Legal Question in Business Law in Maryland

Follow-Up: 30 Day Advertising Cancellation Notice

I've read the replies to ''30 Day Advertising Cancellation Notice''. Mixed, but interesting. Thanks.

To clarify, the plaintiff is a zone direct mailer publication. We picked 2 zones for our ads. The 1st ad ran and was fully paid for. The 2nd ad is the one the publication refused to pull at our request. Not just because of insufficient time, but because of the 30 day policy. Fine. Still, don't run the ad. Bill us, but don't run the ad.

The problem with their policy is that they decided to run the ad without permission or knowledge in all their zones during the month we cancelled 11 or 12 days late.

If there isn't enough notice to pull an ad, how does an advertiser find time to place the ad in all publications without authorization anyway? Graphics and ad design/layout belong to us. We did everything for that exact control purpose in mind.

We fighting. Thanks again for the replies.


Asked on 11/13/01, 2:24 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Follow-Up: 30 Day Advertising Cancellation Notice

Again, it depends on the contract terms. If the contract allowed for changes at the time you cancelled, perhaps they should have "changed" it to a blank page, but they still probably have a valid claim. If you have specific circumstances that you believe establish a defense, you should consult with a lawyer or run it up the flag pole in court (the amount is a little small to involve a lawyer). But understand that the terms of the contract govern, and contractual deadlines, however unreasonable, are generally enforceable.

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Answered on 11/13/01, 3:49 pm


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