COMPLAINTS ABOUT Damon Gibson Texas Coastal Enthusiast Magazine / TxEnthusiast.com / Enthusiast Guest Book

-------- Original Message --------
Subject: COMPLAINT about Damon Gibson / Texas Coastal Enthusiast Magazine / TxEnthusiast.com / Enthusiast Guest Book
Date: Tue, 30 Sep 2008 16:52:21 -0400
To: publisher@txenthusiast.com

September 30, 2008

Damon Gibson, Publisher
Publisher, Editor-in-Chief and CEO
Texas Coastal Enthusiast Magazine - TxEnthusiast.com
Enthusiast Guest Book
P.O. Box 6822
Corpus Christi, TX 78466
P(361)814-1489
F(208)723-9385

WritersWeekly.com has received a complaint about:
Damon Gibson / Texas Coastal Enthusiast Magazine / TxEnthusiast.com /
Enthusiast Guest Book

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
-------------

CY (name not published here but was, of course, provided to the publisher)
alleges you owe her $857.73. 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
~~~~~~~~~~~

-------- Original Message --------
Subject: Fwd: [CY] New statement 00460
Date: Fri, 26 Sep 2008 16:12:19 -0500
From: CY

Angela,

This is a dispute I have with:

Texas Coastal Enthusiast Magazine
Publisher, Editor-in-Chief and CEO

The nightmare with this guy is long and endless. I'm owed $857.73. You
can read the diatribe, and I can provide added emails.

Let me know your thoughts!

CY

---------- Forwarded message ----------
From: *Damon Gibson* <publisher@txenthusiast.com
<mailto:publisher@txenthusiast.com>>
Date: Fri, Sep 26, 2008 at 2:22 PM
Subject: RE: [CY] New statement 00460
To: CY

You need to call an attorney -- a real one, not the one that resides only
in your imagination.

I have ample evidence to substantiate our contract.

I assigned the work to you, which was the only reason you pursued the
stories I assigned. That means I own the copyright, which does not
legally exist until something is published anyway -- and two of your
stories, altered by me the editor, have been published so I thus own the
copyright.

In addition, your original versions have and never will be published, as
they were not usable in their provided forms, so sure, I guess you could
publish your versions, but they are not the finished, copyrighted
versions that I have published. Photos and titles are also copyrighted
material, which I guess you assume to own as well.

In fact, since you are attempting to alter your contract with me, you
need to send a revised bill with the Doc's story removed -- I did not use
it, and by your logic cannot copyright it, so I should not be billed for
it. Actually, *I will need a hardcopy of the bill in order to process
any kind of payment -- the electronic version you sent was not enough.*
The address is:

Texas Coastal Enthusiast
P.O. Box 6822
Corpus Christi, TX 78466

You need to consult the law on mail fraud before you send an
unsubstantiated, disputed invoice to me or anyone else through the USPS.
It's Federal law and it's taken seriously. There, I just did you a favor.

[CY], you really have absolutely no idea what you're talking about,
and you definitely have zero experience dealing with copyright law, or
enforcing contracts, or any of it. For once, you may be biting off more
than you can chew.

I did this work for Metromedia and Publicis, which I am sure are alien
to you, but they are multi-billion dollar media enterprises. They paid
me to handle issues like this. And yes, I happen to be the son of a law
professor of 43 years, so this kind of thing has always been in my blood.

Like I said -- reply with a reasonably adjusted invoice or sue me.

Those appear to be your options.

By the way, copyright attorneys start at about $350 per billable hour,
there are none in this area so you get to pay travel, and copyright
enforcement expert witnesses go for about $2,500 per day plus expenses.
Even if you were completely insane and wanted to spend $10,000 to sue me
for $800, which I am sure you are the kind of person to do, you'll have
a hard time finding qualified legal professionals who would take your
case -- its' called "chicken ####" in the legal world.

You will need those people to make your case legally.

Or you can start acting like a big girl, and send me a fairly adjusted
invoice. You don't even have to admit to yourself that you lied about
the charity listings (still waiting for that one), or that writing at
our level is not in your past or in your future.

I'm sure it's a route you will not take -- your ego is way, way too big.

Anywhooo...in America we have one accepted method of settling disputes
like this, so again, call your attorney.

Maybe he can straighten out your thinking.

--------------------
Damon Gibson, Publisher
Texas Coastal Enthusiast Magazine & Enthusiast Guest Book
(361) 814-1489 | Fax (208) 723-9385 | TxEnthusiast.com

