FIRST COMPLAINT
Complaint about: Trail Blazer Magazine / trail-blazer-magazine.com / trailblazermagazine.us / Susan Gibson
1. Writer alleged she's owed money by Trail Blazer Magazine / trail-blazer-magazine.com / trailblazermagazine.us / Susan Gibson.
2. Trail Blazer claimed the writer was paid in April but the writer sent emails to WritersWeekly showing the publisher was still promising the first part of a partial payment in June (two months after the publisher claimed to WritersWeekly the payment was made).
3. An individual claiming to represent Trail Blazer, "Tomas Schmitt", using a gmail account, contacted WritersWeekly and the writer. This individual never did divulge to WritersWeekly or the writer what his firm was called, nor his exact relationship with the magazine.
4. The individual spelled his name two different ways in strings of emails exchanged with the writer (Schmitt and Schmidd, interchangeably).
If you'd like to comment on situation, please email: angela@writersweekly.com
~~~~~
-------- Original Message --------
Subject: COMPLAINT about Trail Blazer Magazine / trail-blazer-magazine.com / trailblazermagazine.us / Susan Gibson
Date: Mon, 19 Oct 2009 18:44:43 -0400
From: Angela Hoy
To:
publisher@trailblazermagazine.us,
editor@trailblazermagazine.us, KM
Also submitted via your web form here:
trailblazermagazine.us
October 19, 2009
Trail Blazer Magazine - trail-blazer-magazine.com / trailblazermagazine.us
Susan Gibson, Publisher -
publisher@trailblazermagazine.us
Terri R. Folks, Associate Editor -
editor@trailblazermagazine.us
4241 North Covina Circle
Prescott Valley, AZ 86314
P(928)759-7045
F(928)441-2817
WritersWeekly.com has received a complaint about:
Trail Blazer Magazine / trail-blazer-magazine.com /
trailblazermagazine.us / Susan Gibson
WritersWeekly.com is a publication that publishes information for
and about freelance writers. The publication is the
largest-circulation freelance writing ezine in the world.
As part of that information, WritersWeekly.com publishes a Warnings
section on its website and in its newsletter. This warning section
contains reports about publications that are unprofessional in
dealing with writers, haven't paid writers money that is owed to
them, who have not abided by their contracts, or who have unfair
contract terms. These reports are used by WritersWeekly.com's
subscribers
to decide which publications they should and should not work with.
Your firm has been submitted to us for inclusion in the
WritersWeekly.com Whispers and Warnings section.
Step one of our investigation of this report is to gather all
relevant correspondence between your publication and the person
submitting the complaint so that we can piece together that person's
side of the story. Step one of our investigation has been completed.
-------------
THE COMPLAINT
-------------
KM (name not published here but was, of course, provided to the publisher)
alleges you owe her $725 and that you're ignoring her
correspondence.
See complete allegation under my signature.
-----------------
WHAT HAPPENS NEXT
-----------------
The second step in our investigation is to send this communication
to your firm to get its side of the story. If you have evidence
disputing these allegations, or would like to make your own
statement about these allegations for publication in our report, please
email
angela@writersweekly.com within two business days.
***All correspondence for our investigations must be in writing and
is subject to publication.***
If you do owe this person money, we strongly suggest you read
this article before responding:
http://www.writersweekly.com/the_latest ... 32006.html
Our report on your firm is scheduled for inclusion in our
publication next Wednesday, though it may appear in our Whispers and
Warnings forum before that time.
If there is no response to these allegations, WritersWeekly.com will
still publish this complaint, but our readers will not be able to
read your side of the story.
We appreciate your prompt response in this matter.
Angela Hoy
Publisher
WritersWeekly.com
~~~~~~~~~~~
ALLEGATION
~~~~~~~~~~~
KM wrote:
Hello,
Following the advice of Writer's Weekly, I am contacting you about a
"deadbeat editor", Susan Gibson of Trail Blazer magazine. The editor
owes me over $700 for articles published under contract in 2008. She
has ignored my repeated requests for payment (which was due 30 days from
acceptance), as well as the efforts of a collection agency and her local
Better Business Bureau.
Thank you,
KM
~~~~~
Subject: Fw: Collections
Date: Sat, 17 Oct 2009 15:09:34 -0700 (PDT)
From: KM
Hi Angela,
Thank you for considering my case!
