WEST PALM BEACH (CN) – A nonprofit nurses association claims in court that Biography Series LLC defrauded it of $26,400 by promising to feature it “in a public television series hosted by a famous television personality, such as Joan Lunden or Hugh Downs.”
The American Association of Heart Failure Nurses sued Biography Series LLC in Palm Beach County Court, alleging breach of contract, fraud, and deceptive and unfair trade.
The nonprofit nurses’ group claims: “Under the guise of numerous companies including Biography, the principals of Biography contact nonprofit organizations, via telephone, and ask to include those organizations in a public television series hosted by a famous television personality, such as Joan Lunden or Hugh Downs.
“Later, the nonprofit organization is asked to defray the production costs of the television program to be aired on public television.
“After payment by the nonprofit organization, these television programs are never produced nor aired by public television stations.”
Neither Downs nor Lunden is a party to the complaint. In fact, the nurses claim, PBS and Lunden have posed warnings on their websites about groups that claim to be associated with them, but are not.
“In or about July 2011, Biography made a telephone call to AAHFN to induce AAHFN’s participation in a public television program hosted by Joan Lunden,” the complaint states.
“Shortly thereafter, Biography asked AAHFN to help defray the costs of the public television program hosted by Joan Lunden.
“On or about July 22, 2011, AAHFN entered into a contract … a copy of which is attached hereto as Exhibit C, with Biography to wherein [sic] Biography agreed to, in part:
“a. produce a 3-5 minute educational segment hosted by Joan Lunden
“b. distribute the educational segment to public television stations in all 50 states, for unlimited broadcast estimated to reach 60 million households
“c. produce a 1 minute commercial segment
“d. ‘broadcast [the commercial segment] once in primetime in over 84 million homes via MSNBC, CNBC, CNN or equivalent network.’
“On or about August 23, 2011 AAHFN paid Biography the contractually agreed upon sum of $26,400.
“At no time prior to August 23, 2011 did Biography advise AAHFN that it had a policy of not making refunds, cancellations, exchanges, or repurchases.
“To date, Biography has taken no action to produce the agreed upon the public television program hosted by Joan Lunden or to otherwise satisfy its contractual obligations.
“On April 24, 2012, AAHFN sent written notice of termination to Biography and demanded a return of the $26,400.00 fee.
“AAHFN has failed return any portion of the $26,400.00 fee,” the complaint states.
The American Association of Heart Failure Nurses wants its money back, plus interest, costs and fees and an injunction.
It is represented by Jonathan Morton with K&L Gates in Miami.