Initial multi-plaintiff lawsuit complaint against PublishAmerica, June 2012

I have not made public statements about PublishAmerica, partly because I had never dealt with them (nor wanted to). However, among the numerous publishing-related companies and individuals about whom I have seen Internet discussion, etc., about their being a “scam” or eminently dissatisfactory or the like, PublishAmerica has seemed at or near the top of the list for most to whom these discussions are important.

While I do not have inside knowledge to say how much merit there is in the lawsuit filed by writers just a few days ago, with class-action status sought, one thing I would suggest is an obvious plus to the lawsuit is that it adheres closely to a set of facts in making the initial complaint. Even if the quality of what is presented as factual support varies, the richness of the full set—or even the fact that such a set is opted for at all—is a big help.

When it comes to media companies and professionals regarding whom there is suspicion of fraud, because such people can resort to dishonesty, hiding, and so on so readily in their self-defense, it is crucial that a lawsuit complaint go as far as seems reasonable for an initial filing to anchor itself to facts, rather than to state simply a set of bald, question-begging assertions that may suggest as much fraudulence or paranoia on the part of the plaintiff as they do wrongdoing on the part of the defendants.

You can see a copy of the complaint against PublishAmerica here or here.

Update:  The Writer Beware blog posted an entry today (9/28/12) noting that the lawsuit had been dismissed without prejudice, and that the law firm that had filed the original complaint was not going to re-file an amended complaint by the deadline. I might say a little more about this in the near future (without being an expert at all on this suit).