Crazy Client

<p>Here is the background:<br /><br />Family session (at their home) with 7 children, 4 adults. <br /><br />I send an online proof gallery which my clients chose their favorites from, then I edit those, and send for FINAL approval before they decide sizes and amounts and pay.<br /><br />I sent the proofs: she stated "I love them all!"<br /><br />She chose her photos for editing. I edited them, sent back to her for final approval. She again said "LOVE IT"<br />She wanted one just a touch darker, so I did that. Response was "GREAT"<br /><br />She paid via paypal for her prints. I ordered them minutes later.<br />It was an estimated 5-7 business days for delivery. they arrived on the 7th day (she was already emailing demanding a refund for them taking so long, although it was WITHIN estimated time limit still).<br /><br />She came to pick up her photos and yanked them out of my husbands hand, demanding a refund (never even have looked at them). She said she "hated" them all.<br /><br />They were EXACTLY what she had loved and ordered.<br /><br />I told her I would exchange any she was unhappy with but I would NOT refund her for photos she approved and LOVED more than once. <br /><br /><br />She refused to leave my property without cash in hand, I again refused.<br /><br />She left and said I have 10 days to refund her the sitting fee and print costs or she is taking me to court.<br /><br />I have printed and screen shot ALL of our email exchanges. (I was beyond polite in all of them, even used a smiley face once or twice)<br /><br />Besides being insane, does she have any ground for suing me?<br /><br />I gave her EVERYTHING she asked for and APPROVED through email. As well as delivered on time.<br /><br />Help!</p>

<p>People can, and do, sue for any number of reasons, valid and not so valid. Very often, when dealing with situations like this, you don't know the full story. Maybe she found someone who does work she likes better, for less than you charged. Maybe her husband told her you flirted with him. Everyone seems to feel entitled to rage and indignation when every single item is not done in the minimum time at the minimum price - you said five days, you probably held on to them for two days because you are lazy!</p>

<p>It's hard to do, but I'd take a deep breath, and not lose sleep over it. If you feel she may be violent, call the police and report the incident at once, but most people are bluster more than action. If what you've described is accurate I can't see how you have anything to fear.</p>

<p>Thank you. And yes, everything is as written above.<br />I have never had a client upset with me before. I am just beyond upset.</p>

<p>Clients like that are like bad weather. It's no good when your house is hit by lightning, but you can't take it personally.<br /><br />Clearly the client has some other issue beyond your services or the results, or <em>you</em>. You'll probably never know what it is. Could be as simple as realizing she shouldn't have spent the money, for household budget reasons... and she thinks that the bit of theater she just did is the best way to get you to simply refund everything despite her agreement with you and initial approval of the work.<br /><br />Perhaps compose a follow-up letter expressing your mystification at her most recent exchange with you, and include hard copies of her own glowing "love it" language. Use such a letter to put the timeline on the record (well, to show her that you have your act together and that you're willing and able to put it on the record, should it come to that). <br /><br />Really unfortunate that whatever her problems are, she's taking them out on you.<br /><br />Lastly, be careful in a public forum with (no matter how well deserved!) the word "crazy" while providing enough information to make it pretty obvious who you're talking about (child head-count, etc). She does sound like a challenge, but don't hand her any more ammo for her irrational stance on things.<br /><br />Me caveman, me not lawyer. (do you have a lawyer?)</p>

<p>I wouldn't write a follow-up letter. Given what you've said, the most likely consequence is more of the same. What you have to worry about is her posting on every forum, yelp, etc., and the quicker it dies, the better.</p>

Since she paid by PayPal, she can open a claim with them, but she must do so within a limited time. When PayPal sides

with a buyer, the seller has almost no chance of keeping the money paid.

 

Otherwise, depending on your jurisdiction's rules, all she can do is sue in small claims court. The emails she sent you

would probably get the case dismissed.

<p>There is almost certainly something else going on here that you probably won't ever know about. I wouldn't worry about it another minute. If she wants to sue you she will and so what? Of course she'll likely have to put out a substantial sum to do so and that may make her think twice. Move on, deal with it if it comes up again. Everyone runs into this kind of client.<br /><br />Rick H.</p>

The question is if the client has any grounds for sue. Since you describe performing your obligations and with evidence to back it up, there doesn't appear to be any valid basis to do so, The client may have some sort of mental health problem or is otherwise given to sudden irrational behavior changes. I would try to keep any communications written at this point. I agree with Jeff that web media postings are a more likely threat, Often people behaving irrationally are not entirely so and won't push things where they will suffer humiliation or other negative effects. Posting vindictive negative reviews doesn't tend to feature such consequences.