~~~~~

*From:* [CY]
*Sent:* Friday, September 26, 2008 6:28 AM
*To:* Damon Gibson
*Subject:* Re: [CY] New statement 00460

Damon,
As an independent contractor, with no work-for-hire contract, I retain
the copyright to my works in their entirety, and I do not grant or
assign you the rights to use my work in any form or fashion, including
research. I will not sign a copyright release; any publication of my
work (or any derivations thereof) will constitute copyright violation.
It is clear from your note that you have no intention to pay as agreed
constituting bad faith and intentional fraud.

[CY]

~~~~~

On Thu, Sep 25, 2008 at 11:29 PM, Damon Gibson
publisher@txenthusiast.com wrote:

Take me to court and I will show the judge what you sent to me. If he's
not illiterate, he'll understand my need to correct your slop. I will be
happy to show the court the published version of your two stories,
compared to what you sent me.

It's a simple consumer value: you provided defective work that required
hours of my time to fix. I want a discount. Period.

That's the negotiation.

And too bad you don't put as much effort into your assigned, contract
work as you do into justifying your incompetence.

As insulting as you are to me personally, I'm yet to see a single piece
of writing you've ever done on anyone important, or anyone who is known
outside Padre Island. Presidents read my magazine, honey, because I
write well about people they know and respect.

You are part and parcel of the unaccomplished wanna-be crowd.

And yes, money is not the issue. I wrote checks today for many times
your bill, but it obviously makes you feel better about yourself (which
in one look I can understanding your desperate need for) by positioning
yourself as of a higher grade than you are. Important people do not
question or insult the financial position of others, in case you've
never known any.

By the way, hop on the web browser and find the term "tortuous
interference" -- that's what you'll be committing if you decide to spread
your complaint in a way that interferes with my business. And yes, my
lawyer is much, much bigger than yours. Your threat meets every legal
standard, and I do not play games with hacks like you. (Yes, "hack" is
the perfect description)

[CY], you did crappy work. Quit lying to yourself. [CY] look at me!
You lied about the charity listings, which you never did, or they would
be on the bill as well, right?

Funny how you've ignored my two challenges today to send the listings --
again, oh right!! Maybe you can stay up all night working on it, just to
prove me wrong -- I know you're thinking about it. But then that would
expose what a horrible job you would have done it, so you'd be right
back where you started.

*So don't admit that YOU ARE A LIAR!! Just know that I know and I've
called you on it three times and you have no answer except your original
lie.*

This is not a fight you want. Because you're dead wrong and if you
possessed a shred of honesty you'd admit it to yourself. I'm sure it's
this and much more with you.

(Oh and keep editing my "first drafts" -- notice how I don't use
ampersands instead of 'and' -- and your name is spelled correctly --
better than you do on paid work. Wow.)

--------------------
Damon Gibson, Publisher
Texas Coastal Enthusiast Magazine & Enthusiast Guest Book
(361) 814-1489 | Fax (208) 723-9385 | TxEnthusiast.com

~~~~~

*From:* [CY]
*Sent:* Thursday, September 25, 2008 2:00 PM

*To:* Damon Gibson
*Subject:* Re: [CY] New statement 00460

Damon,

I'm not going to be bullied into discounting anything for you - and this
isn't a negotiation. If you can't pay it then just be honest. I see
shabby offices, syndicated articles and your constant, endless bragging
of what you spend, what you charge, who you know and how superb you are,
but only reluctance when you have to write an overdue check - what
gives? Since you've seen fit to call me unqualified, a self-righteous
hack and the most condescending person ever encountered - please trust
me when I say that it is not condescension that compels me to tell you
that you're a pompous, bourgeois poseur - it's only keen observation,
coupled with unrestrained verbosity.

