ComplaintsforLifestyle Publications, LLC

• Initial Complaint

  10/27/2023

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  City Lifestyle is a spam magazine maker. I have never signed up for their magazines and I have asked for them to remove me from their mailing list. Despite being assured I would be removed from their list back in May of 2023, I continue to receive this unwanted junk mail. Further attempts to get them to stop harassing me have, to this date, been ignored. I have a right to no be harassed by consistent junk mail and have no obligation to provide them for any reason. this harassment and lack of responsiveness is not what I would expect from a company in good standing with the BBB.

  Customer response

  12/05/2023

  The company has addressed my complaint and I would like to withdraw this filing with the BBB. It appears I might have waited too long and it has auto closed out and will be listed as customer remains unsatisfied. What can I do to formally withdraw this complaint?

• Initial Complaint

  02/22/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Resolved

  More info

  A local branch of this magazine (******** **** **********) used one of my most iconic photographs as an inside cover print ad for three of their issues. These issues were also still available online until this past week. When I contacted them and told them this was copyright infringement, the editor and owner first told me an outside design agency had created the ad. Then, later in the day, she said that an unpaid intern at the magazine had created the ad and that she was sorry, but the copyright infringement wasn't intentional. When I explained that this was still copyright infringement and that I needed to be paid for the advertising use of the image, she replied that print is in a tough market, that profit wasn’t a priority, and that she wouldn’t pay the amount I proposed even if she could afford it because it wasn’t fair or reasonable. She instead offered an editorial opportunity in the magazine. When I told her that ad space in their magazine was not an appropriate offering, and asked her what she considered fair and reasonable, she stopped communicating with me and took the digital version of the ad off of the three online issues of the magazine. This magazine's editorial process is extremely flawed and companies or businesses that advertise with them should be warned that ads they pay for have been and could be created with stolen artistic work. Rather than simply paying me for the use of the image, they are now trying to cover up their copyright violation. As an advertising company, they should know better.

  Business response

  02/22/2023

  My understanding is that the local publisher has been very open about the image use. I believe some of the materials were provided by an outside agency, but the actual image in question was downloaded by the intern (it could be that the intern provided the image to the agency – I am not sure of the specifics).

  I think you misunderstood her response, as she wrote that she WOULD pay if a fair and reasonable amount could be agreed upon (quote, “I have no problem doing the right thing as long as it is reasonable and hope we can come to an equitable arrangement.”) Her offer of trade/editorial was a good faith attempt to add value to the settlement.

  I do not think she has stopped communicating but is trying to determine how much she can offer as settlement. As a very small business, a large cash payout will be tough for her. Be assured she will be reaching out and is committed to doing her best to make this right.

  We manage the production of over 150 magazines across the country and our training and systems make this kind of mistake very rare. On occasion, something like this gets through and we join with the local publisher in apologizing that this happened. Nobody is trying to cover up anything, but we are trying to help and everyone is doing their best to correct any and all infringement as quickly as possible and work on the best settlement offer the local publisher can offer.

  Thank you for your patience-

  Customer response

  02/23/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********. The editor of Chandler City Lifestyle Magazine has agreed to pay me for the used image and we have resolved the issue amicably. This resolution is satisfactory to me.
  
  Regards,
  
  ****** ******

• Initial Complaint

  12/19/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  1. Date of Transaction: I signed and paid $6,000 on October 31, 2022 to be an Owner/Publisher of a magazine franchise called **** *********. My local magazine was going to be Port City City Lifestyle. They are headquartered in Kansas City *** ** **** ** ****** **** ** ***** ************ 2. I paid this scam/religious cult $6,000.00. 3. What the business committed to provide They committed to provide was ownership of a local franchise magazine, as an independent contractor, and not as an employee. They committed to providing online training within 7 days of signing the agreement and paying the money. They failed to do that. Online training started 14 days after signing agreement. They committed to providing in person training within 30 days of signing the agreement and paying the money, they failed to do that, they provided in person training after 33 days from signing. This all will become further relevant when you look at one of the attachments that talks about the Deposit and Nondisclosure agreement 4. What is nature of dispute Their breech of contract. They took $6,000 from me, and said they would return the whole amount, then said only 4,800. I have received ZERO from them. 5. Did business try to resolve Not yet they have not. They said they deposited my money last Monday, but none has been returned to me. I was told in a text message which is included by *** ******* Recruiter, that I would get 6,000 back, and also in an earlier call from him. I was then told by **** *********, apparently a replacement of ********* ****, who handled on boarding, that I would only get 4,800. My desired resolution is to have the $6,000 returned to my bank account, and also be reimbursed for the plane ticket and the transportation and meals that I had to buy while in Kansas City. Totaling another $1,100.00.