<p>She posted on her own FB page, but she has very few "friends". Her daughter is the one who sent me a screen shot of her "ranting."<br />I have decided to just let it be. If she pursues anything, I am prepared and heavily backed up with with evidence for doing everything properly.<br />There was/is no pleasing her. <br />Her daughter stated that she does this often to get things for free, because most people just cave.<br />As far as the negative publicity, FB is removing her post and my lawyer has sent her a notice of intent to file for a slander suit if she continues. <br />And as far as effecting my current or future clients, I have very reliable, faithful clients. They are wonderful about singing praises to others. And I would like to believe my quality of work speaks for itself. I post on multiple media sites, my webpage and blog. Everyone who would look for me would find ample examples of current work. As well as current client reviews. <br />She is the type of client I wish to permanently avoid. But as Rick stated, we all run into this type of client. Unfortunately, she was my 1st in 5 years in business. <br />Thank you everyone for your input. It was appreciated.</p>

<p>For what it's worth, I might suggest:<br>

1) Use a contract (which is not mentioned above) that clarifies (e.g.) the non-refundable sitting fee, etc.<br>

2) Widen your delivery timeframe to give yourself more leeway. 30 days from approval to prints is not unreasonable. 5 days seems awfully short.<br>

3) Delivery the prints to the customer's home; that way you can leave when you're ready.<br>

Sounds like your other actions are proving fruitful; good for you. Not much you can do about her behavior since you didn't see this coming. Awfully nice of the daughter to provide additional information.</p>

<p>Having so effusively praised and approved the images in writing there is no court that would side with her. Sounds from what here daughter said that she is just trying it on but if she tries to do a charge back via Paypal I would sue in small claims.</p>

<p>Oh, she did do a charge back on PayPal. It is pending their review right now, I escalated it to a claim and sent in all of my correspondence with her as well as screen shots of her using my photos with "Love" and "My Fav," Etc as captions on her FB. <br />I will not allow myself be a victim of this type of person. I am prepared and ready. And now, am more aware of what to watch for in a client.</p>

<p>She’s full of hot air and going through “princess-beeyatch” syndrome. Court fees and the cost to hire a lawyer to take you to court will most likely cost her more than she spent on a sitting fee/prints. I’d say, “go ahead. Let me know the court date.”</p>

<p>Maybe one of the things to be wary of is people who want to pay using a mechanism that may allow them to recover their payments whether you agree or not, and without incurring the costs and logistics issues associated with suing you. Suggest that if you had cash or cleared cheque it would have been more difficult to cause you a problem. Right now you're at the mercy of Paypal and you've felt the need to do work to defend yourself. </p>

<blockquote>

<p>"Maybe one of the things to be wary of is people who want to pay using a mechanism that may allow them to recover their payments whether you agree or not"</p>

</blockquote>

<p>+1<br /> WW</p>

<p>Hopefully you have some kind of agreement in writing as to what you would do for her, such as a contract that was signed before you took any photos. If you end up in court a signed written contract is very, very helpful. Oral agreements are very hard to enforce. And don't assume your judge will know anything about the photography business (although we do have a Superior Court judge here in my town whose first career, before law school, was professional photography.) <br>

Now, if you have a signed contract, and you can show that you did what you were obligated to do under the terms of it, then you generally win in court. So it is a matter of having the contract that specifies what your obligations were and you also need evidence proving that you complied with those, such as the photos you took and the screen shots of her approvals. <br>

I also agree with David's advice as to payment method and to the other advice cautioning you about posting too many details in a public forum like this. <br>

And FWIW, I am an actual lawyer with lots of courtroom experience. On most days my lawyering is actually a lot better than my photographing....... </p>

 

<p>Oh, and I would discourage you from writing a follow-up letter too. You have to be careful with that. Assume that whatever you write to her from this point may end up as evidence in court, so it should be written with that in mind---preferably by a lawyer if the economics of the problem justify that expense. </p>

I had a client , it was a pr job, try this many years ago, almost the exact same language. Since you have her positive

comments in writing I think you are on solid ground. Do this: register your copyrights on all of the photos and if you are

friends with an attorney who litigates contract work have her or him draft a letter saying that all further correspondence

needs to be addressed to them, and letting the woman know that the copyrights are registered and that any attempts at

reproducing the photos will start a copyright violation suit against her.

 

I am also willing to bet a dime that if you check with your county courthouse you'll find a stream of liens and judgements

against her. She sounds like one of those people who always scheme to get something for nothing.

<p>I'm not in photography (my business is manufacturing), but we have always offered a 100% satisfaction guarantee. Like you (one bad apple in five years), I can count on one hand the number of customers who I think blatantly took advantage of our policy. Most people are decent and honorable. Very, very few are not.</p>

<p>Its probably too late with her, but in general, I firmly believe in the philosophy that says "you never win an argument with a customer". Refund the money, take your lumps, and move on. Even if you are "right" according to the lawyers, it is almost always cheaper in the long run (ie, one less person in the world out there bad-mouthing you, no legal fees, no loss of focus on moving your business forward) to settle it quickly.</p>

<p>Just my $0.02...</p>