by Andrew Albanese —
(This article was originally posted on Publishers Weekly.)
“Federal judge Denise Cote could soon decide whether the ongoing case against self-publishing service provider Author Solutions will go forward as a class action. In the latest round of briefs, attorneys for the plaintiff authors argue that a common question sits at the core of the case, and merits action class status: “Did [Author Solutions] engage in a fraudulent scheme to sell authors worthless marketing services?” But in a reply motion filed last week, Author Solutions attorneys claim the case is without merit, and falls short of the requirements for class certification.
Notably, the latest round of briefs details an evolving case, including a “shifting roster” of author plaintiffs, and a narrowing of the case from the the initial complaint. First filed in spring of 2013, the initial suit alleged that Author Solutions misrepresents itself as an independent publisher, luring authors in, and then profiting from deceptive and fraudulent practices, including “delaying publication, publishing manuscripts with errors to generate fees, failing to pay royalties, and up-selling ‘worthless services’ to authors.” The proposed class action case before Judge Cote now includes three subclasses of plaintiffs and is limited to iUniverse authors (a division of Author Solutions), and/or to Author Solutions customers who purchased “standalone marketing services” from the company.
At the heart of the case is an alleged “deceptive” scheme to lure authors in with promises of sales and marketing exposure, when the “primary goal” is not to sell books, the plaintiffs argue, but to “sell services and books back to authors.” In filings, attorneys for the authors paint a picture of Author Solutions “consultants” with little or no publishing experience, selling “worthless” services to unsuspecting authors. “[Author Solutions], as part of a company-wide policy, hides from consumers that it is a telemarketing operation,” plaintiff attorneys argue, “with no stake in the quality or retail success of its authors’ books.” …
(You can read the full article at Publishers Weekly.)