Crushing Competition

[TooBusy]

Hi. My husband and I own a small business where my husband has been providing his services for over 20 years (I only do the office work). Anyway for about 15 of those years he had an agency book his services. Approx. 5 years ago he broke free from the agency and apparently "burned some bridges" with the owners of the agency.

For the past 5 years we have been sued by members of the agency. The case was thrown out because there was no truth to it, but it did cost us money on lawyer fees. Then we were told by one member of the agency that "I'm going to make sure you and your family starve". We are continuously slandered by the agency and our reputation is being ruined. We are a very small company just looking to make some extra money, but they truly are making us starve. We don't have the money to go after them because of all of the slanderous things they say. I have lots of people who would testify on our behalf, but obviously the agency knows that we don't have any money to stop them, so they continue...

Sometimes I want to get back at them so bad and it's really hard to just hold back, but the minute I say something about them they'll sue us again. I can't keep doing this. It's such a strain on our family life. My husband and I are just so frustrated. Now I know what those mom and pop stores feel like when Walmart come into town. I know it's different circomstances, but I'm slowly being crushed by my competition...

[robinseggs]

What did you do that the agency feels was so horrible? I am confused. Simply decide not to use them anymore? Did you give them ample notice? And how were they told??? I do have some ideas for you but can't help unless i know more.

Ditto what Robin said...fill us in on the type of business at least?
And welcome to the Graden..

BTW Im a small business owner myself, and I book all my own jobs because of similar circumstances that my business partner has been through.

[The Red One]

Slander is against the law Too Busy. I've gone through that one....you could sue them for it. I know here where I live they don't take it lightly, check with your local law enforcement agency and find out if it is there too. If I can help pm me and let me know.

[TooBusy]

Wow thanks for the support. Back in 1985 my husband started booking Disc Jockey shows (school dances, weddings, company parties) through a local Entertainment Agency. He subcontracted through them until 2000. He kept asking to have his rates increased because he was their "best disc jockey" their words. He went through a lot of "crap" with the agency. They would tell a client a show was worth $1,000 and my husband would only receive half. The agency was only supposed to make 20% of any show. They would call him at the last minute and tell him one of his shows were cancelled and then give it to someone else. It's just been a lot of stuff. Finally my husband felt that he was ready to book on his own and took out a telephone book ad. He assumed that the agency would still book him and he could book himself. I know it was wrong on his part not to tell the agency before the ad, but he didn't and that's when all of the trouble began.

The lawsuit that was later dismissed was brought about because back in 2002 I ran a radio ad. It advertised my husbands name as well as a sub-contractor that was currently working with us (first names only). The guy's name is as common as Bob. Anyway another Disc Jockey from the agency heard the ad and sued us because it used his name. Keep in mind it is a very common name and no last names were used. Legally, they had no leg to stand on, so it was thrown out. The Disc Jockey that sued us did have his name filed on a DBA as his first name and last name.

Anyway, there are just so many instances of bad business ethics on their part I'd have to write a book. We are almost ready to give up, but this has been my husbands life for over 20 years...how can you just give that up?

[CountryDweller]

Did your husband sign a legal and binding contract with this agency for an extended period of time? Sometimes, when a contract is written, and signed by all parites involved, you are obligated to fulfill the contract until it expires otherwise they would have a right to sue you.

[TooBusy]

No, no contract. The only contracts he ever signed were the ones for "gigs" and he fullfilled every one of the contracts he had with the agency.

[CountryDweller]

Originally Posted by TooBusy

Wow thanks for the support. Back in 1985 my husband started booking Disc Jockey shows (school dances, weddings, company parties) through a local Entertainment Agency. He subcontracted through them until 2000. He kept asking to have his rates increased because he was their "best disc jockey" their words. He went through a lot of "crap" with the agency. They would tell a client a show was worth $1,000 and my husband would only receive half. The agency was only supposed to make 20% of any show. They would call him at the last minute and tell him one of his shows were cancelled and then give it to someone else. It's just been a lot of stuff. Finally my husband felt that he was ready to book on his own and took out a telephone book ad. He assumed that the agency would still book him and he could book himself. I know it was wrong on his part not to tell the agency before the ad, but he didn't and that's when all of the trouble began.

The lawsuit that was later dismissed was brought about because back in 2002 I ran a radio ad. It advertised my husbands name as well as a sub-contractor that was currently working with us (first names only). The guy's name is as common as Bob. Anyway another Disc Jockey from the agency heard the ad and sued us because it used his name. Keep in mind it is a very common name and no last names were used. Legally, they had no leg to stand on, so it was thrown out. The Disc Jockey that sued us did have his name filed on a DBA as his first name and last name.

Anyway, there are just so many instances of bad business ethics on their part I'd have to write a book. We are almost ready to give up, but this has been my husbands life for over 20 years...how can you just give that up?

The way I'm understanding this, is that you got sued because of a name useage. If you have no legal binds to this agency and want to continue to persue your business, the best suggestion I can give is do it without using anybody elses name involved in your advertising but your own.

It sounds to me like this agency is ticked off that they lost your husband as a client, so naturally they are going to keep a close watch on him.

Another suggestion is...small claims court if they keep bothering you. I know here, when you take someone to small claims court, when filing the paperwork, you can request that if you win your case against them that they be held responsible for reimbursement of all damages and filing fees incurred.

[TooBusy]

Thank you for the advice. Ever since that ad I never use anyone else's name, but my husbands (which is unusual). He also has a DBA in our area for his name.

I could handle it if it was just a close watch...

[CountryDweller]

Originally Posted by TooBusy

Thank you for the advice. Ever since that ad I never use anyone else's name, but my husbands (which is unusual). He also has a DBA in our area for his name.

I could handle it if it was just a close watch...

Then it looks like there's really not much to worry about then. Get on with your business and let that monkey jump off your back! Good luck and I wish you well!