December 9, 2008
Tim Baer
Target Inc. Legal Department
1000 Nicollet Mall
Minneapolis, MN 55403
Dear Mr. Baer:
I have been retained by Mr and Mrs XXX. My client’s accepted an offer made by your company on their website to purchase car seats. They purchased five car seats at a price of $42.99 per unit for a total of $227.85 (please see the enclosed copy of the order form pertaining to this transaction). Upon finalizing their purchase by making payment arrangements, they were informed by your company that this transaction would not be honored and the agreement your company had reached with my client was void.
Unfortunately, your company made an offer to sell car seats for the advertised price and my client’s accepted that offer with consideration. The Potvins expect your company to honor the transaction that was entered into for the quantity and price originally agreed upon by Target when the initial order for five car seats was placed. Please fulfill your end of the agreement no later than December 27, 2008. If the order is not completed by the requested date we will take legal action to enforce the agreement that was made between my clients and your company.
Should you have any questions or concerns regarding this matter feel free to contact me at my office.
Very Truly Yours,
Jason L. Jansma
Attorney at Law
The above letter was in the initial stages of my other wise promising legal career. I considered redacting (and ultimately did after my buddy said he didn’t want his last name in my blog) the letter to protect the names of the innocent, but there are no innocent when it comes to this debacle. Let me start out by giving a brief history of my legal career to give this letter a bit of context. I started out as a prosecutor in Ogemaw County, the county seat is West Branch and it is located between Bay City and the Bridge just off I-75. I was there for a year and upon leaving they ended up getting a Super Wal Mart, it was akin to a large city landing an NFL franchise. From there I went into private practice at a firm where we were compensated based upon the actual revenue we brought in the door. This created an environment similar to what you would find at used car lot and it was a constant battle between the attorneys to get the best calls. My primary practice areas were family law (which I had never done before) and criminal defense, as well as handling a couple of auto cases which were fairly easy and paid out quite well.
From there I went to work for ADAM (American Divorce Association for Men) which was actually HESS, HESS, & KMETZ. My goal was to grow a criminal defense practice for the firm, but the lead partner unexpectedly passed away a year after I was there and the entire thing fell apart like Swedish furniture. Ultimately, after dabbling in the mortgage business (have you seen the idiots who do mortgages? not to mention the money they make) I hung up my own shingle and set my sites on Target.
My clients, the X family, didn’t have five kids in need of car seats at the time I made my demand letter to Target, nor do they have five kids now. Ultimately, they wanted to resell the car seats at a profit. Jon, the leader of this whole scheme, was and somehow still is a friend of mine, and is the one who put me up to writing the letter. In his mind it was an open and shut case, apparently he had watched just enough Law and Order Special Victims Unit to be dangerous. Unfortunately for him and me, they don’t cover basic contract law or the UCC (Uniform Commercial Code) on LOSV, nor do they address basic common sense. What they do have which makes up for it is Ice Tea in the prime of his acting career, how the guy never received an Emmy for his role in the show is beyond me.
Needless to say, Target never got back to me regarding my demand letter. My only regret is that I couldn’t be there when Mr. Baer (or his secretary) opened up my letter. Here is how I imagine it played out:
Mr. Baer, I feel like I can call him Tim even though we aren’t that close, is handed the letter by his secretary. Normally a letter like this goes directly into the shredder, but this one is so ridiculous, and my Tim Baer has a terrific sense of humor, so his secretary hands it to him to read. He reads the letter once, then he reads it again. He immediately calls a number of other attorneys from the Target legal department into his office so that he can read them the letter. One of the newer attorneys begins to ask questions about the advertisement and other issues he believes pertinent to the case so that he can prepare a legal memorandum, all of the other attorneys bust out laughing. They spend about five minutes making fun of the letter and decide that it needs to be taped to the fridge in the break room for posterity’s sake.
In my mind, the letter is still on the fridge in the break room, likely laminated to preserve it as it was beginning to yellow and fade. It’s generally acknowledged around the office that if someone seems to be having a bad day the remedy is either a stiff drink or a referral to the break room to read the “letter” in order to lighten their day. While I realize I may have breached attorney client privilege by posting this letter in my blog, what are your damages Potvin family? What are your damages!!!
I am considering sending a proposal to John Grisham to co-author a book loosely based upon this scenario where a big corporation like Target walks all over a needy family like the Potvin’s (who reside in Crystal Springs and drive a Town and Country minivan) it would be similar to the Rainmaker about an insurance company that completely f’s with a kid who has terminal cancer, the name of the book would likely be “Babies on Board” and in the book all of the kids die in a car accident because the parents don’t have the appropriate car seats for their brood of kids. While Ice T has been over looked for his exploits as an actor, a pulitzer prize would undoubtedly be coming my way if I get this book off the ground, or at the very least it would be selected for Oprah’s book of the month club.