I started writing for Trail Blazer a few years ago (in response to an ad
on WritersWeekly, coincidentally enough!). The relationship fell
apart after I wrote three articles for them in 2008, all on short
notice. Since I'd been working with them for a few years without
incident, I wasn't alarmed at first to not receive payment.
Unfortunately, after many emails and phone calls of empty promises, the
editor, Susan Gibson, has stopped communicating. I was not paid for any
of the articles submitted and accepted in 2008.
I issued a "warning letter" in February, which elicited
a brief response and promise to pay in April. Unfortunately, nothing
came from those communications. I also asked the Arizona Better
Business Bureau to investigate, however none of their inquiries with
Trail Blazer on my behalf were answered. Trail Blazer also did not
respond to efforts by a collections agency.
Copies of the 2008 contract and story assignments are attached.
The contact information is:
Susan Gibson
publisher@trailblazermagazine.us
Thank you for your ongoing support for writers!
KM
~~~~~
PUBLISHER RESPONDS
Subject: Re: Contact from TrailBlazerMagazine.com
Date: Tue, 20 Oct 2009 11:13:23 -0700
From: Publisher-trailBLAZER Magazine <publisher@trailblazermagazine.us>
(KM) was paid in full in April, 2009 thru Wells Fargo
Bill pay services.
~~~~~
WRITER RESPONDS
-------- Original Message --------
Subject: Re: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Tue, 20 Oct 2009 11:34:38 -0700 (PDT)
From: KM
To: Angela Hoy
Hi Angela,
I have not received payment in any form.
Please see the email strings below between myself and Susan for more information, detailing the last few months worth of correspondence and her promises to pay in May and June.
Thanks,
KM
~~~~
EMAILS FORWARDED TO WRITERSWEEKLY BY KM INCLUDED:
An email sent to KM by Susan at TrailBlazer on June 2, 2009, offering to send a payment out the following week for $500, with the "balance to follow soon."
This means the email promising payment was sent out more than a month after the time the publisher claimed to WritersWeekly that the writer had been paid.
~~~~~
WRITERSWEEKLY RESPONDS
On 10/20/09 12:35 PM, "Angela Hoy" wrote:
The writer is claiming you never paid her. See emails below. Please
provide proof of payment.
Angela Hoy
WritersWeekly.com
~~~~~
"TOMAS SCHMITT" RESPONDS
On October 20, 2009, someone claiming to be "Tomas Schmitt" emailed WritersWeekly. He said our email was handed over to his office for review. He says he's not familiar with our service and asks if we are a legal arbitration firm. He says he is trying to understand our legal standing so he can address the issue. He then asks for documentation of our regulations for our message boards and alerts regarding the law protecting the privacy of personal emails, our policy on researching and verifying facts before posting, and documentation of our insurance.
The name was signed: Tomas Schmitt
~~~~~
WRITERSWEEKLY RESPONDS
Subject: Re: Contact from TrailBlazerMagazine.com
Date: Wed, 21 Oct 2009 12:36:33 -0400
From: Angela Hoy
To: Tomas Schmitt <tomas.schmitt6@gmail.com>, KM,
publisher@trailblazermagazine.us
Hi Tomas,
I am a journalist. Who are you?
Angela Hoy
WritersWeekly.com
~~~~~
"TOMAS SCHMITT" RESPONDS ON OCTOBER 21ST
In his email, he's claiming he handles the "legal and financial matters" for Trail Blazer Magazine and that he'll be handling the responses to our request. He says since we have asked for business correspondence that is not part of the public domain, he has an obligation to his client to request documentation "listed below." He then talks about laws that affect how websites conduct their business. He goes on to give examples.
He says there are legal guidelines for companies who are legal arbitrators and says they need to understand our legal standing. He again requests documentation about how content is posted to our site.
The name was signed: Tomas Schmitt
~~~~~
WRITERSWEEKLY RESPONDS TO SCHMITT AND HE THEN ACCUSES WRITERSWEEKLY OF BEING BIASED. HE STATES HE PREFERS TO WORK DIRECTLY WITH THE WRITER.
