I own a business in Montana. In April, I paid a local marketing company for advertisement in a very prominent publication as well as to be highlighted on a map that will be distributed to every tourist passing several points on 3 major tourist highways into my region of the state. OK, I know that it sounds like putting eggs in one basket, but the publications reach far and wide and the options in this area are VERY limited and generic where available--it was at the time what seemed like the best decision. Oh, we were also supposed to be given 500 of the maps for our customers (we are a bar, restaurant and hotel) which is SOOO helpful for them as we are, again, a tourist destination.
So, we invested in this marketing and did not pursue much other in that specific 'type' of activity as we assumed it cover such a broad spectrum.

PROBLEM: I finally got nervous as the tourist season came... and began to go... and we never got the maps we were promised. And, I kept asking our customers if they had received a map at the check points---no they hadn't. Ok, so long story short---he never even printed either publication. NOTHING!
So I have called and complained and emailed and complained etc... he won't return emails and won't answer his phone if his ID says it's me calling. I called from a number he wouldn't recognize, he said there was a death in the family and that he was going to print the publication later. Well... I called again several months later and finally got him again by the unidentifiable phone number and he said there was a death in the family. Well I said a death doesn't last 8 months. (heartless, but true) and that our season had come and gone and we lost an entire year's worth of marketing opportunity by investing in his company. Besides... doesn't the show go on in the business world? I mean, I am all for taking care of your personal stuff, but at least make a phone call?? I was never given a chance to pursue something else. We had the slowest season so far and he still refuses to refund my money.

After reviewing fraud definitions and 'actionable' features of the crime, it sure seems to fit. What can I do??

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Originally Posted by paintedpony

I own a business in Montana. In April, I paid a local marketing company for advertisement in a very prominent publication as well as to be highlighted on a map that will be distributed to every tourist passing several points on 3 major tourist highways into my region of the state. OK, I know that it sounds like putting eggs in one basket, but the publications reach far and wide and the options in this area are VERY limited and generic where available--it was at the time what seemed like the best decision. Oh, we were also supposed to be given 500 of the maps for our customers (we are a bar, restaurant and hotel) which is SOOO helpful for them as we are, again, a tourist destination.
So, we invested in this marketing and did not pursue much other in that specific 'type' of activity as we assumed it cover such a broad spectrum.

PROBLEM: I finally got nervous as the tourist season came....and began to go......and we never got the maps we were promised. And, I kept asking our customers if they had received a map at the check points---no they hadn't. Ok, so long story short---he never even printed either publication. NOTHING!
So I have called and complained and emailed and complained etc....he won't return emails and won't answer his phone if his ID says it's me calling. I called from a number he wouldn't recognize, he said there was a death in the family and that he was going to print the publication later. Well.....I called again several months later and finally got him again by the unidentifiable phone number and he said there was a death in the family. Well I said a death doesn't last 8 months. (heartless, but true) and that our season had come and gone and we lost an entire year's worth of marketing opportunity by investing in his company. Besides...doesn't the show go on in the business world? I mean, I am all for taking care of your personal stuff, but at least make a phone call???????? I was never given a chance to pursue something else. We had the slowest season so far and he still refuses to refund my money.

After reviewing fraud definitions and 'actionable' features of the crime, it sure seems to fit. What can I do????

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Sue him - either in Small Claims or in a higher Court (which will probably require an Attorney), depending on the dollar amount.

Sue for the return of your money. In this economy I don't know if you can prove that you lost money due to his failure to deliver but that will be your burden of proof. Proving you lost business due to one factor is difficult but if you have records and know how other similar businesses in your area fared, you may very well have a good case.

JudyKayTee's succinct answer is right on the money (pardon the pun).

We just wanted to comment on your header which reads "Matter of Principal." To some of those in the legal profession that is music to their ears. It often means a client is blinded to the economics of litigation and will spend just about anything to make a point.

In many cases, the decision to litigate should be made like any business decision where one must ask if they will see a reasonable return on their investment?

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Originally Posted by Justice Matters

JudyKayTee's succinct answer is right on the money (pardon the pun).

We just wanted to comment on your header which reads "Matter of Principal." To some of those in the legal profession that is music to their ears. It often means a client is blinded to the economics of litigation and will spend just about anything to make a point.

In many cases, the decision to litigate should be made like any business decision where one must ask if they will see a reasonable return on their investment?

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Wow - this is good and to the point. Yes, once a client comes into an Attorney's office and wants to discuss "fair" and "moral" you can see the hours begin to mount.

I realize it's very, very difficult, when you're in the situation, to separate the what should happen from the law says will happen.

Love the principle part!

When the goods aren't produced as promised, and they don't contact YOU, it is really suspicious. i.e. fraud.

Do you have a receipt with a business registration/tax number on it? Have you checked online to see if others are in the same boat? (I suspect there are many).

Keep all copies of everything, dates, times, email. If you send mail via the post office, register it.

It unfortunately sounds like you will have to go to court for recovery, and I wish you well.

All you can do is provide proof that you tried to get what you paid for, and let him explain why you didn't.