Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:07/27/2023

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  For YEARS I have been harassed by calls from xlibris and whoever they sold my information to. Some days I will receive 3 calls a day, early morning and late at night. I have asked the people calling to stop and remove me from their list and they just hang up the phone. I constantly block their numbers but they are always calling from a different number. I want them to stop harassing me and nonstop calling me. I have reported them to the do not call list registry but it's always a different number reaching out. Please stop contacting me at all hours of the day or at all unless it has something to do with my actual book and not a sales person.

  

  Business Response

  Date: 07/28/2023

  Dear BBB,
  

  Thank you for giving us the opportunity to respond to **************** concerns.
  
  As requested in his filing, we have amended his account to show do not call status and unsubscribed him from our sales e-mail list. After running a call report using the phone number provided by ************** (the same we have on file), we found that there have only been three outgoing calls from us since January 1, 2023. Each of the calls were under ten seconds and notated by our representative in our system (May 11, May 26 and July 7, 2023).
  
  Any other calls received by ************** at his phone number are not from anyone connected to Xlibris. We have not, and will not sell personal information, nor do we have any third parties calling on our behalf. Unfortunately, there are many scammers and bad actors with a variety of tools at their disposal to mine data in less than honorable manners.
  
  In closing, ************* will no longer receive sales calls from Xlibris per his request.
  
  
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction 

• Initial Complaint

  Date:06/26/2023

  Type:Product Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On December 21, 2022, I paid $1,101.87 for Line Editing. When the results came back it was clear that it was only half done. I have asked to receive a refund for the services that Archway Publishing failed to render (which they were legally obligated to do upon receipt of my payment based on the document that I was required to sign). I have been told that I would get no refund as I signed the form noting that once the fees were paid, they could not be refunded, however this is not entirely legal as they failed to provide the full services that were paid for in full. I am seeking a minimum of a $400 refund for service not rendered.On February 28, 2023, I paid $3,487.92 for a Professional Audiobook package and Audiobook Conversion in excess of ***** words. When I purchased this package, I was told that I would receive audio files to review until we found the right narrator for my book - even if it meant 100 different files. A few months later I was told this was not true and I would get 3 files to review. It is now 4 months since my payment was made and nearly 3 months since my book was published and I have not received a single file to review. I no longer have faith that this project will be completed, and the delay has cost me potential sales. I am seeking a full refund of $3,487.92 as services have not been rendered (despite follow-*** via e-mail) and there is no indication that they will be completed at this point. I have also yet to receive any confirmation that my copyright was submitted as part of my package. I have no idea what name (mine or my pseudonym) it was placed under and have no means to follow-up. I am requesting all information regarding this part of my package, which again was fully paid for, be sent to me in writing immediately.Please note that I do not authorize Archway to use my name or pseudonym in their response.

  

  Business Response

  Date: 06/29/2023

  Dear BBB,
  
  Thank you for giving Archway Publishing the opportunity to reply to the customers complaint.
  

  This customer did purchase editing at the price that was mentioned. One of the errors that was mentioned was created by the author after the edited version was provided for review. It was not in the raw edited version but was in the version that the customer sent back to use during the ********************** process. Our editorial staff reviews each editorial service for quality assurance.  After reviewing the notes and the corrections forms, the amount listed is less than our 3% margin of error that is allowed.
  
  The customer is correct in saying that she purchased the audio book in February of 2023.  In order to start the audio book process, the book has to go live at the printer which did not happen until April.  Since that time, it was found that the word count was slightly over what was quoted in the initial price of the audio book package. In order to move the process along, the department manager waived the fees for the additional word count.  The audio book has to be recorded and edited and this process often times takes longer than the print and e-book versions. There is a timeline of 3-5 months for completion on this format.
  We apologize if the customer was told that there would be an unlimited amount of review files for different narrators as this is incorrect information. We are able to provide three different narrators.  
  The first demo of the audio book will be sent in a few days.  If that one is unacceptable, we will procure a second demo.  If that is still not acceptable, we will procure a third and final demo.  It should be noted that for every new demo the process will be delayed slightly.
  
  As long as the US **************** has no problems with the application, the customer will receive a certificate of registration from the office within 2-6 months. The copyright will be in the account name along with pseudonym (insert pen name here).   The copyright page in the book only includes the pen name and that will not change.
  In closing, we are not able to offer a refund for any of the services that were provided because they are considered fulfilled. The changes that were requested as Archway errors were below the 3% of the total errors found.  We apologize for any inconvenience this has caused.
  
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction 

  Customer Answer

  Date: 06/29/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the issues appear below. 

  
  I was never informed of a "3%" margin of error for the editorial process and would never have paid the price that I did had I known about this.  Again - a service that was sold to me was not provided as described and despite the note to the contrary, issues with the line edit did not include anything that was added after approval.  This accusation is wholly false.  The line edit issues were related to original content and include abject changing of a chapter title and failure to edit entire chapters that were unchanged by the author after submission.  I and a few other colleagues re-read the manuscript multiple times to catch all of the issues that, based on the sales pitch for the Line Edit package, should have been caught and were in fact paid for.  Again, I request a partial refund as what was sold to and thus purchased by me (a professional book editor doing a line edit) was not what was delivered.

   

  In regards to the audiobook package, as noted by the Archway representative, this is not complete though they have deemed it "fulfilled" in there purview.  There is no audiobook and no files have been sent to me.  The audiobook package that I was sold by ********************* included unlimited audio files to review (exact terminology was that I could review over a hundred if needed) to ensure that I would be able to find the correct sound for my audiobook - not a limited 3 files.  I would never have purchased this package had I been told that there would be this severely limited amount of vocal file options.  This legally constitutes a "bait and switch" and, again, I am insisting that I receive a refund for this unfulfilled (there is no audiobook at this time) package. 

   

  I would also like to note that per my receipt I paid for "Audiobook Conversion - Additional Words (in excess of **** words) (ACX)".  I was never informed of an error in this charge or the need for additional payment, nor was I told of any waiver of additional charges and do not appreciate the insinuation that I was in any way aware of this.
  
  Regards,
  
  ***********************

  
  

  

  Business Response

  Date: 07/03/2023

  Dear BBB,
  

  Thank you for again giving Archway Publishing the opportunity to reply to the customers complaint.
  

  After speaking to the editorial department, they have requested a complete list of the errors found during the line edit.  The list needs to include the error and what page it occurs on and they can be emailed to ************************************ .  The list will be reviewed and the editorial team will be in contact with the customer.  It should be noted that no refund would be offered for the editing service.  If the error rate is more than the 3%, we can fix the errors. 
  

