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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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I have been paying for advertising on an internet radio program

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I have been paying for advertising on an internet radio program for months. I am not able to listen to the program when it plays live. I just realized the ad has not been playing on the correct program and the ad is not in the archives as promised in our e-mail agreement. What are my legal rights here? What can I do?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Do you have a written agreement with the internet radio company?

What is the amount you have paid for this advertisement?
Customer: replied 3 years ago.

Hi Alex.


If e-mails exchanged between the radio station and myself qualify as a written agreement, then yes. I have been paying $50/month since September 2012.

Dear Doralynn,

Thank you for your follow up.

The email exchange might be used as evidence of your agreement, but would not necessarily qualify as a written agreement for the advertising services.

Have you addressed this discrepancy with the radio station and what is their response and position in this matter?
Customer: replied 3 years ago.

Yes, I have contacted him. His response was that he didn't realize he was supposed to have it on the program, even though there are e-mails between us that make it clear that it is. I did forward those e-mails to him. He said he could give me two weeks of free advertising and then wrote my next bill would not be due until the first. That is when it was due already, so not much free advertising there. In addition, he owes me more like 7 months of advertising, not 2 weeks.

Dear Doralynn,

Do you want to continues advertising with this company and have you tried to negotiate a better resolution / settlement of this issue?
Customer: replied 3 years ago.

I would like to continue advertising with them. I don't care for their programming, but they have a large audience and are inexpensive. I am trying to reach a better resolution, but I have not heard back from him.

Dear Doralynn,

Thank you for your follow up.

Given the very small amount in dispute ($350), it would be very prudent of you to try to negotiate an amicable resolution of this issue with the radio company and explain to them that while you feel your advertising was not done as agreed and was not effective at all, you are interested to maintain a business relationship with the radio company and possibly looking into a long term advertising prospect and see if the radio company would be willing to further negotiate some type of refund, credit or a discount, possibly not for the full amount, but at least for half of the money you have paid them already.

Also, it would be a good idea to put in a written contract any terms of your advertising agreement with this company, so you would be able to avoid any further disputes in the future and if dispute arises, you would be able to refer back to your written agreement in order to resolve such disputes.

I wish you the best of luck!
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