Non-paying magazine: Blacklisted! 411

[grobson]

A computer techie magazine called Blacklisted! 411 had been out of print for a couple of years. The owners got new funding, and contacted me last December to see if they could reprint one of my essays for their "Comeback" issue. The editor-in-chief, Zachary Blackstone, also wanted to know if I'd like to write for them on a regular basis. With an initial distribution order of 72,000 copies and reasonable pay rates, they sounded pretty serious.

I gave them permission to reprint the essay, and sold them two article ideas. The essay ran in the comeback issue, and my two articles were the cover stories on the next two issues. There are no formal contracts. This was all done by email. The editor refuses to provide me his physical address or telephone number, and has ignored repeated requests to call me on the phone. I have only a PO Box and an email address (blacklisted411@comcast.net).

I've been emailing them for almost five months trying to get paid. They owe me $1,125, and I'm getting everying in line to take legal action now.

Here are some key excerpts from the emails Blackstone has sent me:

--------> Monday, March 8

I didn't realize the discrepancy between our current rates as opposed to the initial rates I told you. Naturally, I'll honor the original rates I quoted you. This makes a difference of $175, making the new total $1125. I apologize for the mix-up.
...
Send over your address one more time and I'll enter you into our payment system.

--------> Thursday, April 8

You should have received or should receive sometime soon two money orders (we pay out with USPS money orders with a maximum of $1000 per money order).

Please get back to me immediately if you don't have your payment by end of day Friday. I'll personally manage this payout and make sure you're taken care of.

--------> Wednesday, April 14

Confirm your mailing address for me. I'll check to make sure the payment has not been cashed and send out another.

--------> Tuesday, May 4

I personally entered you into the payroll system early last month. I thought you were taken care of and that was that.

Sometimes it takes a couple of cycles before a payment is cut to our anyone new added to the system and I'm not quite sure why. Last year I added several people into the system and a couple of them suffered the same problem. I'm really very sorry about this as I should pay more attention to new "recruits" payments. Let me check into this, but I'm fairly certain it's just a matter of the typical delay caused by a first payment cut to a new writer. On the plus side, once we get passed this, there should NEVER be a delay again.

--------> Friday, May 21

Just got back from vacation. Sorry about the delay in communication. When I leave, I really *leave*. :-)

Last I spoke to payroll, they insist a check was cut to you. Let me talk to them tomorrow and I'll get back to you. The situation with payroll is nearly unbearable. I guess it's just another issue to deal with until we've been around long enough.
...
Again, my most sincere apologies for this situation.

--------> Tuesday, June 1

I spoke with payroll three times about your situation and they repeatedly insist the payment was cut to you. They were able to tell me you have not cashed your payment as of Friday, so we have that tidbit, at least. I have a feeling I'm going to have to pick up the slack on this one since you clearly don't have your money. I'm not going to be able to hit the post office personally until Friday, possibly Monday as I have a full workload this week. If you still don't have your payment by then, please let me know and I will handle the problem myself.

--------> Thursday, July 8

(this arrived after a month of no responses)

This is Alex. I'm watching over things while Zach is out of town. Zach is scheduled to return on Monday of next week and he'll address your problem. I'm somewhat aware of the payment issue, but I'm not in a position to offer you any solution, unfortunately. Try to be patient as we're suffering a few glitches with the "system".

--------> Monday, July 19

I'm back in town. I've got you setup for a payout at the end of the month. The original payment was never "cashed" so you were put back in the cycle. Unfortunately, there's no way I can get you paid before the end of the month at which time payroll takes care of it. To pay you before that time, I would have to use personal funds or petty cash to do so, both of which are coming up short to cover your payment.

I'm sorry about the trouble, but you WILL be paid.... late, but paid.

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

I responded to this last one saying that he told me basically the same thing in May and again in June, and I just won't accept these excuses any longer. I followed this up by formally requesting that he send a check by FedEx immediately, and that he call me on the telephone or email me his phone number. I have received no reply.

BEWARE this magazine!!!
_________________
-=- Gary -=-

[grobson]

My apologies -- I just noticed that my signature does not contain my full name, as the board rules require. I am Gary Robson, and my Web site address is www.robson.org/gary/.
_________________
-=- Gary -=-

[Krupp]

Emails can be used in legal proceedings as evidence of contract, so you should win any small claim providing the magazine does not skip town. Inform them of your intentions first in order to see if they cough up.