There is no state of "in dispute" - there's either paid in full, or
collections, followed by small claims court. I'm not a dazzled intern,
desperate to be published and willing to put up with ridiculously
narcissistic behavior. Nor am I intimidated by you. We can go toe-to-toe
while I broadcast our repartee to my friends - who may very well be
advertisers, don't forget - or you can pay me, if you can. Again, if you
can't then let me know and I'll work something out for you. If you want
the charity edits _again_ I'll be happy to add that to the invoice.

[CY]

P.S. "like what your accustomed to" should be like what you're
accustomed to. It's a contraction for "you" and "are". You certainly
can't expect that I would pay $100 per hour for that caliber of editing
acumen.

~~~~~

On Thu, Sep 25, 2008 at 1:19 PM, Damon Gibson
<publisher@txenthusiast.com <mailto:publisher@txenthusiast.com>> wrote:

You have to be the most condescending person I have ever encountered.

Who the hell do you think pays for my magazine? I somehow manage $40k a
month in expenses. I guess you think my ad rate is $200 a page, like
what your accustomed to.

Your work was insufficient. It took me three hours to fix it. Reply with
an adjusted invoice, or we'll just call it "in dispute."

Didn't see the charity listings. Was that a lie [CY]?

--------------------
Damon Gibson, Publisher
Texas Coastal Enthusiast Magazine & Enthusiast Guest Book
(361) 814-1489 | Fax (208) 723-9385 | TxEnthusiast.com

~~~~~

*From:* [CY]
*Sent:* Thursday, September 25, 2008 1:02 PM
*To:* Damon Gibson
*Subject:* Re: [CY] New statement 00460

Damon,
I absolutely do not accept any deductions to my invoice for your time.
If you don't have the money just say so and we'll work out some payment
terms.

I've attached the receipt you requested. You'll remember that I asked
you if you required one before and you said no - yet another
contradiction. Again, if you can't afford reimbursement then let me know
and we'll negotiate a payment plan.

[CY]

~~~~~

On Thu, Sep 25, 2008 at 12:41 PM, Damon Gibson
<publisher@txenthusiast.com <mailto:publisher@txenthusiast.com>> wrote:

In addition to deducting for my editing time for your stories, at my
$100 per hour rate, I will not be paying $50 for lunch. If you'd like to
send a receipt I will reconsider. I don't know where to get a $50 lunch
in Corpus Christi.

Also, I received your invoice today, 9/25/08, although it is dated 8/31.
Payment terms are Net 30 from date of receipt.

I'm sure these are just more examples of your many oversights and
errors. SOP for doing business with you I guess.

Damon Gibson, Publisher
Texas Coastal Enthusiast Magazine & Enthusiast Guest Book
(361) 814-1489 | Fax (208) 723-9385 | TxEnthusiast.com

-----Original Message-----
From: [CY]
Sent: Thursday, September 25, 2008 11:36 AM
To: publisher@txenthusiast.com <mailto:publisher@txenthusiast.com>
Subject: [CY] New statement 00460

To access your invoice from [CY] for $857.73, go to:
(URL removed by WritersWeekly)

Best regards,
[CY]
--

~~~~~

[b]PUBLISHER RESPONDS

-------- Original Message --------
Subject: Re: COMPLAINT about Damon Gibson / Texas Coastal Enthusiast
Magazine
Date: Thu, 02 Oct 2008 00:50:05 -0400
From: <publisher@txenthusiast.com>
Reply-To: publisher@txenthusiast.com

Having employed writers and having been a professional writer for many
years, [CY] has proven to be the least responsible and least
professional person I have met portraying a writer.

My email, which she has attached to her complaint, clearly though
strongly states my position with regard to her claim.