  The audio book fulfillment is based on a queue system so we create those based on the purchase date. In addition, the first sample is already in production.  We apologize that the sales representative mentioned more than three options for samples.  This is not something that is advertised and we are very sorry if this is the information that was given.
  

  The customer paid for the audio book package and an addition conversion of ****** words which are charged per word ($.12 at ****** words in the amount of $2,113.92 after the $675 discount).  After the book was complete, the word count increased by 315 words.  Because this was such a low amount and in order to keep the project moving, we waived the fees for these extra words.
  

  Both of the services were purchased more than 90 calendar days ago. Per the signed Services and Distribution Agreement (Section 4.Termination and Refunds), we are not able to offer a refund after the 90 calendar days.
  

  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction 

  Customer Answer

  Date: 07/06/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint. As noted in my previous response, all edits that were missed during the Line Edit were caught by myself (who is trained in formatting and editing scientific data) and several colleagues who all re-read the text to catch the many errors (from a capitol "D" missing for the word "Day" at the beginning of a sentence that started a paragraph to erroneous spacing, a re-named chapter title in the Table of Contents (renamed by the Line Editor for reasons no one could establish), and more).  Under no circumstances would I have allowed my first book to be published looking as sloppy as the Line Editor had left it. To all who worked on my behalf (including my colleagues and myself), it was clear that the Line Edit was partially (maybe halfway) completed.  There is no point in tallying these errors now as I ensured all were addressed prior to publication.
  I am willing to forgo the partial reimbursement request for the ************ services that were clearly not rendered so long as I am fully reimbursed for the Audiobook package.  Again - I was sold a package based on receiving vocal files to review until I found the right sound for my book. I was not told anything about a severely limited number of options until over a month after publication of my book.  Even then, I was told that I would be given 3 files to review to and if none were acceptable, additional files would be provided, though nowhere near the 100 that I had been sold.  I was also told that I would receive files to review within a few weeks of that phone call. It is now 2 months later, and no files have been received and as the package that was sold to me - including as many as 100 vocal files to review -is not the package that is being given to me, I am again insisting in a full refund for this package.  In regard to the claim that I failed to cancel within a 90-day window, this sale was entirely made by phone and the only receipt that I received is attached.  You will note that there is no mention of a 90 day period (likewise, there was no mention of a 3% margin of error with the line edit) and it will therefore not be accepted as a reason to not reimburse for services not rendered for a package where I was clearly a victim of a bait-and-switch.   Please note that my stance here is firm.
  I will also note that phone calls and e-mails made to ANY contact in Archway Publishing can take weeks to months to receive responses if any are received at all. Examples include:
  1. I contacted ******************* nearly 3 months ago.  No response was made to the voicemail and additional calls were never picked up. Complaint about this put in through **************** yielded a **************** response that **************** was contacted and would reach out. Never happened.
  2. I replied to ***************************** with my completed Quarterly ************************ on June 9, 2023. On June 27, 2023, I re-forwarded my note and copied ********************* as I had yet to receive any response or confirmation and the 2nd quarter was coming to a close.  **************** confirmed receipt of the data and made a note stating, "Also thank you for providing your new text, I have sent it in to be updated".  Had I not followed up with an additional person, my book would either not have been added (again as paid in full) or the data would have been wrong.
  After all of this treatment and the inability to reach Archway's appointed representatives (********************** even noted that it is "rare"to receive a response within a few weeks of contact), I opened this BBB complaint to process this cancellation.
  
  Regards,
  ***********************
  

  

  Business Response

  Date: 07/13/2023

  Dear BBB,
  
  Thank you for again giving Archway the opportunity to respond to the customers complaint.
  

  The Services and Distribution Agreement (attached) was electronically signed by the customer on November 1, 2022. This agreement covers the initial purchase and also outlines any individual services that are not included as part of the publishing package.
  

  The audiobook is considered fulfilled. Section 4.Termination and Refunds states that:
  There is no refund after 90 calendar days
  There is no refund after we begin fulfillment. Fulfillment of a service occurs either when a questionnaire is returned, whether or not completed fully or correctly, or when we or a contractor begin work on the service, whichever occurs first. 
  

  The same goes with the line editing service. It has been more than 90 calendar days and the service is fulfilled.
  

  The first demo of the audiobook was sent to the customer on July 12, 2023.  We apologize for the delay in the demo being emailed.
  

  Archway received the approval form for the Quarterly Interactive Catalog on June 9, 2023. The approval form included changes from the customer so we completed the requested changes at that time.  We apologize for any confusion on that process. The catalogue is due to launch for Q3 2023 which happens this week. A link will be sent via email once it has been completed.
  

  We have requested that the book sales manager be in touch regarding the books on the contract.  If there are questions regarding royalties, the royalty department will be happy to assist. They can be reached at ************************************ .
  

  It still stands that both of the services were purchased more than 90 calendar days ago and are considered fulfilled (Section 4. Termination and Refunds).  Archway will not be refunding the services that were purchased.
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction 

  Customer Answer

  Date: 07/13/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  While I appreciate Archway Publishing's stance on this and I did sign the agreement, this should not be valid for this particular sale due to the following:

  1.  The sale was made on February 28, 2023.  The book was not published until April 10, 2023 and I was not contacted about the audiobook (or notified about the radical change in files for approval) until after the 90 period expired.  This should nullify this agreement.

   

  2.  This sale was made with the guarantee of full approval - including the ability to review up to 100 audio files which I was informed, after the 90 period, was a falsification of the process.  Legally this is a bait-and-switch and should also nullify the agreement.

   

  E-mails were sent to me this week, however, I have opened none of them and will not review anything regarding this purchase as I am still seeking a full refund of the audiobook package purchased based on the facts outlined above.  The other fact remains that I have been seeking this for over a month and until this complaint was opened, absolutely nothing was done or sent to me and Archway representatives were nonresponsive.  For a buyer to have to initiate a complaint with the BBB to get a company to preform the services for which they were paid in full is outrageous.

   

  Again - as outlined above, Archway Publishing's failure to provide any clarification regarding the false information used to secure this particular sale prior to the 90 day window expiring should legally nullify this agreement.  Should Archway agree - in writing - to honor the package AS PURCHASED including the review of as many files as needed until the right sound is found for my book, I will be happy to proceed with this transaction.  If Archway Publishing is not willing to honor the sale that they made and received full payment for then I again insist on a full reimbursement for this purchase which I am legally entitled to based on the items listed above.   

  Bottom line - Archway Publishing committed a breach in contract by falsifying the terms of this package when making this sale.

