contract, "the next reasonably available school term." All of this information was relayed to the Consumer prior to the Business receiving notice of this Complaint and outside of the Revdex.com's dispute resolution processAccording to the Business' internal notation system, the dispute has been resolved directly with the ConsumerPlease forward this letter to the Consumer, and advise the Business if any further communication is necessary
***SUPPORTING DOCUMENTS REDACTED BY Revdex.com***

The Consumer initiated this Complaint on the grounds that he was dissatisfied with the timing of the Business’ responses to his requests for service performance and of customer service in general. The Business apologizes and acknowledges that it was approximately one week past due in providing
a proof of the advertisement for approval or changes. The Business also apologizes that its Customer Care Specialists did not communicate effectively
The Complaint also cites the Consumer’s request for cancellation after the purchase, because he discovered that he believed the service would be ineffective for him and his business type The parties resolved both portions of this Complaint outside of the dispute resolution process of the Revdex.com serving Alaska, Oregon and Western Washington by agreeing that the Business would refund half of the Consumer’s payments but still provide the marketing service that the Consumer’s business had purchased
Copies of the refund receipts accompany this response. Printouts of emails between the Consumer and the Business’ graphic designers are also attached. They show that the Consumer has approved the design of the marketing space he purchased, since the time this Complaint was filed

To Whom It May Concern:
The Consumer initiated this Complaint requesting that the Business finish theservice he purchasedThe Business is scheduled to deliver the completed service nolater than March The Business acknowledges that two transactions should bereturned to the Consumer and will not
contest the credit card disputes when notified ofthem by the payment processorI write further only to explain the sequence of eventsthat led to this Complaint
The Consumer purchased an advertisement to be circulated for one year inhomework folders at a school in his areaPlease find enclosed on pages three and fourcopies of the contract and receipt associated with the purchase
Please also find enclosed on pages five and six 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 purchaseThe Business' email requested that theConsumer review the contract prior to replying "CONFIRMED" to complete thepurchaseThat same email string shows that the Consumer replied "Confirmed" froman email address originating from his business domain, and reiterated some of theterms of the contract
The email and contract both stated that electronic counterpart acceptance iseffective in lieu of a signatureThe Consumer's email reply constituted an electroniccounterpart acceptanceTherefore, the Consumer clearly accepted the terms of thecontract
The Consumer's email stated that expected the one year of advertising to beginin JanuaryUnfortunately, the folders were not printed by January because of a delay in completing the advertising salesNonetheless, the parties' contract accounted for potential delay with a protective clause for the ConsumerThe one year of advertising will begin running on the date of delivery to the schoolThe contract also contained a delivery estimate of the "next reasonably available school term," because it is most logical to deliver the completed publication at a time when schools and teachers may revise their plans without disrupting the students' expectationsThe inclusion of this clause shows that it was within the contemplation of both parties at the time of contracting that the advertising could be delayed in the case of delays with sponsors or the graphic design
The Complaint claims that the school has not heard from the BusinessPleasefind enclosed on pages seven through nine a printout of an email string between theBusiness and the schoolIt shows that the Business provided a proof of the foldercover design for the school's approval or changesMore importantly, it shows that theschool replied "I approve!" from an email address associated with the school districtInother words, not only has the school heard from the Business, but also it has approvedthe Business' servicePages ten and eleven show that the Business provided a proofof the advertisement for the Consumer, and he approved itIn other words, any claimthat the Business is not proceeding to completion of the service is false.Because the Consumer's Desired Settlement seeks performance of the serviceand because the Business expects to deliver the completed folders by March , theBusiness respectfully requests that this Complaint be marked as satisfiedPleaseforward this response to the Consumer, and advise the Business if any furthercommunication is necessary
With Respect,Tim M***, Esq.General CounselProduction Media Company, d/b/a School House Folders800-962-ext***(F) 503-605-1194***@productionmediaco
>>>>>>>Please see attachments

To Whom It May Concern:
The Business' previous response conclusively showed that the service was fully performed The Business fully incorporates that response and supporting documentation as if they were fully restated herein
The advertisements were designed, and the folders featuring them were printed and shipped to the real estate agents more than two years ago The Consumer's agreement and advertising time have expired, since this service is more than two years old In other words, he will no longer be able to view the publications by visiting the third parties that circulated them Nonetheless, the Business' previous response incorporated independent, third-party verification that the service was fully performed The Consumer's continued insistence without any evidence that "something is going on" is unreasonable
The Consumer has provided additional comments complaining that he visited the third-party venue that circulated the advertising publications He was unable to find his advertisement, and complains about the language spoken by the third party As aforementioned, he no longer will be able to find the advertisement anywhere, because the Business fully performed the service, and his advertising time expired The advertisement is no longer in circulation As to the additional comments about the speaking of a particular language, discrimination on the basis of race or national origin is unlawful It is well settled in federal case law that objecting to the speaking of a particular language is discrimination on the basis of race and national origin In any case, the fact that some of the real estate agents who circulated the folders speak another language has no impact on whether the service occurred The Consumer paid for the circulation of an advertisement by the real estate agents promised on the parties' written agreement, and the Business has conclusively showed that it occurred
The Consumer's additional comments or rejection of the Business' response do not address the Business' offer to provide new advertisements at another advertising venue at no additional cost The reasoning underlying this offer is that the Business hopes the new advertisements will perform better and repair the Consumer's lost faith in the value of this service Please forward this response to the Consumer, and advise the Business if any further communication is necessary

