Draft llepard to Union Leader

[homah]

PLEASE listen to Thunderbolt.

+1^100000000000

 

[Shink]

I am contemplating sending this letter.

I haDRAFT


Dear Sirs and Madams:

My representative, Linda Lagana contracted verbally with your representative, xxxxxxx, to run an advertisement supporting Ron Paul in your newspaper today, Sunday, December 30, 2007. Payment was made in full in advance. My representative received several verbal assurances that the ad would run.

However, the ad did not run. I do not know why. Perhaps it was an honest mistake, but I cannot help but wonder if you would have made an honest mistake if the ad was for John McCain who you have endorsed. Either way, I expect to be compensated for this contractual breech on your part.

The value of the publicity on this day is literally irreplacable. We will never catch the NH voter on a better day than today was.

Your decision is very simple. You can choose either of the two following paths.

1. You run the ad every day between now and the NH primary at no cost to me and insert the following text above the advertisement. "The Union Leader is running this advertisement for free because we made a mistake and did not run it as promised on 12/30/2007".

or

2. I will purchase a page in your paper every day between now and the primary and run the ad at my expense. Furthermore, I will file suit against you for breach of contract and the damages figure will be huge. I will then depose every single one of your employees and make them testify under oath as to whether or not they received any instructions to not run the adv. I may find nothing, but who knows. I may find something. But be sure of this, I will do this.

I hope you will choose to make the right decision and try to correct the greivous wrong. If not I will be prepared to meet you face to face in court.

Sincerely,

Lawrence W. Lepard


Ive not sent it yet. Paying for the ads will be tough.

Thoughts?

Great way to lay the smackdown.

 

[libertyguy]

We sure do appreciate your efforts, my friend. I think the advice to have an attorney deliver the message...to the publisher via fastest, most head turning way, would be best advised. It is a shame, but we have to fight this battle on all sides at the same time. Seems like the troops are holding up fine and we are behind you all the way. Please advise us if we can assist in any way...emails, phone calls, or whatever!

 

[sam1952]

PLEASE listen to Thunderbolt.


+1

 

[MsDoodahs]

Four Words.

Consult. An. Attorney. FIRST.

But if you don't want to do that, or don't have time....try this letter instead:

-----

Sir:

My representative, Linda Lagana, entered into a verbal contract with your representative, xxxxxxx, for an advertisement in your newspaper to be run Sunday, December 30, 2007.

Payment was made in full, in advance.

My representative received multiple verbal assurances that the ad would run.

The ad did not run.

The date for publication was essential, and of irreplaceable value.

As compensation for this contractual breech on your part, I propose the following:

The ad runs daily between now and the NH primary - at no cost to me.

Time is of the essence. Contact me prior to 3pm eastern 12/31/07 at:

Regards,

Lawrence W. Lepard
----

That gives you the time to contact an attorney to handle it for you. It also gives them a heads up that you mean business (phrases like breech of contract.)

It leaves you some negotiation room - by saying that you want the ad to run daily at no cost, they might offer to run it daily for what today's ad would have cost. Or maybe they run it 4 times for free. Gives both sides some options. The key is to get that ad in front of as many eyeballs as possible, and their circulation numbers for weekdays compared to Sundays is where you have the upper hand. Don't let them shit you out of Sunday.
If they do not contact you by 3pm, have your attorney contact them at 3:20pm.

That's my best suggestion.

 

[lurker]

... Either way, I expect to be compensated for this contractual breech on your part...

breech should be spelt "breach"

 

[scrosnoe]

wise words

Four Words.

Consult. An. Attorney. FIRST.

But if you don't want to do that, or don't have time....try this letter instead:

-----

Sir:

My representative, Linda Lagana, entered into a verbal contract with your representative, xxxxxxx, for an advertisement in your newspaper to be run Sunday, December 30, 2007.

Payment was made in full, in advance.

My representative received multiple verbal assurances that the ad would run.

The ad did not run.

The date for publication was essential, and of irreplaceable value.

As compensation for this contractual breech on your part, I propose the following:

The ad runs daily between now and the NH primary - at no cost to me.

Time is of the essence. Contact me prior to 3pm eastern 12/31/07 at:

Regards,

Lawrence W. Lepard
----

That gives you the time to contact an attorney to handle it for you. It also gives them a heads up that you mean business (phrases like breech of contract.)

It leaves you some negotiation room - by saying that you want the ad to run daily at no cost, they might offer to run it daily for what today's ad would have cost. Or maybe they run it 4 times for free. Gives both sides some options. The key is to get that ad in front of as many eyeballs as possible, and their circulation numbers for weekdays compared to Sundays is where you have the upper hand. Don't let them shit you out of Sunday.
If they do not contact you by 3pm, have your attorney contact them at 3:20pm.

That's my best suggestion.

+1/sc

 

[austin4paul]

PLEASE listen to Thunderbolt.

And to ChicagoLawyer! The value of the ad is not "priceless" (although we might all agree with that) -- the value of the ad is what you paid for it. So, if they offer to return your money (which, of course, they will) they will have conducted business with you in good faith and fairly compensated you for damages by returning your money.

I do think that the value of the ad on this Sunday exceeds the value of the ad on days later in the week, but I'd imagine that their ad rates reflect that already and are less expensive during the week.

I'd suggest you try getting them to run the ad a few more times for free, in addition to running it next Sunday.

Good luck, and thank you. I know this must be terribly frustrating for you, and the timing coming right with the upsetting Fox issue only compounds emotions...

 

[stevedasbach]

I would wait for an official response, but if this shapes up to be what it seems to be, we should be outraged and act accordingly. Any idea on the cost of such a project?