  
  Regards,
  ***********************

  
  

  

  Business Response

  Date: 07/25/2023

  Dear BBB,
  
  Thank you for again giving Archway the opportunity to respond to the customers complaint.
  While this was not a bait and switch scenario, there was definitely some confusion on the process. The sales representative was under the impression that we had a bank of voices we would allow the author to choose from.  Unfortunately, that is not the case.  Each audio book package is reviewed and demos are sent one at a time with up to three options total. This is a very time consuming process but want we also want the author to have a choice.
  The first demo for the audio book was sent July 12, 2023.  We will allow three extra demo options for the customer if she goes through the first three and does not find one she likes.
  We apologize for the confusion on the audio book service and we hope that this resolves the issue.
  
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction 

  Customer Answer

  Date: 07/27/2023

  Dear Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint. 
  

  While I appreciate Archway Publishings opinion, this situation is legally a Bait and Switch scenario.  Per *********** (*************************************************************************************************************************************************************.):
  
  Bait and switch advertising is grounds for an action of common-law fraud,unjust enrichment, and sometimes breach of contract. A bait and switch is also a violation of the Consumer Fraud and Deceptive Business Practices Act.
  
  A bait and switch takes place when a seller creates an appealing but ingenuine offer to sell a product or service, which the seller does not actually intend to sell. 
  
  In Federal Claims courts, the key components for evaluating a claim of improper bait-and-switch by the recipient of a contract are whether: (1) the seller represented in its initial proposal that they would rely on certain specified employees/staff when performing the services; (2) the recipient relied on this representation of information when evaluating the proposal; (3) it was foreseeable and probable that the employees/staff named in the initial proposal would not be available to implement the contract work; and (4) employees/staff other than those listed in the initial proposal instead were or would be performing the services.
  
  I understand Archway Publishings response that the sales representative was under the impression that we had a bank of voices we would allow the author to choose from.  Unfortunately, that is not the case.  However, it is the sole responsibility of Archway Publishing to ensure that their employees, contractors and representatives receive the full and proper training to perform their duties.  It is NOT the responsibility of the authors that have paid thousands of dollars to accept or allow bait and switch tactics even if they were performed as a result of the Archway Publishing representative being misinformed or improperly trained.
  
  While I appreciate the offer of an additional 3 sound files (totaling 6) for review,I paid $3,487.92 for an audiobook package that included unlimited files for review.  I should not be forced into a position where I must settle on one out of six files if none are what I am looking for.  Again I am asking for either a full refund for this package or for Archway to honor the agreement made when I purchased this package from ********************** As noted above, by selling a product that is not what is being delivered,Archway Publishing has created a breach in contract.  By law, this entitles me (as the consumer) to be refunded the money that I paid in good faith and again am requesting.
  
  Please note that when I opened this complaint, I also noted that I did not receive the full Line Edit that I paid $1,101.87 for. Per Archway Publishings response, Our editorial staff reviews each editorial service for quality assurance. After reviewing the notes and the corrections forms, the amount listed is less than our 3% margin of error that is allowed.  However, again, I was never told about a 3%margin and would never have paid over $1000 for a service that did not provide the services it offered (in this case a line-by-line edit of my book).  This legally also represents a bait and switch scenario and I initially request a $400 refund months before opening this complaint through multiple phone calls and an e-mail with Archway Publishing representatives.  I was shuffled from one representative to another, and messages left were never returned.  Weeks later I finally received an e-mail response because of a complaint put through the online customer service form.  The response I received noted that as this was fulfilled, I would receive no refund. I was never informed of a 3% margin and this service was never fully fulfilled as purchased.
  
  Again as noted previously in this complaint chain, I am willing to waive the request for this partial refund (which I am entitled to as I did not receive the full service paid for and was never informed of a 3% margin which would allow the editor to skip more than 3% of my book during review under the condition that I receive a full refund for the audiobook package which I am being informed will not be fulfilled as advertised by ********************* or purchased by me.  In lieu of a full refund I am willing to accept the audiobook package that I purchased which includes my ability to review as many files as needed until I find the correct narrator.  I fulfilled my end of the contract with Archway Publishing including payment in full well before the book was published and expect Archway Publishing to fulfil their end of the contract or provide a full refund for breach of contract.

  
  Regards,
  ***********************

  
  

  

  Business Response

  Date: 07/28/2023

  Dear BBB,
  
  Thank you for again giving Archway the opportunity to respond to the customers complaint.
  

  In order reconcile, Archway will refund the audio book service and the additional words above the allotted 5,000.  The refund will be processed in **** days and the credit will be placed back on the customers credit card in the amount of $3,487.92.
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction 

  Customer Answer

  Date: 07/28/2023

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this response/resolution is satisfactory to me.  Thank you.
  
  
  

  Regards,

  ***********************

• Initial Complaint

  Date:06/05/2023

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I first published my book, The Mother And The Manager with Balboa Press in December, 2014. I have no complaints about the service I received at that time. The staff were informative and supportive, and the price of $1,300 was reasonable. In February of 2022, I was approached by Balboa Press again, asking if I wanted to re-publish my book. I indicated that I would, and I purchased an initial service/promotional Connect package for $2,000. The representative I spoke with was named *************************, a consultant. In order to prepare to re-publish, I had to do some editing and add an Afterward for the last section of the book. Unfortunately, in March, 2022 I was involved in an accident, was hospitalized and couldn't work on the book for five months. In August, 2022 I purchased another promotional/service Empower package from ************ for $2,000. Other than ************, the people communicating with me during this period were all asking me to submit my manuscript as soon as possible to get the process started. One was ***********************, an intake rep. I explained my situation to them about the accident, but I kept getting regular e-mails about submitting my manuscript as soon as possible. ************ approached me twice more, in January and then in February 2023 about upgrading my service level. One package would have cost an additional $4,000. I said, "No" to both proposals. I heard nothing more from Balboa Press until I received a request for my manuscript in February, 2023 by *************************. I sent him my complete manuscript in March, 2023. We e-mailed information to each other twice. Since then I heard nothing at all from Balboa Press. No fulfillment representatives reached out to me at all. I've reached the conclusion that Balboa Press was only going to re-publish my book if I made the additional purchases ************ had suggested. Otherwise, I was not going to hear back from them. No contract was signed, but they took $4,000 from me and I received nothing at all.

  

  Business Response

  Date: 06/08/2023

  Dear BBB,
  

  Thank you for giving Balboa Press the opportunity to respond to Ms. ******** complaint.
  