1. [CY] failed to complete the assignments to which she committed, and
actually LIED REPEATEDLY to me about emailing a story that she did not
complete.
2. The work she did submit was of a high school level at best, and
required over three hours of re-writing and editing to render it
suitable for publication.
3. All of her work was late.
4. Having voiced my complaints, she has steadfastly refused to accept
any responsibility for her poor work, and has admitted not a single
error or shortcoming in her work.
5. While we pay the highest freelance writing rate in our market, we
require professional work -- I have asked for a "reasonably adjusted
invoice" for [CY]'s defective work, and she has refused.
6. I have a requested a hard copy invoice for her work, which she has
also refused to send.
7. Based on her apparent void of knowledge regarding copyright law,
[CY] attempted to alter our agreement in retribution for my complaint
and demand for credit.

I notice that while [CY] was quick to attach my email to her
complaint, she neglected to include her remarkably insulting and
unprofessional email to me -- this seems in character for her,
considering the troubling level of dishonesty and deceit with which she
has conducted herself with me.

Our publication has earned a reputation as one of the best produced
local magazines in Texas, if not the United States, and we are in the
process of expanding to other markets. We have earned that reputation in
part by working with professional writers -- [CY] has been
our worst disappointment since starting our magazine.

As I have stated, I will be happy to pay a reasonable fee for the work
in question, but the full, premium rate [CY] has billed us is not
qualified by her work.

-- Damon Gibson, Publisher

WRITERSWEEKLY CONTACTS WRITER

-------- Original Message --------
Subject: [Fwd: Re: COMPLAINT about Damon Gibson / Texas Coastal Enthusiast Magazine]
Date: Fri, 03 Oct 2008 14:59:14 -0400
From: angela at booklocker <angela@booklocker.com>
To: [CY]

Hi (CY),

He did publish your work, right? There was no
lower-fee-if-it-needs-editing stipulation in your agreement, right?

Hugs!
Ang

WRITER RESPONDS

Subject: Re: [Fwd: Re: COMPLAINT about Damon Gibson / Texas Coastal
Enthusiast Magazine]
Date: Fri, 7 Nov 2008 12:26:30 -0600
From: [CY]

Angela,
Confirmed today that it was published. There was no lower fee
stipulation either. In fact, we had no formal contract. It's worth
noting that I didn't charge him a kill fee for the balance of the
assignments he gave me at our initial meeting, but then said he would do
them after repeated email requests for details. His reason? He was
disorganized that month arranging financing for his expansion. And, this
was before I sent him any work, so he can't claim that it was because he
hated what I sent.

He owes me $857.73 for my published work.

Thanks,
[CY]

PUBLISHER RESPONDS

-------- Original Message --------
Subject: RE: [Fwd: Re: [Fwd: Re: COMPLAINT about Damon Gibson / Texas Coastal Enthusiast Magazine]]
Date: Sun, 9 Nov 2008 15:24:51 -0600
From: Damon Gibson <publisher@txenthusiast.com>
Organization: Texas Coastal Enthusiast
To: 'angela at booklocker', [CY]

Ms. Hoy:

I suppose most non-biased, intermediary parties sign their email to
conflicting parties with "Hugs!"

Your organization is obviously a sham, and I feel stooped into responding to
this inquiry in a serious manner.

As I advised [CY], I am dissatisfied with the poor quality of her
work, and will be happy to pay a fairly adjusted invoice. Other than that,
she can go through legal, legitimate means of making her claim.

Hugs! - Damon

--------------------
Damon Gibson, Publisher
Texas Enthusiast Magazine & Enthusiast Guest Book
(361) 814-1489 | Fax (208) 723-9385 | TxEnthusiast.com

~~~~~

READERS, WHAT DO YOU THINK? DOES THIS PUBLISHER OWE THE WRITER THE FULL AMOUNT? Send your comments to: angela@writersweekly.com

READER COMMENTS:

Subject: In re: Damon Gibson
Date: Wed, 12 Nov 2008 15:01:46 -0500 (EST)

Dear Ms. Hoy:

Having read for several years with a strange fascination your column Whispers & Warnings . . . which without any doubt is among the very top and most effective writers' advocate columns in existence . . . I am struck by how often unethical publishers behave as though they were the first in all creation to be confronted with their unethical behavior.

Damon Gibson of Texas Coastal Enthusiast appears to try dozens of the ploys characteristic of a deadbeat doing anything and everything except fulfilling a writer's contract. A legitimate and ethical publisher with right on their side would have sent a "just the facts, ma'am," explanation of the situation along with all relevant documentation.

Mr. Gibson did no such thing. His fatuous histrionics are a joke. He should realize that this is not about intimidating the writer, but rather, about demonstrating to the international freelance community reached by WritersWeekly and/or Google searches that he can be trusted to treat freelancers fairly. He has failed in that, utterly and completely and in the process made himself look petty, pathetic and ridiculous. For being a Texas Coastal Enthusiast he is as mucked up as a cormorant in an oil slick.

Sincerely,

Scott Rose