+1 Get a written explanation and compensation offer first.

 

[mexicanpizza]

Why not just pay off someone at their printing house to stuff all the papers with whatever you want?

Great letter.

 

[Lord Xar]

Try diplomacy. You explain your position and how their endorsement of an opposing candidate and YOUR ad "not showing" on such a crucial time - is very suspect.

Also, perhaps the NY ad you did resonated a TON with people and the Union Leader didn't want that same 'response' from NH voters...

But, I would caution to find out what their excuse is first. Work with them to get perhaps a better deal.

for instance... if their readership for Sunday is 500K, BUT their readership for the weekdays is 300K.. I would suggest the following.

With the money thus so far paid, you get IN WRITING - everything in writing, that they RUN YOUR FULL PAGE on BOTH this coming SAT and SUN for the one price (which you previously paid)...

OR

they RUN your ad on Either Sat or Sun and TWO days during the week.

*******

You lost a great day, BUT -- with the upcoming OMISSION from the debate perhaps you can "ADD" that to your ad (why are they censoring the only candidate....... think people...)

and have that revised ad run for 3x.

What I am trying to say is - work something out. Don't throw out the bathwater just yet.

Also, keep in mind that 'someone might have deliberately' left out the ad - BUT your contact might not know anything about it. Don't assume all are involved.

When I ran the AMES Iowa ad - same thing happened. The ad WAS NOT placed in the sat before the AMES Straw POLL.. Convenience right? They gave me 3 extra runs in lieu of that "good day".

Someone at the 'printing level" or "ad placement" level might of carelessly left it off.

Anyways, do you have the cell contact of the person you interfaced with? call them now.

 

[Birdlady]

Whoa you have to consult a lawyer. There is a lot of strong language in it.

Have you tried to get your money back? If not, then your letter is not acceptable.
Have you even contacted them? If not, then your letter is not acceptable.

Now if you had contacted them and they told you to screw off, then your letter would be appropriate.

Don't be that annoying ebayer that gives negative feedback without even contacting the other person first.

Right now your entire letter is based upon speculation (her not running it because they endorsed McCain). You have no proof for this statement and it looks a little kooky to me.

Contact them politely first, but firm. Do not send that one out. It could come back to bite you in the ass.

 

[jointhefightforfreedom]

llepard for "Vice President"

i say Go with your gut instinct it is usually right!

If they don't run the add i would run it in every competiting newspaper!
highlighting the union leaders bias vs integrity

 

[jointhefightforfreedom]

Whoa you have to consult a lawyer. There is a lot of strong language in it.

no need to "consult a lawyer" IMO you dont have to run to a lawyer to fight every battle! i wouldn't want to waste $$ on the lawyers!

 

[Mark]

And to ChicagoLawyer! The value of the ad is not "priceless" (although we might all agree with that) -- the value of the ad is what you paid for it. So, if they offer to return your money (which, of course, they will) they will have conducted business with you in good faith and fairly compensated you for damages by returning your money.

I do think that the value of the ad on this Sunday exceeds the value of the ad on days later in the week, but I'd imagine that their ad rates reflect that already and are less expensive during the week.

I'd suggest you try getting them to run the ad a few more times for free, in addition to running it next Sunday.

Good luck, and thank you. I know this must be terribly frustrating for you, and the timing coming right with the upsetting Fox issue only compounds emotions...

What about intrinsic value?

Like if a paper contracts to run an ad about a store's big sale.

The store spends a lot of money preparing for it. Then the paper doesn't run it.

There are intrinsic damages based on the amount of money/publicity ect the store lost.

This day wasn't chosen at random. It's intrinsic value was the sole reason for choosing it.

There are irreplaceable intrinsic damages involved in the paper's neglect.

 

[LibertyEagle]

no need to "consult a lawyer" IMO you dont have to run to a lawyer to fight every battle! i wouldn't want to waste $$ on the lawyers!

Rest assured that the newspaper won't hesitate to consult their lawyers though.

I agree with those who said that the best course of action is to contact the person with whom Linda contracted and discuss the situation. I would absolutely not send the current letter without doing so and even then, not until after consulting an attorney.

 

[piotr1]

Mr. Llepard, your our hero whatever you do! 8)

 

[jointhefightforfreedom]

Rest assured that the newspaper won't hesitate to consult their lawyers though.

I just wouldn't wait for laywers on this first letter
personally i would be giving them a WTF phone call first.
The first WTF call would go to the sales rep if they can't answer or resolve anything then go up the ladder with WTF until you reach the owner!

 

[UtahApocalypse]

I agree the first action is contact the paper and try to reach a agreement that will remedy this. But, do not agree to anything less than what you have in the letter.

Second action if that fails is contact a lawyer, and then send the letter.

 

[Valis33]

They broke an agreement. I'm sure they will be happy to refund the money, and give him some sort of ridiculous excuse as to why they broke their agreement.

I think you should press, and press hard about damages due to missed publicity with the agreed upon timing of your ad.

Surely there are other cases out there that you can take lead from.

Whoa you have to consult a lawyer. There is a lot of strong language in it.

Have you tried to get your money back? If not, then your letter is not acceptable.
Have you even contacted them? If not, then your letter is not acceptable.

Now if you had contacted them and they told you to screw off, then your letter would be appropriate.

Don't be that annoying ebayer that gives negative feedback without even contacting the other person first.

Right now your entire letter is based upon speculation (her not running it because they endorsed McCain). You have no proof for this statement and it looks a little kooky to me.

Contact them politely first, but firm. Do not send that one out. It could come back to bite you in the ass.