~~~~~
WRITER RESPONDS
-------- Original Message --------
Subject: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Thu, 22 Oct 2009 08:46:12 -0700 (PDT)
From: KM
To:
tomas.schmitt6@gmail.com
Hello Tomas,
I am interested in working with you to resolve this matter swiftly.
When can I expect payment for these articles?
Thank you,
KM
~~~~~
"T. SCHMITT" RESPONDED DIRECTLY TO THE WRITER VIA EMAIL ON OCT 23RD, telling her he agreed to work to get it resolved and claimed Trail Blazer is one of his 65 clients. He said accounting at the magazine was sending him their records for May through July to find the documentation of payment they said they issued. He says he'll fit that into his schedule when it arrives, get a copy of the transaction from the bank, determine it was not cashed, as the writer said, cancel payment so the money will be returned to the bank, and have the payment reissued.
He says in his work 25% of the investigations prove the check was received and cashed. He says he's not hired to assume, he's hired to document.
He says he represents Trail Blazer, not the writer, and that his first commitment is to make sure everything is researched and handled with documentation. He says he'll try to get it resolved but that it is not helpful with the language from "Ms. Hoy" and the writer. He says it's clear to him that Ms. Hoy serves no value in the process so he won't be responding to any correspondence from her.
He says he's being paid to handle it and that he will. He then says he's leaving town for the weekend but that he'll be in touch when he completes the job he's been hired to do.
He then says his emails to her are private and that it is illegal to pass it into the public domain. He says if he sees that she has "breeched" his trust, he will cease to communicate with her through email.
The name was signed: T. Schmitt
~~~~
WRITER RESPONDS 6 DAYS LATER AND THE WRITER CONTINUES TO OPENLY "CC" WRITERSWEEKLY ON HER EMAILS.
-------- Original Message --------
Subject: Re: Fwd: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Thu, 29 Oct 2009 08:39:46 -0700 (PDT)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Angela Hoy
Hi Tomas,
Any update?
KM
~~~~~
"T. SCHMITT" RESPONDED DIRECTLY TO THE WRITER VIA EMAIL ON NOV 1ST.
He said payment was ordered by Trail Blazer in July, 2009. He attached a copy of that payment through "Bill Pay." He says he ordered an inquiry through Wells Fargo Bank to verify the payment was not deposited or cashed. He says it will take 5-7 days for them to respond. He says they'll then be able to cancel payment if the check was not cashed or deposited and that he would recommend a replacement check be issued. He says he'll let her know when he has the final piece of documentation.
The name was signed: T. Schmitt
~~~~~
THE WRITER RESPONDED that she looked forwarded to hearing from him later in the week.
~~~~~
THE WRITER EMAILED four days later asking if there's any news.
~~~~~
THREE DAYS LATER, T. SCHMITT EMAILS THE WRITER...BUT SIGNS HIS NAME "T. SCHMIDD"
He says he got a response from Wells Fargo and they are showing that the check was cashed on July 26th. He says he's asked for a digital copy of the check to see the signer's signature as well as what bank cashed it. He says if she says it's not her, they will need to verify who did cash the check issued in her name.
The name was signed: T. Schmidd
~~~~~
WRITER RESPONDS
Subject: Re: Fwd: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Mon, 9 Nov 2009 11:36:18 -0800 (PST)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Angela Hoy
Tomas,
I'm intrigued by this, as I've not received or deposited a check of this
nature.
KM
~~~~~
WRITER RESPONDS AGAIN
Subject: Fw: Fwd: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Tue, 10 Nov 2009 10:35:02 -0800 (PST)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Angela Hoy
Tomas,
I am anxious to get this matter resolved and receive payment for the
articles. Any news tracking the payment?
I must admit, this is starting to feel like yet another delay tactic by
Trail Blazer. I hope that is not the case.
KM
~~~~~
T. SCHMITT RESPONDS ON NOVEMBER 12TH
He emailed KM saying he's waiting for the bank to send a copy of the back of the check. He then says he'll trace the check to see if it was cashed or deposited, and the signature. He repeats that 25% of the cases he works on end up showing that the check was received and cashed. He says he doesn't assume she did or she didn't. He repeats that it's his job to get the documentation, etc.
He then asks her for proof that she did not receive and desposit/cash the check. He says that will replace his having to get the info. from the bank.
