ComplaintsforD&D Advertising Enterprises, Inc.

• Initial Complaint

  11/22/2021

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I was in the midst of opening my new business in *******,** in July 2021. A person representing D&D advertising but claimed he was with the ********** ** ***** ****. He asked if we wanted to advertise on their upcoming basketball schedule and I agreed to pay $479 for a corner ad spot of which he said he only had one spot left and he said we would own that spot on every schedule that got distributed in ***** **** and surrounding areas. It turns out D&D has no association with ***** **** and neither did the employee claiming he was. Secondly today at the gym I noticed one of their schedules that had a different business in my spot that I owned. I called them and they stated they double sold the ad spots which was never disclosed to me as I was told to hurry and pay because I would lose that one last spot left. I called the other business and they verified they were not told I had already purchased that spot. I spoke to Diane of D&D today and she said she knows they double sold them and they had the right to do that and they wouldn’t be refunding my money. She said she could’ve sold that spot 5 times over and I still wouldn’t get my money back. I said well I’m going to call the other businesses and notify them that you double sold their “exclusive” spots to which she replied she will sue me for slander. This is a pretty solid case of fraud and attempted intimidation by the owner of the business.

  Business response

  12/08/2021

  First and foremost, we would like to apologize for the initial misunderstanding.  We attempted to clear things up when the customer contacted us by phone, but he very quickly became rude, combative, and started swearing while talking to our President, and calling her names.  We had to end the call.  We continued communicating via email, but that quickly broke down as the customer increasingly made demonstrably false claims, and making slanderous threats.
  
  At the outset, we would like to address his claim that we were “with the school.”  That is simply not true and we have never made any claims as such.  All our proposals, emails, websites, invoices, radio spots, etc. including the final product—the poster, have a clearly worded disclaimer stating that we are not affiliated with any school or program.  Our salespeople are trained to say that as well, and we highly doubt that a salesperson that’s worked with us for over a year and has no complaint history, suddenly claimed something that would lead to disciplinary action, up to and including termination.
  
  The main complaint the customer had before resorting to false claims and threats was that he saw a poster hanging in the local gym he attends that happened to be from a wholly separate advertising campaign.  We did TWO DIFFERENT FULL CAMPAIGNS in the ***** ****, ** area as we do with several large and/or prosperous areas.  We want to stress that each campaign is its own entity with completely different advertisers, radio, and social media packages included in the campaign.  The customer’s assertion that he was somehow shorted because he was included in one campaign and the other is simply not true.
  
  Each campaign got the standard 1,000 printings of the poster, distributed to our advertisers and other locations as distribution sites.  They also include radio and social media packages.  Again, these are two separate campaigns with the same number and quantity of items.
  
  As the customer received exactly what he was promised and in light of his unacceptable behavior, there is no need for a discount or refund.  We will not be contacting this customer ever again.

  Customer response

  12/08/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, reasons for rejection are included below.

  This business falsely claimed that we would be the only business advertising on that section of the schedule for all copies distributed in the ***** **** region.  They said "this is the last corner spot available".  Upon talking with other business owners that were ripped off by these people I found they were all told the same thing that they needed to act fast to make sure they get the last remaining spots.  This is not the truth because they just continued selling spots and printing multiple copies.  The person that called me to sell the advertisement also said he worked for ***** **** which was not true.  They lied to many businesses in this area and I would be happy to bring all of them forward to tell the same story.  All I asked for was a refund because they did not do what they said they were going to do and they are maintaining their lie without accepting any responsibility.  
  
  Regards,
  
  ****** *** *****
  

  Business response

  12/08/2021

  Quote from Customer: "This business falsely claimed that we would be the only business advertising on that section of the schedule for all copies distributed in the ***** **** region.  They said "this is the last corner spot available"
  
  They ARE the only business advertising on that corner spot on that ad campaign.  They're two different ad campaigns.  It's like being mad that they're on a billboard ad on one street, but then upset that they're not on another billboard ad on a different street.  They're literally two different campaigns with different advertisers and even different salespeople.  If the customer had been informed about the other campaign and wanted to be on the other poster, that would have been a second ad, which would have been another $479.00.

  We have already answered the claim that the salesperson claimed to work for the school.  Absent proof of that, such as the recording the customer claims to have but did not share with us when asked, we cannot act further on this unsubstantiated claim.  Our people know we are very strict about that.  They can be terminated for making such a claim on the phone and we will not terminate someone without proof.

  Quote from Customer: "All I asked for was a refund because they did not do what they said they were going to do and they are maintaining their lie without accepting any responsibility."
  
  We did exactly what we said we were going to do.  We are sorry you don't feel that way, but making false claims does not change the facts.
  

  Customer response

  12/09/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, reasons for rejection are included below.

  As you stated in the response, "if the customer had been informed of two different campaigns" we would have acted differently.  You also stated to me on the phone the demand was too high to just run one schedule so it was not about just standard procedure, it was about taking as much money as possible without informing the customers of what you are doing.  When I said I would be informing the other businesses of what happened you also threatened to sue me for slander.  I turned over my phone recordings to the ********** ** ***** **** and I have testimonial from the other businesses that the salesperson who's phone number is now conveniently disconnected represented himself as a member of the school.  
  
  Regards,
  
  ****** *** *****
  

  Business response

  12/10/2021

  Making threats and claims that you have recorded conversations without acknowledgement or consent is a potential legal liability, and we will not respond further to this complaint.  We do not believe we have violated any laws or company policies, and we delivered what was promised to the customer.  We are genuinely sorry he is not pleased with our service, but that is his opinion, not a disputed fact.  

  Customer response

  12/10/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, reasons for rejection are included below.

  This company is now refusing to resolve this complaint.  I expect that the BBB takes action against a business for misrepresentation and hiding facts from a customer about how many ads will be distributed in the area they sold.  As far as threats I never made any threats and I simply advised other business owners in the community of what happened and the truth regarding the scam.  You can choose not to refund the money just like I can choose to tell my fellow small business owners of your deceptive practices and if they choose not to do business with you again that will be between you and them.  I will not allow you to take advantage of small businesses by using deceptive business practices and if the BBB tolerates this behavior then I am unsure of their purpose as an entity to protect the consumer from fraud and deception.
  
  Regards,
  
  ****** *** *****
  

  Business response

  12/13/2021

  D&D requests this complaint be closed as irreconcilable.  We have done nothing wrong, and the customer refuses to accept that.
  

   

  Customer response

  12/14/2021

  Please see attached copy of receipt. There was no written contract, this is all the paperwork I have. Thank you.

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