Re: Meeting Harsh Reality Head-on - scammed by a publisher

On his blog, garyshiow says:

"I decided to speak with him and told him of my circumstances and what I needed from a publisher, including a cost-per-unit to me of around $5 – 6.00 before shipping… and that I expected to pay close to that with any publisher I signed. We spoke a few times before I signed any agreements and during each conversation I asked about the cost-per-unit fee. He assured me it would be reasonable… but until they had the files for the interior and cover art and knew what their setup and productions costs would be he could not give me a cost per unit…. After the final payment was made I was told the cost-per-unit would be $13.00, not including shipping."

While I guess I'd call that "being scammed," it seems to me to fall within the range of stuff a prudent author should have been prepared to defend against. In particular, next time, if it's important, get it in writing. It's not a question of legalism, it's a question of avoiding misunderstanding, and having something an objective third party can look at later when you complain, to show that you weren't engaging in wishful thinking. Heaven only knows what courts say, but I think an email exchange would count as "writing" here. Even if you didn't have a a number, if you had an email exchange in which you said you needed "around $5 to $6" and a positive-but-noncommittal response, everyone can judge whether $13 is "about $5 to $6." 

I believe you should try another complaint letter. Tighten up the one you sent. Focus with laser sharpness on what you want XLibris to do for you. Perhaps you'd like a refund of the $1050 you've paid in fees--make sure you have an EXACT total--and for them to either a) let you keep the copies, what the heck, but volunteer that you'd be happy to send them a signed statement that you've destroyed them, or b) pay the shipping costs for you to return them. 

Don't ask THEM to "please respond… with a solution to these issues," tell them what YOU want and make that the FIRST sentence of the letter. Keep the letter down to less than a page in length. 

I'm thinking the gist of the complaint is that there was a misunderstanding about unit costs, that $13 is not "around $5 to $6" and it should have been possible to estimate that in advance of production, and that you feel that you did not authorize production.

Sure, _I_ think you were scammed, a little, but be pleasantly hypocritical and don't make the letter sound that way. Leave out the threats. The tone should be: there was an honest misunderstanding, I am unhappy, please do this simple thing and I will be happy. It may not help, but a negative tone and threats won't increase the chances of success. Don't use any legalisms, they probably know the legal situation better than you anyway, and they know you can't really afford a lawyer. You won't impress them with how irate you are, my guess is they get plenty of complaints :) and are pretty thick-skinned about it.

DON'T send it to "the XLibris publishing company," send it to the office of the CEO. Let's see, who is that? Click, click… "Recently, Xlibris became part of the Author Solutions group of companies…" headquarters in Bloomington, Indiana…  click, Google, click… "1663 S Liberty Drive #200, Bloomington, IN 47403-5161," Aha! Bingo: http://www.authorhouse.com/media/NewsReleases/ASIHQExpand.aspx

Mail your complaint as a paper letter via U. S. Postal Service to Kevin Weiss, CEO; Author Solutions, 1663 S Liberty Drive #200, Bloomington, IN 47403-5161.

Brace yourself for the possible sting of rejection. I don't say it will work. I've had maybe 30-50% success with this sort of thing, never tried it with sum as large as $1050. But you've nothing to lose except for the hour of work it might take to write a quality letter. What I mean about "getting it in writing" is that the chances of success would be a little higher if you had printouts of emails showing just what you and the rep said to each other about unit costs.

Oh: almost, forgot: send it by certified mail, return receipt, with recipient's signature requested. Make 'em sign for it. 




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