The name was signed: T. Schmitt
~~~~~
WRITER RESPONDS
-------- Original Message --------
Subject: Re: Fw: Fwd: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Thu, 12 Nov 2009 11:22:21 -0800 (PST)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Angela Hoy
Tomas,
I work with many banks and am surprised that Wells Fargo takes so long
to provide you with this type of information.
What verification would be appropriate from my end to prove that I did
not receive the check?
KM
~~~~~
WRITER RESPONDS AGAIN THE NEXT DAY
-------- Original Message --------
Subject: Fw: Fw: Fwd: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Fri, 13 Nov 2009 09:32:32 -0800 (PST)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Angela Hoy
Tomas,
Any news?
KM
~~~~~
T. SCHMITT RESPONDS ON NOV. 13TH BUT ONCE AGAIN SPELLS HIS NAME AS "T. SCHMIDD"
The fax number he provided to her (928-441-4550 begin_of_the_skype_highlighting 928-441-4550 end_of_the_skype_highlighting) isn't registered to any legal or accounting services. It's a number that's listed online as another phone number for Trail Blazer Magazine.
He said her experience with banks has no bearing on how "our bank" handles its business. He says he's done everything in an orderly fashion to protect everyone involved.
He says he has no reason to believe she did or didn't cash the check. He says he's been deceived by seemingly sincere people. He said Trail Blazer mailed the check "last summer" and believed it was cashed by her. He said a Billpay check was cashed at a Wells Fargo in Petaluma, CA; that it wasn't deposited into someone's account.
He then asks the writer to fax a copy of her signature (see note above about the fax number provided) so he can compare the signature on the back of the bank check. He says if the two do not match, Trail Blazer would issue a replacement check and that they would pursue the fraud matter through law enforcement. He then asks for her mailing address and says the payment will go out with return signature required.
The name was signed: T. Schmidd
~~~~~
NOTE: THE WRITER HAS BEEN COPYING WRITERSWEEKLY ON ALL CORRESPONDENCE AND INCLUDING THE VISIBLE "CC" IN HER EMAILS TO T. SCHMITT / SCHMIDD. WRITERSWEEKLY FELT WE HAD TO STEP IN AT THIS POINT IN TIME AND ADVISE THE WRITER TO NOT SEND HER SIGNATURE TO ANYONE. IF SHE WERE DISHONEST, SHE COULD SIMPLY SIGN HER NAME WITH HER LEFT HAND TO MAKE THE SIGNATURES NOT MATCH ANYWAY. IF THEY WERE DISHONEST, THEY COULD SIMPLY COPY HER REAL SIGNATURE ONTO THE BACK OF ANY CHECK. ASKING FOR A SIGNATURE FROM HER JUST DIDN'T MAKE ANY SENSE AT ALL FOR A
MULTITUDE OF REASONS. LIKEWISE, IF A WRITER HAD ASKED FOR A SAMPLE OF A PUBLISHER'S SIGNATURE, WE WOULD RECOMMEND THEY NOT PROVIDE IT.
THE WRITER DID NOT COMPLY WITH HIS REQUEST.
~~~~~
WRITER RESPONDS
Tomas,
I can assure you I have not visited a Wells Fargo Bank in Petaluma.
Bank procedure typically requires a teller to request ID from someone when they cash a check. Did the bank record a driver's license number with the check cashing? That would be a much easier way to confirm that I did not cash the check.
KM
~~~~~
WRITER RESPONDS AGAIN, THREE DAYS LATER
-------- Original Message --------
Subject: Fw: Fw: Fwd: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Tue, 17 Nov 2009 12:25:29 -0800 (PST)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Angela Hoy, Susan Gibson
<publisher@trailblazermagazine.us>
Tomas,
Has any progress been made by Trail Blazer on issuing a replacement check?
KM
~~~~~
WRITER RESPONDS AGAIN. IT'S BEEN 5 DAYS SINCE LAST CONTACT FROM T. Schmitt / T. Schmidd
-------- Original Message --------
Subject: Fw: Fw: Fwd: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Wed, 18 Nov 2009 11:19:35 -0800 (PST)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Angela Hoy, Susan Gibson
<publisher@trailblazermagazine.us>
Tomas,
Any news?
