Broker Uses Conference to Publicize Suit

In what amounts to throwing down a gauntlet, a list broker distributed copies of a lawsuit he filed against Dun & Bradstreet to the press attending the 81st annual Direct Marketing Association Fall Conference last month.

The papers were placed in the press room at San Francisco’s Moscone Center by Spencer Schmerling, president and CEO of Direct Marketing Experts (doing business as A-A-A Direct), Westlake Village, CA.

The suit, filed in August, alleges that D&B tried to supply lists directly to Labor Ready Inc., a Direct Marketing Experts brokerage customer.

D&B learned of Labor Ready from Direct Marketing Experts, the suit continues.

“The big issue here is trust between broker and compiler,” says Schmerling.

Direct Marketing Experts seeks $3 million in lost profits.

Why publicize the case this way?

“We wanted to make quite a bit of noise,” Schmerling adds. “Our whole industry is about being creative and unique. That prompted us to think outside the box.”

A D&B spokesperson at the conference declined to comment on this latest development. However, in an earlier statement, D&B denied the charges and said it has enjoyed “a long-standing business relationship with Labor Ready that predates Direct Marketing Experts’ involvement with Labor Ready.

“At the request of Labor Ready, D&B provided the customer with a proposal offering a substantially different product than that offered by DME,” the firm’s statement continued.

“Just as D&B has had a long-standing business relationship with Labor Ready, D&B has also worked successfully, and with integrity, for many years with the direct marketing broker community. D&B will continue to pursue, support and honor business relationships with marketing list brokers.”