angelahoy
Joined: 01 Aug 2003 Posts: 1549
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Posted: Mon Aug 07, 2006 6:17 pm Post subject: WARNING - Bucks Magazine / bucksmag.com / Andrew Cantor |
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July 26, 2006
BucksMedia
Andrew Cantor, Publisher - Andrew@bucksmedia.com
Bruce Shankin, Publisher - Bruce@bucksmedia.com
Marni Prichard Manko, Editorial Director - marni@bucksmedia.com
Pickett House
30 Bridge Street
New Hope, Pa 18938
P(215)862-9377
F(215)862-9524
WritersWeekly.com has received a complaint about:
Bucks Magazine / BucksMedia / BUCKS Media Group LLC / bucksmag.com
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, have refused to pay writers money 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.
SF (name not published here but was, of course, provided to
the publisher) alleges you owe her $4819.19. 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.***
Our report on your firm is scheduled for inclusion in our publication
next Wednesday.
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
~~~~~~~~~~~~~~
THE COMPLAINT
~~~~~~~~~~~~~~
From: SF
Subject: Warning
Date sent: Sun, 23 Jul 2006 17:14:33 -0400
"Bucks" magazine, published in New Hope, PA, has a long history of NOT
paying writers, even after court judgements. This writer has been owed
$5,000 for one year.
"Bucks" (Bucks Media group LLC) has failed to comply with a Notice of
Judgement issued on 6/1/06 to pay monthly installments on $4,819.19 for
five feature articles which appeared in their magazine starting last
September.
In May of 2005, I was assigned a 1,000-word story at 75 cents
per word to appear in the Sept 2005 issue. I was told I would be paid
"upon publication."
When the article appeared I was told I would be paid in full in
November, along with two other articles for a total of $2,500. I received one
check for $200 and was repeatedly promised "monthly installments" which never
materialized. By that time, I had submitted five features! I won a
judgement in civil court on June 1, 2006.
Since then, Bucks has failed to make timely payments. They were ordered
to pay $400 per month "on or before" the first of each month. To date, my
attorney has had to contact them to find out why payments are not being
made as scheduled. The response of their accounts payable person, Joan,
has been "The first of the month? That is so stringent!"
The first payment arrived 7 days past due, after several phone calls and
emails. The second payment, due July 1st, arrived two weeks past due.
Again, following my attorney's pressuring them. The third payment which
is due August 1st, I stongly suspect will not arrive at all.
The court has advised me to execute the judgement. I know of other
writers who have also had to go to court to seek judgements against Bucks.
Their site is www.bucksmag.com
I greatly appreciate your assistance and interest. I am an award-winning
writer who has been published for over 20 years. This is the first time
it was necessary to go to court for payment of published work.
Best regards,
SF
~~~~~~~~~~~~~~~~~~~
PUBLISHER RESPONDS
~~~~~~~~~~~~~~~~~~~
From: Andrew Cantor <andrew@cantordesign.com>
Subject: Re: COMPLAINT about Bucks Magazine / BucksMedia / Bucks Media Group LLC
Date sent: Thu, 27 Jul 2006 15:44:23 -0400
Angela,
I am the publisher of BUCKS magazine and I would like to respond to the
allegations by [SF].
About one year ago I took over as controlling head of the magazine. Prior,
I was a partner but only in charge of the creative side. My now ex-partner
was in charge of finances and sales. After his departure, we uncovered a
massive debt load that was bound to put us under, to the tune of 1.2 million.
The advice of many lawyers was to close it down. But my editor and I wanted
to pay everyone off that had worked for the magazine, and in time turn the
magazine around. We really believe we have a superior product in our
marketplace.
So against all advice we started to rebuild. Obvious the cash flow
issues started coming upon us. We went to court to meet the debtors that we
owed. On all occasions I stated that we intend to pay everyone off, I did not
contest any grievance. The writers and photographers that we owe did
great work and should be paid. Our biggest problem was that we were not yet
making our numbers as far as sales was concerned, and we kept finding more
problems incurred due to the previous management.
It would be easy to close the doors and blow off all the debt that has
built up over the years, but that's not what we want. It would be unfair to
the freelancers that work for us. To date we have many of the writers off, and
a lot of them say they would write for us again. At times we are a few
weeks late on payments due to cash flow. But if we don't keep going, no one
will get paid, and we would have to close shop.
[SF] is owed about $3,200 to date (not the $4,000+ that she alleges).
We have already made good-faith payments towards our outstanding debt to
her, and we are going to make her August payment on time because cash flow is
beginning to improve. We are taking all steps to ensure that all of our
writers, [SF] included, will get paid what they are rightfully owed. I
wish that [SF] could understand that we owe many freelancers money,
not just her, and to be equitable to all, we have to divide the limited funds
we have to pay back all of our freelancers. We have every intention of
paying everyone in full, but it might take longer than desired.
