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View Full Version : Class action lawsuit, a possibility..?




detz
Apr 29, 2009, 12:58 PM
That's the last thing I want to do but the payment issue is just asinine. It's been months without payments(missing since December) and there is no way to get in touch with them except email which they don't seem to answer very well. I've sent four different emails over the past few months and nothing and all calls are rejected. Financial reports come late and payments come late or not at all.

This is getting ridiculous, how is anyone supposed to run a business when income coming in is reliant completely on when the third party Apple has hired to do this decides to send it.



fishkorp
Apr 29, 2009, 02:03 PM
Have you ever subcontracted or 1099'd before? This is fairly typical behavior. Many subcontractor agreements with large and respectable companies explicitly spell out that it will be a minimum of 90 days before you get paid. I've known some 1099ers to go unpaid for 6 to 8 months at a time. App Store "work" isn't any different in my opinion. If you haven't gotten paid since December, there's probably something wrong with your contract or banking information, as many (most?) others have gotten paid every month and within a timely manner. I quadruple checked my information before submitting it since you can't change it easily once it's submitted, and I've been paid every month and haven't had any issues at all. Every person I talked to said that when starting a business or going off on your own, make sure you have enough money in the bank for a minimum of 6 months, because that's probably how long it'll be before you start getting paid.

The financial reports aren't "late" by the agreement you signed. You may think they're late, but they're not. They have until May to give us our March financial reports. If you didn't like that idea, you didn't have to sign the agreement. Same thing for payments. I think (I could be wrong) they have 45 days from when you get the report to pay you. So it's legal for you to not get paid for 3 months and there's nothing you can do about it. (Again, my numbers might be slightly off, I can't verify right now, but I thought it was 45 days and 45 days, no?).

detz
Apr 29, 2009, 02:57 PM
Have you ever subcontracted or 1099'd before? This is fairly typical behavior. Many subcontractor agreements with large and respectable companies explicitly spell out that it will be a minimum of 90 days before you get paid. I've known some 1099ers to go unpaid for 6 to 8 months at a time. App Store "work" isn't any different in my opinion. If you haven't gotten paid since December, there's probably something wrong with your contract or banking information, as many (most?) others have gotten paid every month and within a timely manner. I quadruple checked my information before submitting it since you can't change it easily once it's submitted, and I've been paid every month and haven't had any issues at all. Every person I talked to said that when starting a business or going off on your own, make sure you have enough money in the bank for a minimum of 6 months, because that's probably how long it'll be before you start getting paid.

The financial reports aren't "late" by the agreement you signed. You may think they're late, but they're not. They have until May to give us our March financial reports. If you didn't like that idea, you didn't have to sign the agreement. Same thing for payments. I think (I could be wrong) they have 45 days from when you get the report to pay you. So it's legal for you to not get paid for 3 months and there's nothing you can do about it. (Again, my numbers might be slightly off, I can't verify right now, but I thought it was 45 days and 45 days, no?).

I contract out all the time, if this is typical behavior with your clients then you're getting bent over. When I invoice clients I usually give them 15 days, if they don't pay I stop all services. This is the first time I've actually sold a product so it's a little different since removing it wont really hurt them any so they have me by the balls.

The contract says(I'm pretty sure) payment will be made 45 days after the end of the month...so, if my math is right they're about 75 days late on the December payment. I was getting payments for most countries but I have always been missing some so after waiting on emails I faxed over new switch codes for the failed countries. Since that fax no payments have come through so even though i said on the fax and in multiple emails to ONLY change the swift code for certain countries my guess is they changed for all of them so now it's broken. Like I said, I've tried calling just to be told I have to email and now I'm about to send my fifth email over with no response back.

fishkorp
Apr 29, 2009, 03:00 PM
Apple's payment and processing is lightning fast compared to contracting for the US government ;)

ethana
Apr 29, 2009, 03:17 PM
I am on board for a class action. If you do go forward with one, have your lawyer contact me.