My question involves business law in the state of: FL
I received the yellow pages and discovered they had printed an ad in my name with the wrong phone number. The ad was unauthorized.
Here is some history:
Last year (2015), I contracted with the yellow pages to print an ad and for digital advertising. I insisted on a Non-Auto Renew amendment and I have the signed copy. The contract ended in May of this year.
Earlier this year, I was discussing renewing my advertising with a sales rep from the company. We got the point where I asked for quotes on different programs, proofs and a contract to review. I reminded the sales person that I had a non-auto renew amendment. The sales person quit the company before sending the requested information, and my calls went unanswered. I decided to just abandon advertising for this year and decide what to do next year. No contract was offered or signed.
Today I received a copy of the phone book and a bill for advertising. I contacted the company and explained that we had no contract, and I did not authorize any advertising. The agent agreed to terminate all digital advertising and credit the account for the amount due plus $200. While waiting on the phone with the agent, I opened the phone book to see if they actually published an ad in my name.
The phone book contained a large display ad in my name WITH THE WRONG PHONE NUMBER! It is actually a number I had 20 years ago that has not been in service since the turn of the century. I called the number in the ad and a recording came on “that number is no longer in service”.
This means that the advertising company took it upon themselves to publish an ad without authorization which directs callers to a not in service number indicating that I am no longer in business.
Obviously this has had a negative impact on my business, as well as my practice and my personal reputation.
I am fairly certain I have a case for lost business and damage to my existing business. Is it appropriate for me to send a letter demanding compensation for damages or should I immediately seek an attorney?
I am a practicing Clinical Hypnotherapist for the last 20+ years during which I have established myself with the local medical and lay community.
I received the yellow pages and discovered they had printed an ad in my name with the wrong phone number. The ad was unauthorized.
Here is some history:
Last year (2015), I contracted with the yellow pages to print an ad and for digital advertising. I insisted on a Non-Auto Renew amendment and I have the signed copy. The contract ended in May of this year.
Earlier this year, I was discussing renewing my advertising with a sales rep from the company. We got the point where I asked for quotes on different programs, proofs and a contract to review. I reminded the sales person that I had a non-auto renew amendment. The sales person quit the company before sending the requested information, and my calls went unanswered. I decided to just abandon advertising for this year and decide what to do next year. No contract was offered or signed.
Today I received a copy of the phone book and a bill for advertising. I contacted the company and explained that we had no contract, and I did not authorize any advertising. The agent agreed to terminate all digital advertising and credit the account for the amount due plus $200. While waiting on the phone with the agent, I opened the phone book to see if they actually published an ad in my name.
The phone book contained a large display ad in my name WITH THE WRONG PHONE NUMBER! It is actually a number I had 20 years ago that has not been in service since the turn of the century. I called the number in the ad and a recording came on “that number is no longer in service”.
This means that the advertising company took it upon themselves to publish an ad without authorization which directs callers to a not in service number indicating that I am no longer in business.
Obviously this has had a negative impact on my business, as well as my practice and my personal reputation.
I am fairly certain I have a case for lost business and damage to my existing business. Is it appropriate for me to send a letter demanding compensation for damages or should I immediately seek an attorney?
I am a practicing Clinical Hypnotherapist for the last 20+ years during which I have established myself with the local medical and lay community.
Business Issues: Yellow Pages Issue
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