~~~~~

-------- Original Message --------
Subject: wow. what a problem
Date: Wed, 12 Nov 2008 14:38:53 -0500
From: CA

Dear Angela,

The argument between Damon Gibson and CY is a tough one. DG sounds like
a bully and just because his father is a lawyer, doesn't make him one.
I'm not a lawyer, but I do believe he's wrong about the accusation of
tortuous interference. I am involved in a civil suit based on tortuous
interference right now (it has nothing to do with writing or editing)
and these words actually mean interfering with a contract. CY telling
her story to other people might be something that he/she could be sued
about, but where's the contract that's being interfered with?

On the other hand...from an editor's point of view...when my
organization uses articles from freelancers, we own the edited version.
We own the copyright. We have our authors sign a statement acknowledging
this. The author is welcome to use his/her original in any way he/she
wants to--he/she owns that copyright...but the edited version is a
changed version and (much too often) doesn't resemble the original. On
the other hand, I've never heard of an editor charging for the time
spent editing.. Either you want the article and it's worth your time to
edit or you don't want the article and you reject it.

DG's name-calling doesn't lend him a lot of sympathy (hack?). DG should
have just rejected the article with a "sorry, this isn't up to our
standards" note. And on the other other hand, if DG printed the article,
he owes her what he said he would pay. From my own little ivory tower,
I'd suggest CY get several expert opinions (not friends or
family) on his/her talents before CY submits anything to anyone else.

Just my opinion...

CA

~~~~~

Poopers Scoops has given this publisher the Turd of the Month Award. See:

http://poopersscoops.typepad.com/pooper ... es-to.html

~~~~~

-------- Original Message --------
Subject: re: Texas Coastal Enthisiast Magazine
Date: Wed, 12 Nov 2008 11:16:44 -0800

Hi Ang,

This is the (expensive) price of doing work for hire without a
contract. Sad to say, while CY may be entirely correct in her
assessment of the publisher and of her own work, she didn't "get it
in writing." If I were CY I'd take the lower fee and get on with my
life, seeing the incident as an educational expense.

Warm regards,
Carol L. Skolnick
http://www.clearlifesolutions.com

~~~~~

-------- Original Message --------
Subject: wow. what a problem
Date: Wed, 12 Nov 2008 14:38:53 -0500

Dear Angela,

The argument between Damon Gibson and CY is a tough one. DG sounds like
a bully and just because his father is a lawyer, doesn't make him one.
I'm not a lawyer, but I do believe he's wrong about the accusation of
tortuous interference. I am involved in a civil suit based on tortuous
interference right now (it has nothing to do with writing or editing)
and these words actually mean interfering with a contract. CY telling
her story to other people might be something that he/she could be sued
about, but where's the contract that's being interfered with?

On the other hand...from an editor's point of view...when my
organization uses articles from freelancers, we own the edited version.
We own the copyright. We have our authors sign a statement acknowledging
this. The author is welcome to use his/her original in any way he/she
wants to--he/she owns that copyright...but the edited version is a
changed version and (much too often) doesn't resemble the original. On
the other hand, I've never heard of an editor charging for the time
spent editing.. Either you want the article and it's worth your time to
edit or you don't want the article and you reject it.

DG's name-calling doesn't lend him a lot of sympathy (hack?). DG should
have just rejected the article with a "sorry, this isn't up to our
standards" note. And on the other other hand, if DG printed the article,
he owes her what he said he would pay. From my own little ivory tower,
I'd suggest CY should get several expert opinions (not friends or
family) on his/her talents before CY submits anything to anyone else.

Just my opinion...

C-

~~~~~

Subject: DG
Date: Fri, 14 Nov 2008 08:52:21 -0500

Angela,

DG is a jerk. However, CY shot herself in the foot by taking on
assignments without a contract. Yes, there was no "lower the fee if I
have to edit" stipulation; but without a contract, who cares?