  ****************** is correct in stating that she purchased the Connect publishing package and then later upgraded to the Empower publishing package. This service was paid via payment plan and paid off on October 25,2022.
  The job of the check-in coordinator (***) is to assist in submitting all materials for the project. This position requires that the *** reach out and make sure that ***************** does not have any questions on the process or the materials that need to be submitted.  They regularly follow up with calls and emails to ensure this is a smooth process. 
  

  Unfortunately the last *** ****************** was in communication with has left the company. She has been assigned a new one and I have requested that she reach out via email so that ****************** can submit her materials or make any inquiries.
  

  Per the attached Services and Distribution Agreement, we are not able to offer a refund at this time. It has been more than 90 days since the purchase date and as section 4.Termination and Refunds states, there is no refund available.
  In closing, we are not able to refund the publishing package service. ****************** can still fulfill her publishing package. Her assigned representative will be in touch with her soon with contact information.
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction 

  Customer Answer

  Date: 06/14/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.]  I have recently heard from my new intake representative from Balboa Press, who was assigned to me only after I made my recent complaint to your Better Business Bureau office.  If I had waited for this service prior to making this complaint, I'm convinced that it would never have happened.  In addition, the agreement about the initial 90-day period is confusing and legally questionable, since I don't recall an actual contract which was signed by both parties agreeing to this and have not been provided with a copy of this by the company.  Furthermore, all of the frustrations I experienced regarding lack of service occurred long after this initial 90-day period.   I had no reasons to make the complaint I'm making now at that earlier time period.  I did agree with the 90-day agreement, although with reservations, based on my first, more positive experience with my first publication with Balboa Press in 2014.  Because of this, initially, I had no reason to mistrust the company or its current business model.  I expressed my concerns to the new intake coordinator in more detail than I am making with you now.  However, to summarize, I expressed to her that the level of service afforded to me seemed to be completely related to how much money I was willing or able to invest in promotional services.  Since I am a senior citizen and not a wealthy individual, I declined to make further financial commitments after my first two purchases.  Even though nothing was stated to me about my level of service being related to the amount of money I was able to invest, the total lack of contact between me and the company from the ten-week period beginning on or around February 16, 2023 was startling.  I reached out to the intake coordinator and the person in charge of my manuscript but heard nothing back from them.  Because of this, later in the Spring of 2023, I made a decision to sign a contract with another publisher.  Balboa Press cannot "resume" services with me now, because I am doing business with another company.  If Balboa Press cannot offer me a refund for services which they have not provided to me, then I will accept nothing more from them.  As far as I am concerned, I am far better off now than remaining with a company which appears to be so cynical and uncaring about providing basic services to their authors.  
  
  Regards,
  
  *********************************
  

• Initial Complaint

  Date:05/30/2023

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I had been called and sent numerous emails from the company Archway Publishing with promises to promote a book that I was writing. After months of going back and forth with the company I sent them my book and also paid them a sum of money of about *******, they said they would edit my book for me. Then after a few additional months they came back and said they would need an additional ****** more to edit the book, and at that time I told them no that I would finish editing on my own. Since that time, I have heard nothing from the company. I have sent emails to them demanding a refund since they have not helped me, and they have refused to refund my money back to me. Since my last contact with Archway, which was maybe a year ago they have had no contact with me and when I email them, they are not returning my emails.

  

  Business Response

  Date: 06/02/2023

  Dear BBB,
  

  Thank you for giving us the opportunity to respond to Ms. ******* request for a refund of her publishing package.
  
  On August 22, 2018, **************** purchased the Director publishing package for $6,651 and the Online Book Ads via ************** for $774. She elected to pay in automatic monthly installments which added a non-refundable payment plan fee of $75 for a grand order total of $7,500. She signed the Services and Distribution Agreement and Installment Payment Plan Agreement on August 24, 2018 (copies attached).
  
  **************** submitted her manuscript to ** on September 13, 2018, and her Submission Information Form on October 17, 2018. Her materials were sent for a mandatory content evaluation to ensure compliance with our content guidelines. On November 8, 2018, she requested a refund of her publishing package; however,she sent an e-mail on November 20, 2018 stating she wished to move forward with publication. Because she had requested to cancel, the content evaluation had not yet been completed and was sent to the team once more.
  
  On December 27, 2018, we notified **************** that her manuscript had passed content evaluation.Her Concierge also requested additional information required to move forward (such as an author biography and cover ideas) and that she remove any hard returns in her manuscript. We received the revised manuscript and additional information on January 22, 2019. The package purchased by **************** included the *****************************  This service is used to evaluate a sample section of the text and make a recommendation as to which full editing service would be most beneficial. On January 24, 2019, the **************************** was completed and the sample edit was sent to her via e-mail. Our editor recommended the Content ******************** for her full manuscript. She declined to purchase an editing service and elected to edit the manuscript herself.
  
  From February 25, 2019 through October 22, 2019, several attempts were made to follow up with **************** via phone and e-mail. We received written responses that she was still working on editing on February 25, March 28 and June 21,2019.  On December 23, 2019, a new representative was assigned as Concierge for her account and followed up for the edited manuscript. **************** replied that she was still editing. Additional communications were attempted by our company on January 28, February 17, March 23, June 23 and August 17, 2020. Each time, she stated that she was still working on editing. We received no further communication from **************** until September of 2021. Because we were waiting for her to complete the editing of her manuscript and send ** the revised version, there was nothing for ** to work on in regards to her project.
  
  On September 16, 2021, **************** sent an e-mail to our customer service department stating we had not contacted her and that she was told (by a different company) she did not own the rights to her book. A representative responded the same day and explained that was untrue. When publishing with Archway, our authors retain the rights to their work and may do what they wish with it, even publishing it again with a different publisher.
  
  Section four of the Services and Distribution Agreement, signed by ****************, states that refund eligibility for publishing packages expires 90 calendar days after the purchase date (November 20, 2018). As stated above, we were unable to do any further work on the project because we were waiting for her to send us the edited manuscript. If she would like to finish her project, we will gladly assist and encourage her to submit her revised manuscript at her convenience.
  
  In closing, refund eligibility for Ms. ******* publishing package expired in 2018. Should she choose to complete her book, we would be happy to continue working with her once her revised manuscript is submitted.
  
  
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction 

  Customer Answer

  Date: 06/05/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.]
  