KM
~~~~~
WRITER RESPONDS AGAIN - 7 DAYS SINCE LAST CONTACT FROM T. Schmitt / T. Schmidd
-------- Original Message --------
Subject: Fw: Fw: Fwd: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Fri, 20 Nov 2009 08:36:42 -0800 (PST)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Angela Hoy, Susan Gibson
<publisher@trailblazermagazine.us>
Tomas,
Any news on the replacement check?
KM
~~~~~
WRITER RESPONDS AGAIN - 10 DAYS SINCE LAST CONTACT FROM T. Schmitt / T. Schmidd
-------- Original Message --------
Subject: Fw: Fw: Fwd: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Mon, 23 Nov 2009 11:06:24 -0800 (PST)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Angela Hoy, Susan Gibson
<publisher@trailblazermagazine.us>
Tomas,
I have not heard from you in over a week, despite multiple emails.
To reiterate, I have never cashed a Trail Blazer check in Petaluma and
I'm sure you know this by now, too. It is not my problem, nor my fault,
that Trail Blazer (allegedly) had a check stolen and cashed. I expect
full payment of the funds due to me within 10 business days or I will be
forced to not only fully publicize this ridiculous debacle, but to also
pursue this legally.
KM
(the writer included her address)
~~~~~
ON NOVEMBER 23RD, KM received what appeared to be an automated "out of office" vacation notice from "Tomas" stating he would be out of the country on vacation from November 15th - 29th and that he didn't have access to email.
~~~~~
WRITER EMAILS AGAIN ON DECEMBER 1ST
-------- Original Message --------
Subject: Fw: Fw: Fwd: Fw: [Fwd: Re: Contact from TrailBlazerMagazine.com]
Date: Tue, 1 Dec 2009 09:09:45 -0800 (PST)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Susan Gibson <publisher@trailblazermagazine.us>, Angela Hoy
Tomas,
I trust you have returned to your office after the holiday. Since I
have not heard from you or Susan with further information, I assume
payment in full will be issued as requested below.
KM
~~~~~
"T. SCHMIDD" RESPONDED on December 1st, saying he's instructed "the office" to issue a check for the full amount during the next payment cycle and that it's been approved to be mailed on December 15th. He says a signature will be required and that "this case will be finished."
The name was signed: T. Schmidd
~~~~~
WRITER WRITES AGAIN, 18 DAYS LATER
-------- Original Message --------
Subject: Re: Fw: Fw: Fwd: Fw: [Fwd: Re: Contact from
TrailBlazerMagazine.com]
Date: Fri, 18 Dec 2009 10:31:24 -0800 (PST)
From: KM
To: Tomas Schmitt <tomas.schmitt6@gmail.com>
CC: Angela Hoy, Susan Gibson
<publisher@trailblazermagazine.us>
Tomas,
Did the check get mailed on 12/15? If so, when is it scheduled to arrive?
KM
~~~~~
THE WRITER EMAILED TOMAS SCHMITT / SCHMIDD AGAIN ON DECEMBER 21ST
~~~~~
WRITER CONTACTS PUBLISHER
-------- Original Message --------
Subject: Fw: Out of Office Re: Fw: Fw: Fw: Fwd: Fw: [Fwd: Re: Contact
from TrailBlazerMagazine.com]
Date: Mon, 21 Dec 2009 17:56:19 -0800 (PST)
From: KM
To: Angela Hoy
CC: Tomas Schmitt <tomas.schmitt6@gmail.com>, Susan Gibson
<publisher@trailblazermagazine.us>
Susan,
This is absolutely unnaccepable. Tomas was supposed to send a check for
the full payment last week and nothing has arrived.
I assume your office will issue payment immediately.
KM
~~~~~
AS OF TODAY, JANUARY 13, 2010, THE WRITER HAS STILL NOT BEEN PAID AND SHE NEVER HEARD FROM T. SCHMITT / SCHMIDD AGAIN. SHE ALSO DID NOT HEAR BACK FROM TRAIL BLAZER OR ITS PUBLISHER, SUSAN GIBSON.
WRITERSWEEKLY HAS SINCE RECEIVED ANOTHER COMPLAINT ABOUT TRAIL BLAZER. See below.
If you'd like to comment on situation, please email: angela@writersweekly.com
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