Nondelivery of photos and video

Hello, I stumbled across this site when looking for advice on how to handle

wedding photographers and videographers who don't deliver the final product.

 

If I'm in the wrong place, any advice would be welcome!

 

We married just over a year ago in Canada (we live in the US). Our

photographer was recommended by a relative, as was our videographer. For the

past 6 months at least, our photographer has been giving us the run around. He

provided us with CD's of our photos at "20% quality" a week after the wedding,

and proofs a year after the wedding. Three months ago, we gave him a list of

the photos we wanted in our album, parents' albums, etc.

 

We have tried calling him simply for a status update and he is avoiding our

calls. He lives with family and we speak to his relatives as opposed to him.

He is, we found out too late, notorious for this. I don't know if we'll ever

see our pictures. He is insisting on full payment before sending us our

albums. Yes, we have a contract, but I don't believe it covers anyone. It has

no terms for delivery by X date or in X days, months, years.

 

Same with the videographer, except he's worse. He doesn't answer the phone.

 

What can we do?

 

Thank you for any input!

You need a web site for lawyers, not photographers. The time frame is an indication that these people are defrauding you.

Wow. What a jerk. When was your wedding? Who told you he was "notorious" for this kind

of stuff? His family?? That's pretty bad! I'd try to find out who else he's worked for and call

them to see if they ever got their pictures. If they didn't, I'd threaten to sue him and see if

that scares him at all. If it does and you get your pictures, good. If it doesn't, then really

go and file suit against him. In small claims court they can't force him to give you your

photos but they can force him to give you all your money back if you show that he hasn't

lived up to reasonable expectations. Maybe then he'll get off his butt and finish for you.

 

In any case, sorry you got a crappy jerk of a photographer! Post an update and let us know

what happens.

 

Sarah / Roxy and Kai Photography / www.roxyandkai.com

Thanks for your replies! I figured that as photographers, perhaps you knew what I could do with contracts that weren't that specific...

We got married in July 2005. I found out the photographer wasn't trustworthy after the fact. Before the wedding, since he was recommended by my husband's uncle, I figured we were safe. Worst case, we can print the pictures from the CD he gave us. My bigger concern is the videographer, who filmed my sister in law's wedding a few years back with great results.

Wedding photographers who defraud occasionally get sent to prison like other crooks:

 

http://www.startribune.com/462/story/588221.html

 

Very sorry to hear what's been happening to you. Personally, I happen to think it is long past time for an attorney to get involved on your side, but that's just my opinion.

Like most people, you're probably trying to avoid paying for legal advice or going to small

claims court.

 

The next best thing is the threat of court. Write your photographer and videographer a

certified letter. Notify them that you'll be pursuing the matter in court if you don't receive

X by within XX days.

 

One thing though: it's not so unusual for a photographer to require payment in full before

creating and/or delivering products. After all, each album is custom and can't be resold,

so photographers require payment up front to prevent being stuck with an $1100 album

and no income.

 

Is there a way to meet with the photographer in person to hand over a check and receive

your album in person? Or, if the album hasn't even been created yet, will the

photographer accept a 50% deposit with the rest paid upon delivery? To protect yourself,

you should ask your photographer to open a PayPal account so that you can pay him with

a credit card. This way, if he still does not deliver, you're able to charge back the

purchase.

 

Just make sure future interactions are detailed on paper. If you come to an agreement

about a timeline or delivery date, get it in writing. Otherwise you're right: you don't have

much to stand on.

 

Good luck though! I really hope you're able to get your memories back!

"The next best thing is the threat of court. Write your photographer and videographer a certified letter. Notify them that you'll be pursuing the matter in court if you don't receive X by within XX days."

 

Pardon me, but I don't think that is good advice to give someone. A demand letter is best handled by an attorney, or written with the advice of your attorney.

 

Are you aware of the Fair Debt Collection Practices Act? When one acts as a debt collector, and threatens to take the debtor to court, the law stipulates they either have to do it, or they cannot threaten it.

 

IANAL either, but I would hesitate to give someone legal advice that could very well change their ability to collect later on, because they made a threat that was illegal under the FDCPA and lost their standing to seek collection of a debt claimed.

 

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

If the photographer and videographer are both in Canada, you will need to seek legal advice from a Canadian attorney-at-law and pursue action within their jurisdiction.

 

Jen

Good point! If the wedding took place in Canada, but the contract was executed in the USA, I wonder which nation's debt collection laws prevail? In any case, O/P said she lives in USA now, so I would check with a US attorney first - they can certainly advise if it is out of their bailiwick, I would guess.

Wigwam,

 

If they plan to take it to court, they MUST first prove that they've communicated clearly

with the photographer in writing. When I said "threat" I wasn't seriously suggesting that

they "threaten" anyone. But it needs to be made VERY clear, IN WRITING, what their

intentions are so that the photographer can respond appropriately.

 

If they take the photographer to court, but can't prove that they ever had any

communication with the photographer, then they may not have a solid case.

 

Yes, a lawyer is best. No, I'm not an attorney. But the above info is pretty standard.

 

Sorry if I gave off the wrong impression!

 

-Anne

Am I missing something? or did everybody else miss this line here?

 

"He is insisting on full payment before sending us our albums."

 

It sounds to me like you still owe him money. I don't deliver prints without first being paid either.

You have to pay before receiving your album. You cannot walk out of a store without paying for your items first and this is in the same realm. The person not taking your calls is a different matter.