  Regards,
  
  *********************
  

• Initial Complaint

  Date:05/26/2023

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I'm a self-published author who got bombarded with marketing packages Author Solutions / Author House offered. Getting the book out (AMAZON, *************** other online retailers) no problem. BUT, I spent over $10,000 on a worthless ******* Publicity campaign and their bookstore marketing program that provided absolutely nothing. Promises made; delivered NOTHING. I have 3 novels (via them) on Amazon and are all doing well as per my reviews -- most verified purchases. Two books have 12 reviews; one has 11, to date, and all were published within the last two years. As I don't have money to throw away, I could have not expended money for the garbage marketing stunts and BS that AuthorShysters provided. An $8k expenditure on a worthless ******* publicity campaign and $2k on a totally worthless bookstore marketing campaign accomplished NOTHING via that company's so-called marketing services. Yet, my reviews on AMAZON are highly favorable. This company should not be allowed to offer their worthless marketing services. Getting the books with online retailers was not a problem. But their marketing department, services, and employees are all worthless and extremely expensive venues that do not render results. And now that I've seen their other negative reviews that are quite stunning, I know now, that I too am among them. Varmints, is what I think of AuthorShysters based on my experiences, all attributable to the new name I've clonned which they highly deserve...AuthorShysters! And by the way, for my third book, I never received the marketing materials for that one. I only got the marketing kit for my second book this month (May 2023) after having published that one last year. This company's marketing practice and people are the absolute *****.

  

  Business Response

  Date: 06/06/2023

  Dear BBB,
  

  Thank you for giving AuthorHouse the opportunity to respond to ****************** complaint.
  
  **************** was assigned a marketing consultant to discuss the marketing options for her books. We offer many different options based on the genre and type of book.  Marketing is not required but instead proposed as an option.  We apologize if **************** felt bombarded.
  
  Below I have listed the two services noted in the complaint with an explanation of what they entailed along with their completion date.
  
  Publicity Marketing Service
  ****************** book was read by a publicist that had a conference call to discuss the book,goals, and ideal target audiences.  A strategic plan was personalized to highlight the tactics and strategies to use during the campaign in order to promote the book.  The publicist then distributed a press release to ***** media outlets chosen based on the book, areas of expertise or knowledge and personal goals. We then worked towards securing publicity opportunities through traditional media outreach and social media that *** include things like online media outlets, blogs, podcasts, social media pages,digital book reviews, newspapers, magazines, etc. Pitches were created for the targeted media that was discussed in the strategic plan and then pitched to professionals to potentially earn opportunities such as interviews, book reviews, or contributor articles. Throughout the campaign the publicist provided **************** with weekly communication on the progress and campaign efforts to ensure it was successful as possible. Upon completion, a report was sent to **************** summarizing the entire campaign. This service was completed on October 10, 2022.
  
  Retail ************* marketing service was created to help authors get their book into a physical bookstore.The book was pitched to 25 independent bookstores across the ** over the span of three months. This service included two print ads (currently on hold by request of ****************) and bookstore returnability. These are all things that physical bookstores take into account before stocking a self-published title.This service allowed AuthorHouse to help **************** accomplish this task.  This bookstore pitch service was completed on May 15, 2023.
  
  AuthorHouse cannot control the purchasing decisions of consumers or booksellers. We also cannot guarantee the success of the services or amount of book sales which *** result from the services.
  
  The marketing service representative is currently in touch with **************** regarding the issue with the marketing kit. It was not clear which book it was for or what exactly was missing so we have reached out to her via phone on June 5, 2023.
  
  In closing,we are not able to refund marketing services because they have been completed on the dates listed above and are considered fulfilled.  We are unable to complete the service for a second time. AuthorHouse is actively in correspondence with **************** in regards to the marketing kit.
  
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction
  

• Initial Complaint

  Date:05/24/2023

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Balboa Press, A ******** of *** House ***********, ******* Dear Executive Management,I write regarding Project # ******; Title: Teachings On Healing, From A Spiritual Perspective, and the tremendous difficulty I and other volunteers here have experienced in getting this book published. I am seeking full refund for the three projects we package purchased from you back in 2014, two of them are still waiting to start any process with you. The one we have with you is still not even fully launched four years later!I also point out that we were never aware that Balboa Press, a supposedly and certainly marketed as a managed ******** of *** House, is in truth not.The only reason why you were chosen by ** is the fact that you said in my many discussions with your sales staff, and certainly in your marketing and website, that you were a managed ******** of *** House Publisher, and that the same professionalism and publishing savvy of *** House Publishing would put ** in the hands of what ********************* credibility stands for. Placing our assets and volunteer commitments for these two authors thinking it was a Balboa Press-*** House managed organization, instead actually it being under Author Solutions management, under the guise of *** Houses, in our opinion is a form of fraud. We seek no further part of any entity managed by Authors Solutions. Their many ************* entities reputations speak for themselves across the publishing industry.In fact, their reputation of negativity is now showing up in yours and I can source many editorials and author opinions of how poor and unprofessional Balboa Press is and has become today. Those authors, as these two authors I volunteer support, are pulling away because we have no trust in your ability to do what you said you would, let alone who you actually are. We now see the distortion of your marketing and have experienced the lack of passion, concern and lack of professional client care you have delivered to us the past four years. The business practice I have experienced of you tells me that your goal is strictly revenue based on developing a scale of customers you in ways falsely finesse into your system.I have been in the mainstream corporate media business for over 30 years, as an EVP with the likes of *** Universal and Time-Warner, and I know how businesses are structured, and yours in no way projects a company reflective of what ******************* created with *** House. I and other professionals volunteer our time and resources to these two authors because they are the most perfect spiritual leaders and teachers on the planet, their words need to be heard and thats why we went to a company ******************* started and we thought managed. Your example of client process clearly reflects the other owned publishing entities of Author Solutions.We will continue our agreement with project # ****** -Teachings On Healing because the train has already left the station with that work, but will not work on further projects with Balboa Press/Author Solutions. I again request full refund in return for all of the frustrations, hardships and non-delivery of what you sold us. We only ask for what is fair and worthy, and we are positioned to take steps to prove our case, either in the press or in civil court.I hope you can take the highest road and allow ** our request.Sincerely, with regards,******************* ****

  

  Business Response

  Date: 05/30/2023

  Dear BBB,
  Thank you for giving us the opportunity to respond to Mr. ***** request for refunds of three publishing packages.
  
  Balboa Press is the self-publishing division for Hay House Publishing; however, we are managed by Author Solutions. This information is readily available both on our website (****************************************************)and the Hay House website (****************************************************).A screenshot of the Hay House website is attached for reference.
  
  Self-publishing is a way for authors to retain the rights to their work once it is published while simultaneously benefiting from our distribution network. They also have complete control over their work during the entire process. We offer publishing packages at different price points to best fit the individual needs of our authors. In addition to the services included within the packages, we offer a variety of editing and marketing services that can be purchased as add-on services.
  