Jerk notwithstanding, she should have taken a little more care on the
business end of the whole deal.

Professional Hugs,
Caroline

Regarding: Damon Gibson / Texas Coastal Enthusiast Magazine / TxEnthusiast.com /
Enthusiast Guest Book

IT LOOKS LIKE THIS PUB HAS CHANGED THEIR NAME TO TEXAS ENTHUSIAST.

I wonder why???

READER COMMENTS:


Having just consulted my lawyer on another topic that is similar, a verbal contract is still a legal contract. CY has a fee-for-service contract. CY upholded her/his end of the contract, therefore is due remuneration. As far as copyright issues are concerned. As soon as CY puts pen to paper or keystrokes on a Word page, her thoughts are immediately copyrighted. You can't copyright an idea but as soon as that idea is put into written form, it's copyrighted.

Debbie Elicksen
Canada's Publishing Expert™
Freelance Communications
http://www.freelancepublishing.net
Supporting Member of Association of Canadian Publishers
New release Nix Your Tics: http://www.freelancepublishing.net/books_e.htm
For self-help with book publishing: http://www.freelancepublishing.net/publ ... oducts.htm

PUBLISHER SENDS VERY UNPROFESSIONAL EMAIL TO WRITER:

The writer sent WritersWeekly.com an email that was apparently sent by Damon Gibson of Texas Coastal Enthusiast to her where he says he's going to sue her...and then tells her to sue him.

He tells her to "walk her big ####" down to the justice of the peace and then says, "Otherwise just shut up and stuff another pig sandwich down your yaw."

OUCH!!!!

http://www.ripoffreport.com/reports/0/4 ... 406095.htm

http://www.ripoffreport.com/reports/0/3 ... 397706.htm

http://www.complaintsboard.com/complain ... 35691.html

SECOND COMPLAINT about Damon Gibson / South Texas Enthusiast Magazine / Texas Coastal Enthusiast Magazine / TxEnthusiast.com / Enthusiast Guest Book

Date: Thu, 05 Mar 2009 22:37:08 -0500
To: publisher@txenthusiast.com, subscription@txenthusiast.com, advertise@txenthusiast.com, work@txenthusiast.com, editor@txenthusiast.com, opinion@txenthusiast.com

March 5, 2009

Damon Gibson, Publisher, Editor-in-Chief and CEO - editor@txenthusiast.com
South Texas Enthusiast Magazine / Texas Enthusiast /
Texas Coastal Enthusiast Magazine - TxEnthusiast.com
Enthusiast Guest Book
P.O. Box 6822
Corpus Christi, TX 78466
P(361)232-1896
P(210)638-0724
P(361)814-1489
F(208)723-9385

WritersWeekly.com has received ANOTHER complaint about
Damon Gibson / South Texas Enthusiast Magazine / Texas Enthusiast /
Texas Coastal Enthusiast Magazine - TxEnthusiast.com
Enthusiast Guest Book

