Legal Question in Business Law in Florida

Costly Advertising Error

Both my husband and I, after years of careful planning, stopped working in the corporate world and began our own small business. One of the main expenditures (besides insurance) is advertising.

We started last year with a very small ad in one of the 'yellow pages' books and it quickly provided leads to us and helped our business grow. When we both left the corporate world, we were in discussions with another, larger ''yellow pages'' book and took out a 1/4 page ad in two different geographical areas. The staff that was putting together the ads sent several proofs and finally we were satisfied.

On the day before the changes before printing closed, we were contacted by our ad-man who stated that the business name would need to be included in the ad. We had no problem with that and were assured that it would be in small print at the bottom of the ad. When the books were printed, our company name, which has nothing to do with this particular ad, was in huge print, completely over-shadowing the message of the ad.

We feel that this will cost us many thousands of dollars in business (based on the fact that a very small ad brought in a lot of revenue).

They are not willing to negotiate. Do you think we have a case?


Asked on 12/15/07, 7:53 pm

2 Answers from Attorneys
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Costly Advertising Error

Yes, if you would like a consult with regard to having an attorney contact the "yellow pages" company, please contact my office.

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Answered on 12/17/07, 11:10 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Costly Advertising Error

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you read your contract, your damages are probably limited to the cost of the ad. The chances are that the company has already offered you that. If not, hire an attorney and have the attorney review the contract and write a demand letter for whatever the contract provides as your damages.

Scott R. Jay, Esq.

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Answered on 12/15/07, 7:59 pm


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