On a separate note, I want you to know that I truly appreciate the
opportunity to share our side of the story. I know that your website
provides crucial information to thousands of freelancers, and I thank
you for reaching out.
--
Andrew Cantor
Publisher
Creative Director
Bucks Magazine
30 Bridge Street
New Hope, Pa 18938
~~~~~~~~~~~~~~~~~
WRITER RESPONDS
~~~~~~~~~~~~~~~~~
From: SF
Subject: Re: (Fwd) Re: COMPLAINT about Bucks Magazine / BucksMedia / Bucks
Date sent: Thu, 27 Jul 2006 19:08:20 -0400
Copies to: <andrew@bucksmedia.com>, <joan@bucksmedia.com>
Angela,
Thank you for your interest in my dispute with Bucks magazine.
Unfortunately, Mr Cantor is in error regarding the amount due. According
to the judgment, Bucks owed me a total of $4,819.19. This figure includes
court costs and 6% interest to compensate me for the additional 12 months
it will take them to make payment in full. To date, they have paid $900 on
that amount, leaving a balance due of $3,919.19. Not $3,200 as Mr Cantor
stated.
My attorney addressed this discrepancy with Mr Cantor's assistant Joan one
month ago. It is puzzling that Mr Cantor continues to dispute the amount
owed, since it is clearly stated on the judgment which has been in his
possession for 60 days.
Hopefully, your efforts will encourage Mr Cantor to comply in a timely
manner, and in full, with the court judgment.
Sincerely,
[SF]
~~~~~~~~~~~~~~~~~
PUBLISHER RESPONDS
~~~~~~~~~~~~~~~~~
From: Andrew Cantor <andrew@cantordesign.com>
Subject: Re: (Fwd) Re: COMPLAINT about Bucks Magazine / BucksMedia / Bucks
Date sent: Thu, 27 Jul 2006 19:50:30 -0400
Angela,
As you can see [SF] has chosen to use your forum as a yet another
avenue for her cause. I include you in this retort so you understand what we
are dealing with.
[SF], whatever the court documents say is what we owe you, we agree
with it. We are not disputing this. Whether Joan has it right or not doesn't
matter. You will be paid. We are making every effort to do so. Why can't
you appreciate and acknowledge that we are trying. It would have been so easy
to walk away from this but we chose not to. Why do you persist to be
vindictive with your attitude. If we are late with a payment it is only because we
don't have it. Not that we don't want to pay. As you know there are a lot
of people that we are paying off, for some reason you are the only one that
has created a campaign of hate. Don't you realize the harder you make it for
us, the harder it is for us to pay you? I'm sure you realize I would like
nothing more than not to have to deal with your accusations. If I could pay
you in one lump sum I would. Unfortunately we are not there yet.
Angela, sorry to have to share this with you. I do support your cause.
Being from your side I understand. Unfortunately I took over a hornets nest.
Running a magazine is no easy task, and I have given it my all. I think
offering the opportunity for publishers to respond is great and righteous.
I hope we get a chance to correspond again under happier circumstances.
--
Andrew Cantor
Publisher
Creative Director
Bucks Magazine
30 Bridge Street
New Hope, Pa 18938
~~~~~~~~~~~~~~~~~
WRITERSWEEKLY RESPONDS
~~~~~~~~~~~~~~~~~
From: Angela Hoy
To: andrew@cantordesign.com, marni@bucksmedia.com
Subject: Re: (Fwd) Re: COMPLAINT about Bucks Magazine / BucksMedia / Bucks
Date sent: Fri, 28 Jul 2006 10:51:10 -0400
Hi Andrew,
I didn't interpret [SF]'s email as vindictive at all. She's stating
facts that dispute your incorrect information. It is my opinion that
her email is professional while your email is unnecessarily
inflammatory.
Angela
~~~~~~~~~~~~~~~~~
PUBLISHER RESPONDS
~~~~~~~~~~~~~~~~~
From: Andrew Cantor <andrew@cantordesign.com>
Subject: Re: (Fwd) Re: COMPLAINT about Bucks Magazine / BucksMedia / Bucks
Date sent: Fri, 28 Jul 2006 11:06:49 -0400
Angela,
I was referring more to other actions she has taken over time. As I said
we do not dispute the monies owed, we are just trying to keep a business
going, and not on her back. We have 11 families that work here and each has
sacrificed a lot to help keep this going and pay off the debts that have
been incurred. [SF] has by her numerous actions, "thrown the daggers",
per se. There is no malice, we just want this all resolved. If you find my
writings mean spirited, I apologize. They are not meant to be. It is
just trying at times, and [SF]'s actions make it a little bit harder to
deal with sometimes.