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
-------------

JS (name not published here but was, of course, provided to the publisher) alleges you owe her $1,000, that you lied about the check going out, and that you're now ignoring her correspondence. See 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
~~~~~~~~~~~

-------- Original Message --------
Subject: Fw: From Serving America Piece/TX ENTHUSIAST WHISPERS
AND WARNINGS
Date: Tue, 3 Mar 2009 13:27:48 -0800 (PST)
From: JS

Angela -

Looks like Damon Gibson from Texas Enthusiast is at it again.

I met with him in person in November in San Antonio, and he showed me
many back issues of a beautiful publication. The assignment he gave me
was right up my alley - a 3,000 word piece on "Serving America," a
feature profiling some military medical personnel who have recently come
back from deployments. As a freelance writer for mostly military
publications , I jumped on the assignment. As the wife of an Army
surgeon, this piece personally meant a lot.

After beginning this assignment, I googled Mr. Gibson and was directed
to the Whispers and Warnings section of your website. As a subscriber to
your site for almost 10 years, I know how legitimate your site is and
how professional you are. I wish I'd heeded the warnings - but I was
mid-assignment, and I didn't want to lose out on what seemed like a good
opportunity for a military writer like myself.

As you will see in the contract I will forward you, I was to be paid
$500.00 upon acceptance; then $500.00 upon publication. I turned in the
piece on January 15, per my deadline, and have received no rewrite or
editing direction and no payment.

At one point, the www.txenthusiast.com website was shut down. When I
asked him why, he said, "Oh, it's just a domain issue."

His phone number has changed at least once since I wrote this
piece, and every time I track him down it's a different story - problems
with AT&T, etc.

Last Friday, I called one of the numbers I have for him, and he picked
up. When I asked him about the check, he told me that they had just
changed bank accounts and that he'll send it Priority Mail. I said,
"You know, Damon, every time I speak with you it's a different story -
last time the check signer was out, now you've changed bank accounts."
He said, "Well, there are just a lot of unfortunate things that have
happened." As of today, Wednesday, March 3, I have received nothing.

I will forward you other correspondence, plus a copy of our contract.
I have sent him numerous written correspondence and he
has stopped responding.

JL

----- Forwarded Message ----
*From:* Damon Gibson <publisher@txenthusiast.com>
*To:* [JS]
*Sent:* Monday, February 9, 2009 12:12:22 PM

Sorry [JS] -- Our check signer was out last week -- sending it today.
Thanks! -- Damon 210-638-0724

--------------------

Damon Gibson, Publisher
South Texas Enthusiast Magazine
(361) 814-1489 | Fax (208) 723-9385 | TxEnthusiast.com
<http://txenthusiast.com/>

~~~~~

*From:* [JS]
*Sent:* Monday, February 09, 2009 9:49 AM
*To:* Damon Gibson

Damon -

Just checking in and seeing when the piece will be published. Also, I
haven't received payment. Please remit to:

[JS]

Thanks,

[JS]

------------------------------------------------------------------------

*From:* Damon Gibson <publisher@txenthusiast.com>
*To:* [JS]
*Sent:* Wednesday, January 21, 2009 10:58:53 PM

[JS] -- Yes I'm about half way through it -- just a ton on my desk
right now with constant interruptions -- I'll have it back to you by
tomorrow night -- please prepare and send an invoice when you have a chance.

Thanks! -- Damon 361-232-1896

--------------------

Damon Gibson, Publisher
South Texas Enthusiast Magazine
(361) 814-1489 | Fax (208) 723-9385 | TxEnthusiast.com
<http://txenthusiast.com/>

*From:* [JS]
*Sent:* Wednesday, January 21, 2009 10:25 PM
*To:* Damon Gibson

Damon -

I haven't heard anything after I turned in my article last week. Just
checking in to see if you have any questions or comments.

Thanks,

[JS]

WRITER SENDS AN UPDATE

-------- Original Message --------
Subject: Re: CORRECTED COMPLAINT about Damon Gibson / South Texas
Enthusiast Magazine / Texas Coastal Enthusiast Magazine /
TxEnthusiast.com / Enthusiast Guest Book
Date: Mon, 9 Mar 2009 17:38:46 -0700 (PDT)
From: JL

Angela -

Lo and behold, I got 1/2 my payment in the mail today, for $500.00. I
believe it was sent due to your email.....so I thank you. Stay tuned for
what happens with the balance of the payment still due, for $500.00,
upon publication.

JL

AUTHOR IS STILL OWED MONEY

-------- Original Message --------
AND WARNINGS
Date: Thu, 2 Apr 2009 06:06:17 -0700 (PDT)
From: JS

Angela -

I did receive a payment of $500.00 March 9th after you sent Mr.
Gibson an email. BUT, I have yet to receive the balance of $500.00 owed
upon publication and again, emails are going unanswered.

