Telespectrum Worldwide, Inc. v. Gracie Marie Enterprises, Inc.

2000 U.S. Dist. Lexis 17608 (2000)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P and D entered into a written contract wherein P agreed to make political telemarketing calls for D in connection with various elections to be held that fall. The work was divided into programs by geographic area and type of call, and each had specific requirements contained in a program guide. For each program, the dates, times and number of calls to be made were specified, and in cases where a regional accent on the part of callers was considered desirable, particular P facilities or 'call centers' would be utilized. On Thursday, October 29, 1998, P's main computer server completely malfunctioned, or 'crashed,' as did backup computer system. P's ability to transmit call data was severely compromised. P also experienced significant work attendance problems on Saturday, October 31 and Sunday, November 1, 1998-- the weekend before Election Day. D was not informed of the extent and severity of the computer and attendance problems at the time they occurred, and P solicited additional political telemarketing assignments from D during this time. Much of the work contracted for prior to Election Day was not completed. D was compelled to discount its services when it billed its own clients, specifically, Direct Impact and Campaign Solutions. P submitted an invoice for telemarketing services in the amount of approximately $1.2 million. P admits that this invoice was inaccurate, but contends that it is owed over $900,000 for services that were actually performed, and for which D was paid by its clients. To date, D has paid P $213,801.