Paper Not Delivered

(WSVN) - Some people love to read their morning newspaper. Unfortunately for them, getting it delivered each day can sometimes be a problem, but if your paper is not delivered, do you have a right to get your money back or get someone else to deliver the paper that day? It’s why one man called Help Me Howard with Patrick Fraser.

When Floyd Kelly retired, he thought it meant slow easy days. Not so he says…

Floyd Kelly, no Miami Herald: “I have a home and two cars and a dog and a wife… pretty busy.”

But before he gets going each morning, Floyd turns to two things.

Floyd Kelly: “A cup of coffee and my paper…”

Floyd enjoys getting the Miami Herald for the news stories and…

Floyd Kelly: “The ads on Wednesday and Sunday, I like to get the coupons.”

But lately, Floyd hasn’t gotten his coupons or his newspaper.

Floyd Kelly: “The paper is not being delivered. For the last two weeks, we have not got a paper. Before then, it was periodically.”

Each day, Floyd walks out his front door — no paper.

Each day, he says he calls the Herald. They have heard from him so often, the electronic message begins with an apology.

Electronic message: “I understand you have had several days of delivery issues. We apologize and want to assure you we are working hard to ensure your newspaper is delivered.”

Floyd says the Herald does give him a credit for the days he calls and complains, but he doesn’t want a credit.

Floyd Kelly: “I don’t want to do that. I want the paper.”

Floyd is not alone in his model city neighborhood. His brother-in law’s paper isn’t being delivered either, leaving them both wanting the same thing.

Floyd Kelly: “And they say to me, ‘Mr. Kelly, we are doing the best we can, etc. etc. If I could do anything else for you…’ Get me a paper.”

The day we interviewed Floyd, we brought that day’s paper for him. An ad from the Herald urging people to subscribe to the newspaper made him smile.

Floyd Kelly: “My thought was to try to satisfy the customers they already have.”

Well Howard, I assume you get your money back if you don’t get your morning paper, but people like Floyd want their newspaper. Legally does the Herald have to then deliver that day’s paper?

Howard Finkelstein, 7News legal expert: “Legally, this is interesting, and it involves what the law calls specific performance — meaning if you have a contract, you have to do what you promised to do, but the failure to deliver a newspaper is not covered by that law because your legal remedy is to get your money back. So bottom line, if the delivery person doesn’t show up, you get your money back but you don’t get your paper that day.”

I spoke to a Herald representative. Obviously it was a carrier problem and I was told it would be corrected. The very next day, Floyd’s paper was delivered and has been since then. I was also told if your Miami Herald is not delivered you can still get it that day if you call between 6 and 10 a.m. Monday through Friday and 7 to 11 a.m. on the weekends.

And if you get frustrated with delivery problems like Floyd did, you can cancel your subscription and the paper has to return your money, but that’s not what Floyd wanted.

Floyd Kelly: “Once Help Me Howard called ’em, they took care of the problem right away.”

Floyd is getting his paper again, letting him start his day the way he wants.

Floyd Kelly: “Yes, I am completely happy that I am getting what I paid for — The Miami Herald on a daily basis.”

Of course you may be thinking, read the paper online to avoid those delivery problems, but many people like to have the paper in their hands, particularly older people who like a paper more than computer. Give me both, and 7News, of course.

Subscribed to the belief every problem has a solution? Feel like you have a paper thin chance of taking care of it? Then contact us. We have some news for you. We deliver on time. With this Help Me Howard, I’m Patrick Fraser 7News.

Reporter: Patrick Fraser at
Miami-Dade: 305-953-WSVN
Broward: 954-761-WSVN
On Twitter: @helpmehoward7

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