Andrew
--
Andrew Cantor
Publisher
Creative Director
Bucks Magazine
30 Bridge Street
New Hope, Pa 18938
~~~~~~~~~~~~~~~~~
WRITERS RESPONDS TO ANDREW CANTOR
~~~~~~~~~~~~~~~~~
From: SF
Subject: Please confirm
Date sent: Fri, 28 Jul 2006 14:15:15 -0400
Angela,
In response to your messages, Bucks contacted my attorney today and
implied that my communication with Writers Weekly is somehow in violation of
"confidentiality" and the court order.
It is my understanding that the court order is not an agreement of
confidentiality. It is an agreement of monies owed and, as such, is public
record. I believe my complaint to be valid and not in any violation of
privacy or confidentiality. Am I correct?
Thank you again for your support.
[SF]
~~~~~~~~~~~~~~~~~
PUBLISHER RESPONDS
~~~~~~~~~~~~~~~~~
From: Andrew Cantor <andrew@cantordesign.com>
Subject: Re: Please confirm
Date sent: Fri, 28 Jul 2006 14:23:53 -0400
[SF],
No we didn't. Where are you getting this. Joan called to straighten out
the amount owed so it would conform to what you said in your correspondences
with Writer's weekly. She found we were off because we had written you
an August check. We did not EVER state that your writings to WW was in
violation.
--
Andrew Cantor
Cantor Design, Inc.
Pickett House
30 Bridge Street
New Hope, PA 18938
www.cantordesign.com
~~~~~~~~~~~~~~~~~
ANOTHER PUBLISHER REP RESPONDS
~~~~~~~~~~~~~~~~~
From: Marni Prichard <marni@bucksmedia.com>
Subject: Re: (Fwd) Re: COMPLAINT about Bucks Magazine / BucksMedia / Bucks
Date sent: Fri, 28 Jul 2006 13:59:24 -0500
Hi Angela-
I've been reading the varied correspondences regarding [SF],
and although I just had a baby 6 days ago (so please excuse me if my writing
is a bit jumbled - lack of sleep), I feel compelled to write to you.
I understand [SF]'s frustration with the magazine and I totally
empathize with her plight. There's nothing more frustrating to me as an editor than
to know that the freelancers that have done quality work for us are going
uncompensated. They completed their assignments and should be paid
accordingly.
That we owe [SF] money has never been in dispute. Andy, the publisher,
has never once indicated that [SF] should, or would not, be paid. Nor has
he ever disputed the other freelancers' claims of money owed.
Unfortunately, the reality is that we simply don't have enough money to pay off all of
the old debt while keeping the magazine solvent simultaneously. If we took
all of the money that is coming in (albeit it's still a limited amount) and
delegated it all to the freelancers, we would surely make a dent in the
outstanding debt, but essentially put ourselves out of business. With
printing and overhead costs, we couldn't then pay to put out another
issue.
This obviously wouldn't get the freelancers any further than they are now
- rather, with a dissolved company, they would have no hope of ever
getting paid, which I would find personally unconscionable.
So this has been our quandary. Under the advice of financial advisors
and lawyers, our plan has been to take a certain amount of money and allot
that to old debt, and use the rest of our limited funds to keep the magazine
afloat. Unfortunately, that limited amount of money put towards old debt
has to be distributed amongst many freelancers, not just [SF]. Not that
this is in any way ok or acceptable, but this is our reality. We all feel
terrible about the situation and all have had many sleepless nights
trying to figure out how to remedy this situation.
I know that Andy may come off a little abrupt in his correspondences,
but there have been a few personal confrontations between [SF] and Andy
that have left him a bit heated in regards to her. He may say things out of
emotion, but please know that he is incredibly remorseful about the
entire freelancer situation and has sacrificed much personally in his efforts
to get them all paid in full. In a similar vein, I just spoke with Joan in
accounts payable and she has indicated to me that they have every
intention of paying [SF] her August payment. And obviously we will honor the
amount owed to her, in full, and in accordance with the settlement negotiated
by the court.
I know that our financial circumstances and hardships don't mitigate the
fact that we are still in arrears with many of our freelancers. I just
hope that you can understand our plight and realize that we truly are doing
our best to make them all financially whole as expeditiously as possible.
Thanks for affording BUCKS the chance to explain our side of the story.
I wish you the best, and if you have any further questions, comments or
concerns, please feel free to contact me.
Marni
--
Marni Prichard Manko
Editor-in-Chief
BUCKS Magazine
Art+Culture+Lifestyle
30 Bridge Street
New Hope, PA 18938
~~~~~~~~~~~~~~~~~
WRITER GETS PAID!
~~~~~~~~~~~~~~~~~
From: SF
Subject: Wow!
Date sent: Tue, 01 Aug 2006 16:09:52 -0400
Angela,
I received a check today, August 1st, from Bucks. It is the first time
they have paid the installment promptly as ordered by the judgment. What
a testament to the power of the free press and to Writers Weekly!
Thank you for your support and outstanding service to the freelance
writers community.
You have my permission to include this in my posting.
Best regards,
SF
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