To Whom It May Concern:
The refund check has been ordered but has not yet been mailed because of the Holiday season It will be sent via first class mail in the next couple days
With Respect,
Tim M***, Esq
General CounselProduction Media Company
800-962-ext***
(F) 503-214-attnTim M***
***@productionmediaco.com

***Please view attached document***
The Business agrees to the Consumer's request for a refund of the remaining payments she made. The Business previously refunded the disputed second transaction at the Consumer's request outside of the Revdex.com's dispute resolution
system. The Business agreed to the Consumer's previous request for a refund of the second transaction, because it was not possible to determine definitively whether she had actually authorized its processing
Of course, as the Consumer acknowledges in this Complaint, she merely has buyer's remorse about the first transaction. She authorized a non-cancellable agreement and transaction, but later decided the decision was not the best for her business
The Business sympathizes with the Consumer. Please find attached two receipts showing when the refunds were processed. The reason the Business decided to refund the first, non-cancellable transaction is to permit the parties to move productively forward from this unreasonable complaint. Her attempt to damage the Business' reputation and to mischaracterize the transaction as a "rip off" are unfair. The Consumer simply cannot espouse both the position that she agreed to the purchase and that it is a rip-off. Regardless, such incendiary language indicates a less-than-productive business-to-business relationship, so the Business wishes the Consumer great success, as she moves forward and searches for other means to promote and grow her business

***DOCUMENTS ATTACHED***
June 3,
Re: Complaint ID ***
To Whom It May Concern:
The Consumer initiated this Complaint claiming to have been promised a refund on the grounds that "every review for Production Media Company" is negative Because the Consumer accepted a
non-cancellable contract in writing and because the Consumer's complaint about internet reviews is and irrelevant to his purchase, the Business respectfully requests that this Complaint be closed and marked as satisfied or, at least, that the Business made a good faith effort
The Consumer purchased an advertisement for his business to be printed in homework folders and circulated for one year at an elementary school in his area Please find enclosed on pages three and four copies of the contract and receipt associated with the purchase
Please also find enclosed on pages five through nine a printout of an email string, which specifically shows that the Business sent attached copies of the contract and receipt to the Consumer at the time 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 "Confirmed" from an email address registered to his name and containing his full name in the address He also signed his name, credentials, business name, and contact information
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
The contracts reads in bold print and capital letters, "THIS CONTRACT SHALL NOT BE CANCELED." Therefore, the Consumer is not entitled to unilaterally cancel the contract or demand refund of the payment, and his claim that he was promised a refund is clearly false
Even if the Business desired to accommodate a request for cancellation, it could not, because it has already invested its largest expenses into the performance of the service They are the cost of the salesperson's time and bonus and the cost to reserve time for him to work with a professional graphic designer creating an original, customized advertisement Moreover, the Business incurred administrative costs and turned away other potential purchasers, rendering it unlikely to be able to resell the spaceA reduction in the number of advertisers would reduce the pool of revenue available to pay for the school's homework folders, and the Business believes it would be wrong for the parties to renege on promises made to schoolchildren
The Complaint cites poor reviews of the Business' service as grounds for his demand for a refund and claims that "every review" is negative That claim is false A certain percentage of the reviews are positive The Business regrets that it has unhappy customers, but the fact is that purchasers simply do not write positive reviews about their telemarketer in most cases
However, as this Complaint shows, they will readily post negative content, even if the complaint is baseless or unreasonable In this case, the Consumer has not cited any actual complaint about the Business' service He just feels entitled to a refund in spite of his contract duty to pay for the service Furthermore, even if every negative internet review was true and reasonable, they have no impact on the Consumer's purchase in this case He will receive that which he purchased in accordance with the terms of the parties' contract
Because the Consumer accepted a non-cancellable contract in writing and because the Consumer's claims are false, this case must be closed in the Business' favor Please forward this response to the Consumer and advise the Business if any further communication is necessary.Tim M***, EsqGeneral CounselProduction Media Company d/b/a School House Folders

Complaint: ***I am rejecting this response because: my company did contact Production Media Company via another method and discussed this situation by telephone and over email with a gentlemen by the name of Daniel W***. Mr W*** stated I would receive a copy of the folders which I have yet to receive. He also provided further contact information of the two companies who are receiving the advertisement folders. We contacted the two companies. One company told my company that they had actually trying to cancel their contract with this company due to lack of customer service and the other company stated they had not received the folders in the time frame stated in their contract and they were now in the process of discussing this very same issue with Production Media Company.
Understand and agree that the signed contracts with Production Media Company states my company shall receive advertisement after the contract signing and we agree our company should have waited until after Aug to file this complaint. However, based on our initial difficulty in contacting the company, the fact we have yet to receive any folder with our advertisement as proof of legitimacy, and the conversations with both of the companies to receive these folders, we are less than confident we will receive the years of advertisement service with these companies as stated in the Production Media Company's provided signed contracts. Further more, we have yet to receive any information on the status of (or difficulties with) these folders and/or any solutions or options if Production Media Company cannot meet the original terms of our contracts and provide our advertisement to the two companies
As such, my company rejects this response as Production Media Company has not provided any legitimate proof the years of advertisement to be provided under our mutually signed contracts will be meet.
Sincerely,*** ***