  Business response

  12/20/2022

  *** **** signed a Deposit and Non-Disclosure Agreement with Lifestyle and paid an Initial Franchise Fee Deposit. She had not yet been offered the franchise. Regarding the deposit, the Agreement reads in part, "the Initial Franchise Fee Deposit shall be *non-refundable* in consideration of the administrative and other expenses incurred by Lifestyle Publications in allowing Publisher to evaluate this opportunity and for Lifestyle Publications’ lost or deferred opportunity to franchise to others" (emphasis added).

  Although the deposit was non-refundable under the Agreement terms, Lifestyle agreed in good faith to refund all but $1,200, which was kept to cover direct costs of materials purchased for her. And her attachment from *** ******* never promised a $6,000 refund, as that was not owed by Lifestyle.

  Lifestyle, in fact, attempted the refund, but, as can be seen on the attached transaction receipt, her bank declined the refund. Lifestyle was only recently informed that *** **** did not receive the money and is willing to send a check instead if *** **** is unable to resolve matters with her bank, which matters are completely outside of Lifestyle's control.

  To clear up her misunderstanding of the Agreement terms and address her complaint, Lifestyle had no contractual requirement to offer training within 30 days. Rather, it was *** **** who was required to complete training in 30 days. On this matter the Agreement reads, "INITIAL TRAINING PROGRAM. Publisher must complete, to Lifestyle Publications’ satisfaction, the (a) online training program within seven (7) days from the Effective Date, and (b) in-person training program within thirty (30) days from the Effective Date. The online training program and in-person training program are referred to collectively as the “Initial Training Program.”"

  Again, Lifestyle is ready and willing to refund $4,800, even though it is not due under the Agreement's very clear terms. *** **** can coordinate with her bank as to why the bank is rejecting the refunds attempts by Lifestyle or can request a check for the refund offered instead.

  Customer response

  12/20/2022

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Assumed Answered] 
  Complaint: ********
  I am rejecting this response because:
  Regards,
  ******** ****

  I have repeatedly contacted Lifestyle Publications via email, text and phone calls, and NO ONE responded back to me each time. I called and left a message to call me.  I even asked the Recruiter who I should talk to about my refund as recently as December 19th. Every day I checked my bank account, no deposit of $4,800.00 I just spoke with my bank and they said that no attempt to deposit $4,800 or any other amount of deposit from Lifestyle Publications has been attempted.  The bank said that maybe the company incorrectly entered the account number, that would cause it to be rejected.  They also said that the company that tried to deposit the refund would be notified that the transaction did not go through. By the company's own exhibit, aka, "**** ******,"  Lifestyle Publications knew this refund was rejected on December 13,2022 at 11:15:25 CST. I am requesting a paper check in the amount of $4,800.00 be issued and sent immediately to: ******** **** **** ********* ****** ********** ***** ******** ***** Only then I will agree that this complaint is resolved
  

  Business response

  12/21/2022

  We have been in touch with *** **** to overnight the $4,800 payment. If she doesn't not want this we can simply retain the non-refundable fee that was paid. This refund was offered as a good faith resolution, not something that was in any way required.

  Customer response

  12/26/2022

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Assumed Answered] 
  Complaint: ********
  I am rejecting this response because: I keep getting the run around regarding the $4,800 refund. I was told on December 20,2022 that I would be "overnighted"  the refund of $4,800.00. Of course, I received nothing.  I then contacted the company today, and they said that they thought it was already overnighted. **** claims he will find out tomorrow where the refund is.  I will not be satisfied until this money is back in my account, then I will agree the complaint is resolved.
  Regards,
  ******** ****

• Initial Complaint

  10/09/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I signed an agreement for a 12 month ad space in the magazine at a cost of $475 per month. (Back story this was the second time I had dealings with them). They promised me an editorial which was ran which was elementary at best. 6 months in I realized that I didn’t receive a single call from this ad being run. I emailed the editor in September to cancel my subscription and was advised that there would be a $200 cancellation fee. In November I noticed a charge on my card and again reached out to her. She basically told me that I would be charged $875 per month if I cancelled. This would bring the total cost of the 12 Month subscription to double he agreed upon rate. She told me there was nothing she could do. How is a company allowed to charge a person two rates at a time? It’s either you are going to charge me a cancellation fee but not a cancellation fee and double what was agreed upon. I will be contacting my bank ad well to prevent them any further access to my account and will be reporting them to anyone who will listen. Judging from all the complaints here I’m not alone

  Business response

  10/13/2022

  I do not read anything in the complaint that demonstrates this client was misled in any way or that Lifestyle did anything wrong at all. The client seems to have changed their mind about the continued advertising but does not want to follow the terms of the contract they signed. They clearly write that they signed a 12-month agreement and wanted to cancel halfway through that term.