  On January 8, 2015, the orders were placed for three publishing packages. At the time of purchase, each one was assigned a project ID number (PID). The first was for the Inspire publishing package for $2,949 and the Online Book Ads via ****** (30 days) service for $135.45. The grand total for the order was $3,084.45 and it was assigned PID ****** (working title: The Sharp End Of The Needle). The second order was also for the Inspire package and Online Book Ads via ****** (30 days) at a total of $3,084.45. It was assigned PID ****** and titled Teachings On Healing From A Spiritual Perspective. The last order was for the Discover publishing package for $2,199 with no add-on services. It was assigned PID ****** (working title: The Best Of The Film Industry). The Self-Publishing Services Agreements for each package were signed on April 6, 2015 via eSignature. All three agreements are the same,so we have attached the one for PID ******, but the others are available upon request. The son of one of the authors, *****************************, executed the signature on the agreements.
  
  As stated above, we strive to produce a book that best achieves the wishes of the author.This is why each step of the process requires author insight and approval before moving forward. The timeline for publication can be different from one project to another and is greatly dependent upon response time from the customer in returning necessary paperwork or corrections to the manuscript. While Balboa Press offers several editing services, the packages purchased in this case did not include any full editing. Unless one of our full editing services is purchased (such as Developmental Editing), we will not make any changes to text in the manuscript that the author does not specifically request. Even when a full editing service has been completed, the author must examine their manuscript and accept or reject the changes made by our editor before moving forward in the process. Similarly, while we offer a wide array of marketing services, we will only perform the services that have been purchased or are already included with the publishing package.
  
  The initial electronic proof files for Teachings On Healing From A Spiritual Perspective (PID ******) were sent to ************ and his team for approval in November of 2016. It is the responsibility of the customer to carefully review these files and request any modifications/revisions before giving approval for publication. Typically, one round of free corrections is given after the initial proofs are received. After reviewing the proof files,************ stated that their editor had found errors in the interior file and claimed they had been introduced as a result of our formatting. Between November of 2016 and October of 2017, ********** of corrections were done free of charge. During this time, ************ expressed his displeasure with having to provide us with corrections after each set of revised proof files was sent. The publishing package purchased for this project did not contain a full editing service, so changes to the text of the manuscript were the responsibility of ************ and his ***** As a gesture of goodwill, we offered as many free rounds of corrections as they saw fit. As stated in his filing, ************ volunteers for the authors to communicate with us about their projects. This meant that each time files needed to be reviewed, he would consult with the authors and their editor. This resulted in a significantly longer timeframe than is usual to complete the proofing process. Final approval was received in October of 2017,marking completion of the project. The publication date is listed as October 23, 2017; however, ************ requested at that time it be set to short run only status. This means that although the book was technically published, it was only available to purchase by individuals associated with their account. In December of 2017, ************ and his team purchased the resubmission service and made revisions to the book once more. The resubmission was completed on December 29, 2017. The book was changed to title live on March 14, 2018.
  
  Regarding the status of the incomplete projects, materials have been submitted for PID ****** and the text was evaluated by our content evaluation ***** In December of 2016, ************ asked if they could submit a new file in a different trim size. We have not received the new file. For PID ******, we received a PDF file of the manuscript and requested a copy of the text in ********* Word so that our content evaluation team could perform their evaluation. We have not received the Word file.
  
  After reviewing Mr. ***** account, we have determined that the three packages are no longer eligible for refunds. Section ten of the publishing contract stipulates that eligibility expired six months from the date of purchase. We will be glad to continue work with ************ and his team on the two projects that are still in production. If they wish to make further changes to the title that has already been published, we will be happy to help with that as well.
  
  In closing, we are unable to offer refunds for the three publishing packages purchased by Mr.***** ***** Per the terms of the Self-Publishing Services Agreement that they signed, refund eligibility expires six months after the date of purchase. In addition, PID ****** has been completed.
  
  
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction 

• Initial Complaint

  Date:03/09/2023

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I have had issues with this company dating back to 2018. I have paid for a publishing package as well as an additional charge some time around 2020/2021. A total of $5000 was paid to them with no product produced to me. I supplied my manuscript and ideas for pictures, they have never provided anything except more marketing ploys. I have tried to get in touch with them for a refund multiple times over the years and they keep sending me in circles "escalating" to a new boss, who never reaches out to me. Every time I try to call the boss I get sent to voicemail and my messages are never returned. I have been very clear to multiple representatives about my request for a refund and no one seems to care! I want my money back since they have not followed through with their end of the deal and provided my book to me!!! One representative told me that the manager would likely deny my request for a refund because "it has been so long"... It has only been so long because they dont answer the phone!!!!! Ridiculous! Would not recommend them to anyone ever! Just want my money back!

  

  Business Response

  Date: 03/14/2023

  Dear BBB,
  
  Thank you for giving Xlibris the opportunity to respond to Ms. ****** complaint.
  

  ************** purchased the Childrens Fairytale publishing package on January 30, 2018. She also purchased an add-on illustration service on May 4, 2021.
  

  Xlibris received the manuscript on September 24, 2018.  On September 27, 2018, the illustrations coordinator sent the custom illustration form as an attachment to an email. The form was sent again when a new representative was assigned to Ms. ***** on January 31, 2023.  In addition, there were several phone calls to follow up on any questions completing the form.  A majority of the time the representative left a voicemail.  There were four phone calls in 2018, five phone calls in 2019, and two in 2020.
  

  On August 5, 2021, Ms. ***** called in and spoke to customer service. Her representative was not available and Ms. ***** told customer service she would just call back.
  

  As of March 14, 2023, we do not have the completed illustrations form from ***************  This is mandatory in order to move forward with the illustrations.  I have requested that the illustrations coordinator send the email again with the attached form.
  

  ************** is correct in saying that we did not ***** a refund.  Per the attached Services and Distribution Agreement, Xlibris will not process a refund 90 days after the purchase date. In checking the notes on the account, there was never a mention of a refund until January 2023.  
  

  In closing, in order to move forward with the publication Ms. ***** needs to complete the custom illustrations form and email it back to her representative. Xlibris is not able to process a refund for the services ************** purchased because it has been more than 90 days.  We apologize for any inconvenience.
  
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction

• Initial Complaint

  Date:03/05/2023

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I am an author and my book is published by Xlibris. In the years that I have been with them, I have never received a royalty payment. I have purchased books myself at retail cost and have not event received payment from those! Even though I asked in plenty of time, just recently, I was told that I had just missed a quarterly payout and would receive payment in the next quarter which would be in February, 2023. When I asked about it in the first week of February, I was told it would be in the middle of the month, and when that didn't happen, I was told it would be in the first week of March. I still have not received a *****! They are giving me the run around and I am tired of it.