JS

MORE CORRESPONDENCE AND PUBLISHER RESPONDS (WITH A NOT-SO-NICE LETTER):


-------- Original Message --------
Subject: **NOT RESOLVED**: CORRECTED COMPLAINT about Damon Gibson / South Texas Enthusiast Magazine / Texas Coastal Enthusiast Magazine / TxEnthusiast.com / Enthusiast Guest Book]
Date: Thu, 02 Apr 2009 10:12:01 -0400
To: publisher@txenthusiast.com, subscription@txenthusiast.com, advertise@txenthusiast.com, work@txenthusiast.com, editor@txenthusiast.com, opinion@txenthusiast.com

Attn: Damon Gibson

[JS] alleges you still owe her $500 and that you are now
ignoring her correspondence. Please advise ASAP.

Angela Hoy
WritersWeekly.com

~~~~~

PUBLISHER RESPONDS

-------- Original Message --------
Subject: RE: enthusiast assignment
Date: Thu, 2 Apr 2009 10:01:56 -0500
From: Damon Gibson <publisher@txenthusiast.com>
Organization: Texas Coastal Enthusiast

[JS] – I am not sure why you are pressing forward with what has
become harassment with this [WritersWeekly] complaint. I have attached the
truth about [CY] and her complaint to her good buddy who
runs this scam web site.

Perhaps you’ve heard of the economic slowdown? Maybe that has affected
our clients and thus us, and thus our vendors, although business is
starting to rebound. Thanks for the benefit of the doubt.

What will be beautiful is the pride with which you show copies of the
magazine with your article in it, to friends, family and colleagues –
I’m sure it will make it into your portfolio. Be sure to explain what a
dirtbag I am in the same breath as that with which you exude such pride
in your great work.

Because you are not an unscrupulous hack like [CY], see if she has the
guts to respond to my answer to her bogus complaint – she’s not the kind
of professional company you want to keep.

By the way, I have employed over 40 freelance writers over the past five
years, and yours and hers are the only complaints ever – other than the
ones [CY] made up on this web site. Ask her who “Sarah in San Antonio”
is who I supposedly employed and then did not pay.

TO PROVE MY POINT I HAVE ATTACHED ONE OF THE “STORIES” [CY] TURNED IN
TO ME AND FOR WHICH SHE DEMANDED PAYMENT – NOTE THAT AMONG HER MANY
ERRORS AND COMPLETE LACK OF WRITING STYLE, SHE MISPELLS THE SUBJECTS
NAME REPEATEDLY AND ACTUALLY USES AN AMPERSAND IN THE TEXT. AND CHECK
OUT THAT SNAPPY AND INOVATIVE USE OF PUNCTUATION IN THE FIRST GRAPH.
This is the kind of “writer” you’ve become big buddies with.

Lie with dogs and you’re gonna get fleas.

Your final payment from this magazine will be sent to you next week.

READER COMMENTS

-------- Original Message --------
Subject: Re: I sure would like a reader to comment on the latest here...
Date: Thu, 2 Apr 2009 08:50:13 -0700 (GMT-07:00)
From: Scott Rose

Dear Ms. Hoy:

The snide and inappropriate tone of Damon Gibson's response to the latest complaint against him reveals him to be, yes, a "dirtbag."

The recession is no acceptable excuse for any business person not fulfilling their obligations.

Where a publisher, or any other business person, is not able to fulfill their obligations immediately, they must communicate the promptest payment schedule possible for them in business-like terms to those to whom they owe money.

Personal attacks, sarcastic asides and other non-business-like rants make a publisher appear unprofessional.

Mr. Gibson continues to hang himself with the same Texas-sized rope he has been using for that purpose for far too long now. The freelance community in and out of Texas should recognize him for the dusty and ridiculous tumbleweed that he has become.

Sincerely,

Scott Rose

THE WRITER REPORTS ON 4/20/09 THAT SHE STILL HASN'T BEEN PAID THE FINAL $500 OWED TO HER BY DAMON GIBSON.