Legal Question in Personal Injury in Hawaii
Inaccurate Yellow Pages Advertising
Our small business has purchased substantial advertising in the principal phone book/yellow pages year-after-year for the last 40+ years. This has been our nearly-exclusive form of advertising for over 40 years, and customers have consistently relied upon the Yellow Pages to contact our business.
In the recently published edition of the phone book/yellow pages, the publisher neglected to place ads for our company in certain key sections, and placed several ads in various other sections that contain gross inaccuracies. As an example, advertising placed by the publisher in several key sections of the phone book/yellow pages listed the name of our holding company only -- and not our common, ''dba'' name. The publisher took these actions in the absence of a contract approved by anyone at our company -- and in the absence of proof-sheets approved by a representative of our company.
Our business will almost certainly sustain a loss of business as a result of the publisher's negligence. Moreover, our company will be required to expend capital on a substitute advertising campaign via expensive newspaper and other advertising to counteract the erroneous advertising that was published.
Do we have any potential tort claims?
2 Answers from Attorneys
Re: Inaccurate Yellow Pages Advertising
As a business owner, I am truly sorry to hear of your ordeal. I understand fully the dire consequences this error will have on your business. While there is no contract for this term, please review your prior contracts relating to successive terms. Your prior contract may govern your rights. There likely is a waiver or limitation of liability of some type. However, most yellow page companies state in their contract that they first have to obtain your approval of the proofs and this likely will be the company's downfall. Moreover, it is puzzling that after 40 years they failed to use your old ads and goofed up your new one. Your claim will be for breach of contract and would likely not be a tort claim. Good luck to you.
Re: Inaccurate Yellow Pages Advertising
Your claims probably sound primarily in breach of contract- rather than tort (personal injury). Your paperwork will be of considerable importance in the outcome of your claims. For a review of your situation- get together all of the communications, papers, proof sheets and other documents between you and yellow pages for this year's book and give me a call at 808-528-2525. Happy Holidays!
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