Miracle-Ear Payment Fight

Johnson & Quin Inc. has sued F.S. Marketing Service Inc., alleging that it failed to pay for four direct mail printing jobs.

The jobs were conducted for Miracle-Ear Inc., an F.S. Marketing client.

At press time, it appeared that the firms were close to a settlement.

F.S. Marketing disputed $48,535 in charges for a January job that mailed late. In addition, a programming error on that job resulted in the loss of one or more telephone numbers for local Miracle Ear outlets on approximately half of the 510,000 mail pieces, according to court documents.

Johnson & Quin, Niles, IL, claims that charges for the remaining three jobs, totaling $222,669, were undisputed by F.S. but have not yet been paid.

Those mailings, initiated between December 2000 and March 2001, totaled about 2.7 million pieces.

Miracle-Ear sells hearing aids and related devices.

The settlement discussions were confirmed by Paul Lehner, an attorney for Johnson & Quin at the Chicago law firm of Adducci, Dorf, Lehner, Mitchell & Blankenship P.C.

The lawsuit was filed Oct. 18 in U.S. District Court for the Northern District of Illinois, Eastern Division.

Earlier this year East Greenbush, NY-based F.S. Marketing, which does business as Proforma F.S. Marketing, filed a breach of contract suit over one of the Miracle-Ear jobs against Johnson & Quin in New York. The action was dismissed on jurisdictional grounds, according to the new complaint filed by Johnson & Quin.