  

  Business Response

  Date: 03/08/2023

  Dear BBB,
  

  Thank you for the opportunity to explain ********************** royalties.
  

  First, we would like to point out that these issues have been addressed with ******************** in the last few months. Most information written below has already been provided to him.
  

  ********************** book was made available for purchase in 2004.Xlibris was acquired by Author Solutions in 2009 so any royalties prior to that are not available to us. Between 2009 and 2021, no sales were reported to us for ********************** book. The first time sales were reported to us was the second quarter of 2022. Sales were also reported to us for the third quarter of 2022.
  

  In 2021, Xlibris switched to direct deposit only for royalty payments. When he inquired about royalty payments, ******************** was told via email on November 15, 2022 that he would need to provide his bank information in order to be paid. He did so the same day.  This was too late to be paid in the third quarter 2022 payout, which occurs mid-November. This was explained to ******************** via email on November 23, 2022. He was told he would be paid in the fourth quarter 2022 payout, which occurs in mid-February, as ******************** has a legacy Xlibris account. 
  

  As promised, ******************** was paid via direct deposit in the fourth quarter 2022 payout:
  EFT000000206949  2/15/23  $23.23 ($7.33 tax withholding)
  

  This payment was accepted by the bank. He should check his account for a deposit from Content Distributors. This information was provided to ******************** via email on March 6, 2023. If he does not see the payment in his account, he will need to check with his bank.
  

  ******************** responded the same day that he had purchased copies of his book that were unaccounted for. He was told via email on March 7,2023 Please provide a receipt and I would be happy to look into where the royalties for your purchases are.  To date, no proof of purchases have been received. For obvious reasons, we cannot research the issue without a proof of purchase that shows from which retailer the books were purchased, the date they were purchased, and the quantity.
  

  ******************** is requesting:
  His money-as shown above and as emailed to him two days ago, he has been paid for all due royalties. The bank has not returned the payment, meaning it was accepted by them.
  An audit-while the Better Business Bureau does not do that, we can audit his account once he provides the proof of his purchases, showing retailer, date, and quantity.
  

  In closing, ******************* has already been provided most of the information included in this response. He submitted bank information too late to make the third quarter 2022 payout. As told would happen, the due royalties were paid in the fourth quarter 2022 payout in mid-February. The payment information was provided to him via email. The bank has not returned the payment, meaning they accepted the payment. In order to audit his sales and find the sales ******************** made himself, he will have to provide proof of purchase that includes retailer,date, and quantity.
  

  Sincerely,
  ***************************
  Global Director Author Satisfaction
  

  Customer Answer

  Date: 03/09/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  

  Good day,

  The solution is not acceptable to me because it does not adequately address royalties prior to the company's purchase of Xlibris.  I had no idea the company had been sold, even so, the company should have done its due diligence in making sure all royalties had been paid.  Moreover, regarding the payment they sent for $23 dollars, I purchased several books in the prior quarter that should have totaled more than $23.00 dollars, so I know that something is amiss and should be resolved immediately!
  

  
  Regards,
  
  *******************************

  
  

  

  Business Response

  Date: 03/13/2023

  Dear BBB,
  

  Thank you again for allowing us the opportunity to explain ********************** royalties.
  

  We did address the possible royalties from 2004-2008 in our previous response. Because Author Solutions did not own Xlibris at that time,we do not have access to that information. If ******************** had issues with the royalties in those years, he should have broached the topic then, not almost twenty years later. Also, we have a statute of limitations for payment reissuing that varies between six and ten years, case dependent. So even if we had access to that information, it is outside our statute of limitations for reissuing.
  

  We did not tell any author when we acquired Xlibris, nor have we told any author about any of our acquisitions.
  

  As we have told ******************** both via email and in our previous response, in order to research the books he purchased, he will have to send us proof of purchase with the retailer, date, and quantity. Until this is provided, we cannot research the issue. Since these were purchased by *******************, the proof of purchase should be easy to locate.
  

  In closing, both of these topics were addressed in our previous response. While we are not able to access that information, we would not reissue any payments made then as it is well outside our statute of limitations for payment reissuing. As we have told ******************** multiple times, he will need to provide proof of purchase for us to research the books he purchased.
  

  Sincerely,
  ***************************
  Global Director Author Satisfaction  

  Customer Answer

  Date: 03/13/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 

  Good day.
  Its no fault of mine that Author Solutions and Xlibris failed to let its clients know that they had purchased Xlibris.  Had I known, I could have requested my royalties then. Furthermore, it is not my fault that they failed to get all of Xlibris records in order to satisfy any owed royalties.  Moreover, I purchased books via a retailer during the time that Author Solutions had acquired Xlibris.  There should be record of that.  And, having recently completed a month-long marketing campaign on a *************** station, I know of people having purchased the book.  Is this something that the Attorney General should also look into?
  
  
  Regards,
  
  *******************************

  
  

  

  Business Response

  Date: 03/22/2023

  Dear BBB,
  

  Thank you for the opportunity to again explain ********************* royalties.
  

  When Author Solutions acquired Xlibris, the contact information (phone number, email addresses) were all the same. Therefore,contact information that ******************** had for Xlibris prior to the acquisition would have worked after the acquisition, had he contacted us regarding the missing royalties.
  

  As we have told him many times, in order to research his claim of missing royalties, he will have to provide proof of the purchase(s) so that we can research further. We cannot ask a printer or retailer to research sales without a date of purchase or quantity. That proof needs to include date purchased, from which retailer, and the quantity. We are unsure how to be any clearer on this.
  

  As stated in our previous response, Xlibris has a status of limitations of six to ten years, depending on the situation. Royalties earned outside of the statute of limitations will not be repaid.
  

  As we stated in our first response, ******************** had sales in 2022 and has was paid for those. Sales that are reported to us for first quarter 2023 (January through March) will be posted on the author center in early June and paid in late May/early June.
  

  In closing, as hes been told at least three times previously, he must provide proof of sales in order for us to research the issue further. Any royalties earned outside of the statute of limitations will not be repaid. He had sales in 2022. Any sales that are reported to us in the first quarter 2023 will be reported and paid in late May/early June.
  

