I received this email from Phillip R. Dolan, who got the rights to his manuscript and his money back from PublishAmerica. Rather than paraphrase his email, I am reposting it in its entirety:
Some scam publishers can be stopped. Publish
America’s contract has an arbitration clause to prevent authors from suing them.
To me, it seems to be a mistake because lawsuits are expensive and time
consuming. Arbitration under their contract requires that the American
Arbitration Association rules be followed. Those rules are user friendly and
inexpensive, especially when the prevailing party is reimbursed for all fees and
expenses. Even attorney fees if one uses an attorney. Anyone with a high school
education can handle an arbitration if they are so inclined.
Anyway, I filed for arbitration against PA and won. It took
eight months and I did it without an attorney. My contract was rescinded (not
just terminated) to the date it was signed and I received damages and expenses.
I thought this would be but the first of many arbitrations and that PA might be
driven out of business. It cost them quite a bit.
To help other authors complete arbitrations I posted how I
had done it, including my mistakes, at Arbitration And How To Do It (PublishAmerica, Publish
I had a forensic accountant examine PA’s sales records and
posted that info. I had an intellectual property attorney analyze the whole
thing and I posted excerpts of that. Together it is a blueprint of how to know
when PA breaches the contract and how to make them pay for it and get author’s
In about six months there have been 4,691 views just of the
accountant’s report so I know a lot of people have looked at the arbitration
material. But not one author, other than me, has filed
for arbitration. Two other anti-scam sites even offered to pay all the costs
attendant to arbitration. Not one PA author took them up on it.
I think that any author who feels they were scammed by
PublishAmerica and refuses to take any action other than complaining is right
where they should be.
Phillip R. Dolan