Know-How Exchange : E-Marketing

Was all of the contact information incorrect, or just some of it?
How much do you estimate this goof cost you in business? How much will legal action cost you?
Did the marketing/design firm acknowledge their mistake? What remedy did they offer?

Heeey dwntwnwilm,

having been in this situation regarding errors on websites I've had built for me...and errors I definitely understand how you must be feeling based on what you have shared. But for many reasons I can only encourage you to allow the fury to die down a little bit before you open up the door to invite an attorney in on this.

Because I'm human and I've made quite a few mistakes in my life time and have suffered the errors of sooo many other human mistakes that I've learned to view the whole experience from a different perspective. So decades back I adopted the attitude that I would examine "intent". Was it the intention of the marketing/design firm to create and execute an E-mail marketing campaign for you with the wrong contact information? I believe if we all started at this point most people would say no...even when they know that the error has caused them great pain.

Sooo let's consider if the answer is no...what do we need to do now?

I believe going back to the company and having them to explain to you how do they self correct a situation like this...and what are they willing to do to resolve your problem after the fact. Especially given the nature of your circumstances because you can not regain lost time energy or money. And see what they say and listen closely to what they tell you. On top of that I'd reread my contract with them. I had something similar to this happen to me and I can only sadly tell you that their contracts really cover their butts...and if you are like most of us the "circus affect" and the excitement of the experience often allows us to miss sooo many details that if "we were not in the "circus affect" we would probably never...ever...ever...sign another contract for the rest of our lives.

So I'd pay very close attention to what I've shared above...and just give it some thought after you've had a chance to allow the fury to die down. But my answer to your question based on the information you've supplied us with would be no...no I wouldn't take legal action. But there are some other factors that may warrant a different action...like if you've spent a boat load full of money...but even then it would not come for me until after I've engaged the company and asked them what do they do to "Self-Correct" and resolve this situation. Please go back to them and ask them what do they do and then re-read your contract very carefully...I can assure you that if they are a good company your liability from this is limited...and at that point you have to decide if the cost of legal action makes any sense at all. A wise man once told me "Never enter into Battle without Weighing the Cost"...taking legal action is like going into War...and in most cases the expenses for War are always underestimated...because people are emotionally invested...and under high emotion is the worse time to engage someone in a War. (I'm a former military brat and I've seen a lot of money wasted over taking legal action). The good news is my disclaimer is that you have to remember I'm not a lawyer or trying to give you legal advice at all. If you're looking for legal advice it's always best to go to a lawyer. Have a Great Day and I wish you the best resolution.

Your Servant,

Lovingly Deremiah *CPE, (Customer Passion Expert)

Service bureau or marketing firm - that doesn't matter You paid the marketing firm to do it right, whether it was something they themselves did or someone they hired did.

Unless they sent people to a competitor or somehow the bad contact info made you look bad (a phone number of 1-800-WE-SUCK or the like), I think the maximum you may be due is the cost of the program. They didn't defame you, just made a mistake and the program was not as effective as it possibly could have been.

If the program was sent and no one was able to contact you (all contact info was incorrect), the you should get it all back. But it sounds like the email worked correctly.

If some people would have been able to contact you, but others not, then some percentage back might be the right solution. The challenge is how to estimate how many would reply by phone versus by email. Hard to say.

You can look at how many contacts you did get versus any sort of promises they made (if they made any - likely not) to set a percentage back.

They may offer to run the program again as a way to make up for it.

Legal action should be something you use as a last resort. For this type of dollar amount, maybe as a threat to make them negotiate more than something you actually do.

Your marketing firm should offer to completely rerun the program (correctly) or refund your money -- their choice. But rather than go at them with threats of legal action, I'd talk to them and ask for what you want. If they are reputable, they'll understand and accommodate your needs.

The service bureau is THEIR problem, not yours. Right?

Did you sign off on the content before the page went live? Were all the details correct at that time? If the answers to those questions are yes and yes, your marketing company owes you another shot, on their nickel.

#1, the person who proofread the final draft is the point of contention (Gary Bloomer input)
#2, ask for a rerun
#3, call that telephone number, apologize - offer something that they will issue a corrected telly
#4, don't panic or point fingers - just work it out - things happen

Heeey Dwntwnwilm...

you're sooo welcome and you're worth my time and the time of all of the other participants. You've been given some great advice by everyone here. And You're right...6K is a lot of money but with them wanting to put your campaign out there again with a fresh look and reaching potential new clients hopefully you'll make back a dollar or two for every dollar you spend. Merry Christmas to you too and if you need us for anything else just reach out our way...we'll be Glad to help. Don't let this get you down and remember what Napoleon Hill said...

"Every adversity, every failure, every heartache carries with it the seed of an equal or greater benefit."

And his student W. Clement Stone when faced with an adversity or what appeared to be a setback always said... "That's GREAT" and then he would go searching for the huge BENEFIT that was Great in the experience. I have practiced both of these things and I can tell you that it is AMAZING how often we FAIL to SEE the OPPORTUNITIES Created by what at First APPEARS to our Conscious Mind to be a NEGATIVE Setback.

The Question for you to Think about and Reflect on is...How can you take what you learned from the first Test Run and modify your Game Plan to bring yourself a 2,000% increase from your first experience?

How can you engage your marketing/design firm in such a sincere way that they feel obligated to help you make better improvements to your first attempt?

And this is why you can't make your marketing/design firm your enemy...even when they make a mistake like the one they made...because if they are worth their salt...they can help you learn things through this experience...through this mistake that you could learn no where else. You always have to be considering like W. Clement Stone always believed...and he believed that "The UNIVERSE was always Conspiring to help him Succeed". Have a Great day my friend...it all Get's BETTER the More you Do It...KEEP SMILING!!!

Your Servant,

Lovingly Deremiah *CPE, (Customer Passion Expert)