  Based on the statement this was the second partnership, the advertiser must have determined there was value in a second advertising term. If the advertising yielded no results, I am not sure why they would have pursued a second term of advertising.

  Some advertisers seek a free story in the magazine and then attempt to cancel the ad contract right after to maximize the value of their marketing. Our contract cancellation terms are very clearly presented on each Advertising Agreement. It is the longest section in the contract terms to be sure it is clearly communicated and cannot be missed. I have copied the section below. Advertisers agree to a term of months to get a discounted rate. If they cancel early, they forfeit that discount and must pay the month-to-month (Open) rate for the ads published plus a $200 cancellation fee. Until the payment is made, the contract continues as agreed.

  _________

  Cancellations. Advertiser understands that Lifestyle Publications offers discounted rates for multi-month contracts, and that Lifestyle Publications relies on Advertiser’s agreement to fulfill a multi-month term in its business planning, in determining magazine layout and forecasting, and in determining publishing rates and schedule. Advertiser understands and agrees that Lifestyle Publications will incur damages that may be difficult to quantify by Advertiser’s early cancellation.
  
  If Advertiser cancels this contract for any reason, Advertiser will be charged a $200 cancellation fee and all published advertising and design services under the contract will be re-invoiced at the open (month-to-month) rate for advertising and the applicable design services rate published in Lifestyle Publications’ most current Media Kit. Advertiser understands that the monthly ad rate in the most current Media Kit may differ from and supersedes the rate presented at the time of signing for the purposes of re-invoicing under this section.
  
  Upon cancellation, Advertiser will be charged the most current open rate for all editorial content published as part of the Advertising Agreement, if Advertiser had not been previously charged for it. Editorial content shall be charged at the open rate for advertising, according to the size of the editorial. For example, if editorial is a full page, the Advertiser will be charged the open rate for a full page ad.
  
  Advertiser must give written notice of cancellation 20 days prior to the next scheduled ad submission deadline. The contract will only be deemed cancelled when Advertiser has paid in full all amounts due, unless otherwise stipulated in writing by an authorized agent of Lifestyle Publications.

  _________

  Lifestyle has simply honored the contract terms as agreed and fulfilled its end of the bargain.

• Initial Complaint

  06/05/2021

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I was contacted through ****** ** from a salesperson who said he wanted to meet to discuss networking together. We met at my office back in on 10/8/20. He started talking about him & his wife starting up a business & asked if I would be interested. He then went into different options. He showed me an ad & stated that it would be $1,660 for 3 years. I then stated, well that does not sound too bad as that would be about $400 a year or a little more. He never said anything differently. He had me sign the front of a paper & turned it over and asked me to sign the back of it. He never went over any of it or explained that this would be a monthly fee ever. He said that he would contact me by January & let me know if they would be up and running & would not be billed till he knew he was going to continue or have enough people signed up to do-. I was then billed in Dec. & called him very upset. It was not until Jan. 23 when I was billed again that I knew something was very wrong.

  Business response

  06/07/2021

  I have responded to this former client's complaint in the past directly to her. For the purposes of this response, I have attached the copy of the contract she sent to me, which clearly contradicts some of her statements. For example, the face of the contract clearly shows that the $1,660 price is in the "Monthly Price" column, right next to the "# of Months" column. The Total Sales Amount on the face of the contract is clear and unmistakable, further undermining her claim that she was unaware.

  As a good faith gesture, we cancelled the remainder of the contract without penalty, even though additional fees were required under the contract terms for early termination.

  In short, the contract was clearly presented and easy to read. Its terms were straightforward and understandable. The purpose of contracts is for a case just as this, so there is no question later as to what was agreed to earlier. This contract was unambiguous on all points.

  It should be noted that the former client is a life insurance agent and should be very familiar with contracts, the importance of contract terms, and the idea of reading any contract before one signs. (I am also doubtful - although it is possible I am wrong - that she goes over every policy term with her own clients before they sign.) Her disputes with her credit card company failed because we have done nothing wrong. This complaint is a last-ditch effort to harm our company rather than fulfill her obligations. We fulfilled ours, went above and beyond, and did nothing wrong.

  Thank you-

*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. ↩