Comments on: Class Action Lawsuit Against PublishAmerica Dismissed

By: Mary Sisson

Mary Sisson — Sun, 30 Sep 2012 15:56:24 +0000

This just underscores a point PG has made before–you can’t count on consumer protections when you sign with a publisher.

By: Mira

Mira — Sun, 30 Sep 2012 14:30:47 +0000

This is sad. It sounds like the lawyers weren’t really in this – a quick hit, and then out. What a shame.

I hope this doesn’t discourage the authors from trying to find another set of lawyers, some who might believe more in the cause.

By: Passive Guy

Passive Guy — Sun, 30 Sep 2012 14:22:55 +0000

Brendan – Because individual damages under consumer protection laws may not be large enough to justify the expense of litigation for a single consumer, courts are generally amenable to class action suits because that’s the only way consumers are likely to be compensated for the wrongs done to them.

Additionally, because of the possibility of small actual damages under some consumer protection laws might not deter violation of the law in some cases, the law might provide for a set amount of punitive damages the judge could award (e.g. $10,000 per instance of wrongdoing over and above actual damages) or the judge might be granted general powers to award punitive damages in an amount deemed appropriate given the behavior of defendants.

At this point, there is a 99.9999% probability that attorneys for the authors named as plaintiffs in the suit will be getting nothing for their efforts because they took up the matter for the named plaintiffs (and the rest of the class) on a contingency fee basis.

This is all general speculation on my part because I haven’t read the complaint or the Maryland law in question.

By: Renee Holloway

Renee Holloway — Sun, 30 Sep 2012 14:17:44 +0000

OMG! That is so funny that this has happened…I wrote a book that was published by them a couple of years ago. I have been desperately trying to get out of this crooked contract ever since. I know that my book is best-seller worthy had Publish America been more “professional” they released my book flooded
with grammatical errors and flawed writing. When I emailed them about correcting the errors they REFUSED so now I am deprived of the joy of writing my first novel and am a little discouraged because it will not get the recognition that it needs until my contract with them is up! Its very frustrating and very heartbreaking to be a first-time author and you can’t direct people to purchase your novel because you are embarrassed. I really hope another law suit is filed (one that I can join)so that hopefully I can give my book the same attention that a REAL reputable company and publishers would. Thank you for posting this article!

By: brendan stallard

brendan stallard — Sun, 30 Sep 2012 14:10:39 +0000

“He speculates class action status and punitive damages were easier to generate under the consumer protection law.”

P.G.

To help my understanding of your speculation….

You speculate that the lawyers hit up the class action, because if it succeeded, there was a greater chance of getting some money?

As they have failed, does that mean they get nothing for their work up to now, or have the original complainants underwritten the fees?

Or is that one of them, “individual to the specific case,” questions?

Either way, I’m a bit surprised, because this outfit are well established at this type of effort.

brendan