Jarndyce And Jarndyce
For those of you who do not already know, I come from a family full of lawyers.
In fact, one of the reasons I didn’t become a lawyer myself was because I was concerned that if I had, the earth might have swallowed up inside of itself from the ego vacuum that would have been created by such a happening over an already ego-heavy area like Southern California.
Therefore, when MyFormerAdNetwork breached its contract with me two weeks ago, I did not speed-dial Gloria Allred (or somebody like her) in search of a quick payday, as some of you might have surmised, based on the lovely graphic provided by ShePosts.com.
Rather, I asked somebody in my family to dash off a quick email to them to protect my rights.
And I have a feeling that, had you been in my shoes, and you had your ads taken away without cause and for fraudulent reasons — as you all witnessed occur two weeks ago — you would have done the same.
Nevertheless, to clear up the confusion, the email that was sent on my behalf is pasted below (minus any names of affected parties except for myself). Please note that it was written by email, rather than through cutting out letters from magazines and pasting them onto a piece of paper with rubber cement.
Please be advised I represent Ms. Anna Viele as well as ABDPBT.com. I have been closely following the course of events over the last few weeks. Without arguing the merits of your numerous and egregious misrepresentations and actions during that time, I am now forced to respond to your termination of my client from the network.
You terminated because you think Anna misrepresented her numbers. In fact, what she stated was that those numbers were a “Case Study”. There was no representation that the numbers were hers. In fact, the numbers she used were absolutely accurate and we can prove it. As such, you terminated her in knowing violation of the terms and conditions of your contract with her. This was done, clearly, in bad faith.
We are in the processes of compiling many, many case studies. Your faithful members are knocking down the doors with their numbers, some on the record and some off the record. Clearly you did not enjoy or endorse ABDPBT’s recent “how to” series empowering bloggers to generate their own ad revenue and monetizing their blogs beyond the purview of your monolithic enterprise and “service”. You wanted to disassociate yourself from one of the most popular bloggers because she was showing your members and your potential members how to live and earn and prosper without you. You then created a series of bogus, bad faith excuses to at first suspend and now to terminate her from your service as a measure of your dissatisfaction with her speaking out monetizing mommy blogs. Shame on you!
Everyone knows the effect your signing up PW has had on their own situations. What they do not know, and what is becoming readily apparent, is that you are operating in bad faith and fraudulently under the terms of your agreements with them. I wonder if you will be able to still call it a “network” when all you have left is PW?
To wit, and in any event, we are in the process of preparing a massive lawsuit against you alleging, among other things: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud; and (4) intentional and negligent interference with prospective economic advantage.
This is about business as far as I am concerned. As such, my client is willing to settle this matter and quietly move on with her blog and herself. The price is $150,000. This offer shall expire upon close of business, PST, Friday April 30, 2010. My client is willing to settle for so little to simply buy herself peace and move on. Our mathematicians have come up with some very interesting conclusions about your business both before and after PW came on board. If you want to fight this then let’s go ahead and do so. It should be very interesting. I am looking forward to looking at your books and your contracts which, I am confident, will help confirm the hundreds of reports we already received from your subscribers. My guess is that at the end of the day Anna will either own your company or your company will no longer exist. How this plays out is your decision.
I look forward to your response.
Please note, in particular, that there is no mention of me ever, under any circumstances, discontinuing the writing of my posts about advertising inventory tiers in the BlogHer advertising network.
This is because I would never, ever, under any circumstances, have made such an offer. I would never have put a price on my posts.
This is in direct contrast to the allegation made by Elisa Camahort-Page, Co-Founder and current manager of events, marketing and corporate operation of MyFormerAdvertisingNetwork, and as reported by Esther Brady Crawford of ShePosts.com on May 1, 2010, who claimed that the offer of $150,000 was to “stop the posts,” and which has since been picked up and run with by the Internet At Large.
I’m guessing that — if Elisa indeed did say this, and it is not a misquote — she probably did so because the attorney was simply hired to write a letter and is not formally on retainer, and therefore did not actually explain my email to MyFormerAdvertisingNetwork’s executives at length, so they did not understand my offer and what it actually covered. Therefore the executives at MyFormerAdvertisingNetwork attached the settlement offer to what they most wanted most in the world to have happen, which was to have my posts stop appearing.
Which is actually kind of interesting, now that I think about it.
Because if the attorney had been on retainer, he would have explained to her what my letter actually said: viz., you will avoid a lawsuit that is actually worth a lot more than $150,000 because it will expose a business model that is fraudulent, a contract that is made in bad faith with all of your publishers because it does not treat them fairly, and exposure at a national level to class action lawsuits, bad publicity, termination of relationships with advertisers, et cetera.
I’m guessing that about Elisa’s quote because I am a generous person. If I were an ungenerous person — or if I were my attorney/my family member I would allege that Elisa’s quote is just another example of MyFormerAdvertisingNetwork’s dishonest business practices and their ongoing effort to smear my name with the community. Indeed, that is precisely what has occurred over the past few days as a result of that quote.
Click on each to read the full text, redacted only for the names and addresses of attorneys. Enjoy.
For those of you not wanting to wade through the legalese, there are two salient points to get from perusing their attorney’s letter, viz.:
- That MyFormerAdvertisingNetwork’s own attorney was under no misconception about the terms of my settlement offer governing a breach of contract claim ONLY; that the settlement offer had nothing to do with writing or not writing of posts; and
- That my contract with MyFormerAdvertisingNetwork was terminated under false pretenses, viz. ostensibly because I published false statistics regarding my own traffic stats by tweeting about a blogger case study, when in fact I was tweeting about another blogger’s statistics which were completely accurate and, what’s more, completely verifiable, and so my claim for wrongful termination is not only a viable claim but in fact something easily proven in a court of law.