I wish I had been to the net before we got involved with these people. We were contacted by a very nice-sounding lady who said she was from Smith's Food and Drug, and that they were contacting local medical providers to promote their services. She told me that they had one spot left on the front page of their directory and that they were reserving that for us.
On 12/10 we were visited by Nancy Ethington, their sales rep. This lady's sales techniques were smooth. We were told specifically and directly that the Movie News would be distributed at Smith's Food & Drug, at holders in the checkstands, and that about 10,000 of these per month were being distributed. She offered us a discount on the year's ad. It seemed like a good deal.
A couple of weeks later I went to the Smith's in question and found out that there were no holders at the checkstands, that the Smith's management knew nothing about the Movie News, and that a few copies were dropped off at the magazine racks by the door now and then. I went to another Smiths' and found that they indeed had holders by the checkstands, but all were empty and many were broken.
We contacted Fanfare Media and told them we wanted the contract cancelled for misrepresentation, and a refund of the deposit we paid - fortunately only $169.00, by check. Today (1-30-08) we were called by Fanfare Media to see if we had had a chance to approve the proof of our ad. I told the representative that we were cancelling the contract and wanted a refund. I was told the contract was non-cancellable. I explained the difference between what the saleslady told us and what was really happening. I was told "We are not there when the salesperson makes the presentation, only what is in the contract is valid." I repeated that we were cancelling the contract and wanted a refund. The lady on the phone then said without hesitation, "If you are refusing to pay the balance of the contract then this will be sent to pre-litigation today." I told her that she was part of a criminal organization, that it was frightening to encounter businesses that were so dishonest, and that if they even thought about litigation they would be sued in return for theft by deception.
Thus far the salesperson in question has neglected to return any phone calls. This outfit is running a real racket and needs to be shut down. I will be writing to the AG of Utah and California, as well as the BBB in both Salt Lake and Valencia.
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