The Drumbeat 2000 & Macromedia Saga
Filing a Claim in Small Claims Court
It is unlikely that Macromedia will suddenly decide to listen to the repeated requests of its customers. This has been made clear time and time again on the Newsgroups by Macromedia employees. The only thing which seems to impact Macromedia's decision-making process is money. By each of us uniting in our common self-interest we can send a powerful economic message to Macromedia. Contrary to popular belief you do not need to hire a lawyer to take a case to small claims court. See the links below for more details. If you need evidence for your claim please see Complaints Filed Against Macromedia - 5/22/2000 (also available as PDF file or RTF file.)
We will send the following message (hopefully by the hundreds or thousands) to Macromedia.
The amounts that can be collected from a successful small claims court case vary from state to state ($1,500 - $15,000). The average is $4,300. If we assume the average, 250 Drumbeat users = $1,075,000. 500 Drumbeat users = $2,150,000. 1,000 Drumbeat users = $4,300,000.
Therefore, all Drumbeat customers who purchased the product from Macromedia (Elemental Software users are not eligible) should email these individuals at Macromedia. In order to file a claim in small claims court, you must also send it in writing to the company. A sample letter/email is included below. Email the following people at Macromedia. You can also send email to the Macromedia Board of Directors and other senior management at Macromedia and express your dissatisfaction with the way in which the company has handled the situation.
firstname.lastname@example.org - Rob Burgess, President & CEO
- Bryan Allum,
Senior Vice President
- Kevin Lynch,
Senior Vice President, Product Development
- David Mendels,
Senior Vice President, Marketing
email@example.com - Beth Davis, VP Marketing
More information on Small Claims Court Filing
Check any of these resources, your local state information, or serahc on the Web for small claims court to find out how to file. There is a small filing fee. In New Jersey it is $12.00.
Lawguru.com - Small Claims Court Questions and Answers - Find out how to file a claim
How Much Can I Sue for in Small Claims Court - Nolo's Legal Encyclopedia - state by state amounts
Mr. Rob Burgess
As a result, I have spent $[Dollar amount]
on the purchase of Drumbeat 2000 (invoice copy enclosed). In
addition, I have had to purchase software X for which I paid $[dollars]
in order to operate the program under Windows 2000. I also have had
to purchase Y book $[dollars] or have taken Z
training course $[dollars] in order to learn
how to use the new software. My total expenditure in order to rebuild my Web
Sites on my computer that runs Windows 2000 is $[dollars].
I am officially requesting that Macromedia announce by June 15, 2000 its plan to provide a Windows 2000 patch for Drumbeat 2000 and a new Service Pack to fix the bugs introduced by Service Pack 2. The announcement should include a planned date of release for both software patches.
If Macromedia fails to respond by June 15, I
will immediately file this case in small claims court. The terms
of my claim would be restitution for the cost of Drumbeat at $[dollars],
the cost of software X $[dollars], the cost of Y book $[dollars]
training course $[dollars] The total value of
my claim is $[dollars].