  Sincerely,
  ***************************
  Global Director Author Satisfaction

  Customer Answer

  Date: 03/24/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 

  Good day.  I reject the business reply for several reasons: I was never told that Xlibris was being sold and, therefore, I had certain things to do.  I was never told about any statute of limitations on money owed to me from sales.  How would I produce receipts from sales from other distributors when they purchased on line?  It's a ludicrous thing to ask the author to be responsible for.  That's what ******* was supposed to be keeping records of!  In 2022 I did a marketing campaign with a radio station and I received information from them that over 500 people had visited their website regarding the book.  Mind you this doesn't include those who visited the the Amazon, Barns Noble, and Xlibris websites for purchase or the books that I purchased, which would have totaled more in royalties than what I received.  I have found other information where other authors are stating that they have been scammed by Xlibris as well and they are working on a class action suit.  Everybody can't be wrong.  Has the statue of limitations run out on everybody with a complaint?  I think the Attorney General in every state should be made aware of Xlibris' practices, along with American Greed, and every social media that will tell the story.  I would hope that this could be resolved professionally and accurately without a bitter battle.  Nonetheless, should the company continue to deny me my royalties', I will do all that I can to expose their financial practices.  
  

   

  Respect,

   

  *******************************

   

  
  
  
  

   

   

   

  Regards,
  
  *******************************

  
  

• Initial Complaint

  Date:03/02/2023

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I entered into a contract with xlibris publishing on 10-20-2022 to edit and publish my manuscript. The contract provided for three installments over three months. The contract provided by *******, states that I could terminate the contract within 90 days for a refund less $150.00. I cancelled my contract prior to the third payment being made. My decision was made due to the lack of support and poor communication for my project. I notified Xlibris via email on ***** 2022 of my intention to terminate my contract. I received correspondence on 1-20-2023 that a check was approved and would be sent the first week of February. However my street number was stated wrong which I attempted to correct via email 1-12-2023 in ample time if the check was to be released first week of February. I contacted the post office and they have not come across the missing check nor has anyone at Xlbris informed me that it was returned. I do not wish to disparage anyone. This should be a simple matter and with all the modes of communication available I feel this should have been resolved without escalating the matter. I would greatly appreciate the return of my funds. Thank you

  

  Business Response

  Date: 03/03/2023

  Dear BBB,
  

  Thank you for giving us the opportunity to respond to Mr. ***** request for the refund check from his publishing package.
  
  On October 20, 2022, ************ purchased the Black & White ******* publishing package for $2,249.50. He elected to pay in automatic monthly installments, which added a non-refundable payment plan fee of $75 for a grand order total of $2,324.50.He signed the Installment Payment Plan Agreement the same day, and the Services and Distribution Agreement on October 22, 2022 via electronic signature (copies attached).
  
  All materials submitted to Xlibris for publication must comply with our content guidelines. The guidelines are available on our website at any time (******************************************************************************************************************)or can be sent upon request. This policy is specified in section two of the Services and Distribution Agreement. To ensure compliance with the guidelines,the submitted materials undergo a content evaluation.
  
  On November 25, 2022, Mr. ***** manuscript was sent for the mandatory content evaluation. On November 28, 2022, an e-mail was sent notifying him that his manuscript failed due to potential libel/invasion of privacy issues. On December 2, 2022, he had a call with his submissions representative about the results and agreed that he would attempt revisions to comply with the guidelines. He sent an e-mail on December 14, 2022 again stating that he would try to make revisions to move forward. The final payment due for this package was attempted as scheduled on December 20, 2022, but declined and he requested a refund.
  
  Section four of the Services and Distribution Agreement details our refund policy for publishing packages. It states that if cancellation occurs after the content evaluation, we will refund 100% of the purchase price of the package less a fee of $400. As requested, a check was approved in the amount of $1,099.67 (the amount paid less the $75 payment plan fee and $400 content evaluation fee). On March 3, 2023, the check was mailed via **** Certified Mail to the address provided on Mr. ***** filing, tracking number 70220410000216909238.
  
  In closing, we apologize for any delays in the processing of Mr. ***** refund and/or mailing of the check. The check was mailed March 3, 2023 to the address he provided with his filing.
  
  Sincerely,
  
  ***************************
  Global Director of Author Satisfaction

• Initial Complaint

  Date:03/01/2023

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I published through xlibris in 2020. I was told I would be given book signing opportunities, movie rights, returns on my investment, and a lot more. I was scammed out of $50,000-$75,000.

  

  Business Response

  Date: 03/02/2023

  Dear BBB,
  

  Thank you for the opportunity to explain Mr. ********* marketing purchases.
  

  ******************** has published two books with Xlibirs-one published in 2020 and one published in 2021. He has purchased many add-on marketing services. While some of those have been fulfilled, others have not,due to ******************** defaulting on the payment plans.

  Below are the specific services mentioned in the filing:
  

  Book signing opportunities-Xlibris does not offer book signing services outside of the book fairs that we attend. ******************** did not purchase any book fairs so there would be no book signing opportunities for him.
  

  Movie rights-******************* purchased the ********* Producers Pick and the ********* ************* marketing services. However, he only made one of the three payments for these services.  Therefore, the services were not fulfilled.
  

  Returns on my investment-we do not guarantee a return on investment. As stated in Section 6 of Mr. ********* signed Services and Distribution Agreement, attached, SALES ARE NOT GUARANTEED. WE CANNOT CONTROL THE SUBJECTIVE PURCHASING DECISIONS OF CONSUMERS OR BOOKSELLERS. WE CANNOT AND DO NOT GUARANTEE SALES OF THE WORK. WE MAKE NO GUARANTEES OR PROMISES AS TO THE MINIMUM SUCCESS OF THE SERVICES OR THE AMOUNT OF BOOK SALES WHICH MAY RESULT FROM ANY OR ALL OF THE SERVICES.
  

  A lot more-We cannot address this one since it is not specific. However, as stated above,there are several add-on marketing services and two additional publishing packages for which ******************** has defaulted so those have not be fulfilled.
  He is requesting no further contact by Xlibris. His account has been placed on the Do Not Call and Do Not Email list so no further contact will be made by sales staff. Please note that this does not apply to royalty related contact and does not stop collections from calling regarding the defaulted payment plans. That said, it appears that collections stopped contacting ******************** quite some time ago about the due balance.
  

  In closing, while many of the services that ******************** purchased have been fulfilled, some have not because he defaulted on the payment plans. He did not purchase any book fairs to have book signings included, he defaulted on his ********* services, and we make no guarantees for a return on investment, as stated in the signed Services and Distribution Agreement. We have placed Mr. ********* account on the Do Not Call and Email lists. No further contact will be made by sales staff.
  Sincerely,
  
  ***************************
  Global Director Author Satisfaction