[grobson]

I sent them an overdue notice informing them that finance charges of 3% per month (retroactive to 1 month after the original invoice) will be added to their bill starting in two weeks. He responded that he understands the terms and will pay before those charges get added, but he just can't pay any faster than that.

Thanks for the response.
_________________
-=- Gary -=-

[Martinscholes]

I do not know how the US Post office works, but in the UK the Royal Mail is obliged to give the full street address to anyone who asks for the address behind a Post Office Box Number.

Could you contact the USPS and ask them if they provide the same service?

[ConnieTucker]

Just for fun, I entered a search on peopledata.com, and if you've got ten bucks, you can get the poop on this Zachary Scott (birth date Sept 1981). If you have a PO box, this would be quite helpful. I've used this to track down skips. Very good resource. Good luck. Here's the link:
http://www.peopledata.com/query1.php?se=MS&ref=MSNtower&first=Zachary&last=Blackstone&state=ALL&submit=Search#FORM

Connie Tucker
_________________
Star Design & Marketing
HCR 61 - Box 568
Stockholm, ME 04783
207.896.3093
http://stardesignonline.com
http://connietucker.teamdoubleclick.com

[BookCoverDesigner]

If you use the zip code, you'll get a phone number to only one family with that surname in that area. His parents perhaps?? If he's that young, he might live at home.

[grobson]

Thanks, Connie, but I doubt that's him. His PO box is in California, and the history of the magazine shows that he was in high school in 1983, so he'd have to have a birthdate somewhere around 1965 to 1969.

I'm just about certain that "Zachary Blackstone" is a pseudonym. I know our local postmaster pretty well. I'll see what I can find out through the Post Office.

Thanks again for the responses, everyone.
_________________
-=- Gary -=-

[ArdRhi]

Boy, is this guy tapdancing.

First, you don't pay a contractor from payroll, you pay them from Accounts Payable.

Second, if you do payouts of AP with Post Office money orders, there's no way to see if the payment has been "cashed" by the recipient -- the funds must be disbursed to the Post Office when the money order is purchased, like a certified check. If this guy had indeed been paying you repeatedly like he said, he would actually have SPENT that money over and over and over, sending multiple sets of money orders that he could not actually track. The only thing he could track would be if the check used to buy the money orders was cashed by the POST OFFICE, not when the money orders were cashed by YOU. It's not only a lie, it's a dumb lie.

Third, let him know that an emial constitutes a contract nowadays under circumstances like these, especially when you can show a string of emails showing his intent to pay -- in fact, his claims that he had put you in the system TO be paid. Repeatedly.

But IMHO, I don't think you're ever going to see a dime from this yoho. I don't think he has it to give to you.

---Gwen

[Lady Lisetta]

One other thing I noticed in the publisher's responses to you was that he was sending a USPS money order because they are available up to $1000. Last time I used an USPS money order the limit was $500 dollars per money order. I'd be very wary of this person and seek legal consul on this.

Peg Whitham

[grobson]

I received payment today from Blacklisted! 411 magazine for the full amount they owed me (except for the finance charges, which I'm willing to let slide). The payment was in the form of Postal Service Money Orders.

Thank you all for your responses and your help.
_________________
-=- Gary -=-

[angelahoy]

EMAIL REC'D BY WRITERSWEEKLY.COM ON 5/20/06:

Subject: another victim : non-paying magazine : blacklisted! 411
Date sent: Sat, 20 May 2006 15:49:47 -0700

Hello Angela,

In regards to:
Non-paying magazine: Blacklisted! 411
http://forums.writersweekly.com/viewtopic.php?t=2591

I just ran across your forum today after scrubbing google's results - I
really wish I would have seen this sooner to recognize the pattern I
was lured into before putting so much work forth.

Please visit my dedicated site http://www.blackballed411.org where you
may read very similar promises and excuses that I have received from
Zachary Blackstone Editor-in-Chief of Blacklisted!411 Magazine.

Please add my story/emails to your forum "Whispers and Warnings" so that
others who are researching this magazine and Zachary Blackstone may not
be cheated as I have been after 5 months of promises and excuses for
non-payment.

Thank you kindly,
Israel Torres