i was the bride

<p>Hello, i have been sent here from photographers and friends to post my problem to see if i could get some assistance in what to do next. I got married august 31st 2014 and my photographer was great even though she didn't get me set up to take photos before the wedding which is what i really wanted. We took photos as a couple out in a separate area and she was there for 7 hours. As of today i have not received a single picture from my wedding or a preview there always seems to be a excuse and she states that she had to send them out to a lighting specialist because the shade was a natural disaster (which its not) and its not her fault. I still asked to see the photos and i have been ignored. It was a very special time for my husband and i we have been through alot and at this point i would like to get my photos and money back she has breached contract "in her contract it states that she will give me a preview before 45 days" i posted a review to her fb photography page that stated the date i was married and 4 months later i had not received my photos she has deleted her fb page and started a new one. I don't want to harass her i just want my photos and as bad as it sounds i even asked her for unedited photos and i would have someone else edit them and she has continued to ignore me and make excuses she gave me a set of dates to pick from to have a sit down meeting with her recently and i did and i have not heard from her since. WHAT DO I DO?? please tell me anything and everything that would work in my favor ive been told i could file fraud, small claims, legal letter, contact the police station. I would like to hear from professionals</p>

<p>Wow. Okay. That sucks. I'm sorry you are having to deal with a bad photog.</p>

<p>In the end, you may have to prioritize what you wish to get out of this. I obviously don't understand what is actually going on with the actual imagery, but you should brace yourself for the possibility that you will never see an image. I think it is very possible, if your synopsis is completely accurate, that the only person who will get a straight answer out of her is the judge sitting in front of the two of you. IME, continued excuses tend to imply only that they do not want to tell you the truth. In this context, there is only one truth that a photog is afraid to tell.</p>

 

<p>A hearing in small claims court might be the only way to resolve this obvious case of fraud. If you're not comfortable with that, I wonder whether assistance from your local Better Business Bureau might help. You can probably file a case with them online.</p>

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<p>WHAT DO I DO?? please tell me anything and everything that would work in my favor ive been told i could file fraud, small claims, legal letter, contact the police station. I would like to hear from professionals</p>

</blockquote>

<p>Legal professionals? I ask this rhetorically because these questions are inherently legal with little to no relation to photography. But some practical experience could be given too hopefully. <br /><br />In any event, if someone is to be accused of fraud, there should be some evidence that there is fraud. All that is written here are excuses that may be false. But there is no account that there was a purposeful effort to commit fraud or similar purposeful misconduct in conducting the transaction or contractual work. More likely is that the images were poorly done or ruined in some way. Perhaps extreme laziness. <br /><br /> A "legal letter" from an attorney could be sent in the form of a demand for contract compliance or a refund which may produce results from more sensible people. But it doesn't actually enforce anything. Its an effort to scare people in to compliance. It may also look good in court to show you exhausted efforts to have the matter resolved.<br /><br />Contacting the police will not be useful unless it can be shown there is some criminal intent. If other people are experiencing similar problems, there may be a pattern that shows intent. I know of a photographer convicted for larceny related crimes and the pattern was critical to the case. A one time situation can be explained away as a failed shoot and just a civil contract breach issue.<br /><br />If you are getting nowhere through social pressure, non-court legal pressure, making offers to compromise and so on, then you will need to go to court. Small claims is adequate for a refund. It may not be for obtaining an order of "specific performance" for delivering the unique images. A different level of court may be required depending on what jurisdiction is involved. Plus, the images may not exist in any event. They could be lost or claimed as lost and no one would know otherwise.<br /><br />I regret to report that a refund may be your only viable legal remedy.<br /><br /><br /><br /></p>

<p>Given a choice between a legal remedy that may result in a refund but no pictures, or exercising a bit more patience and getting pictures...</p>

<p>Suggest another attempt at ascertaining a delivery date but do so in a friendly and understanding way before calling in the legal team. If that involves a half-hearted apology for the FB comment, then try do so in a manner that appears sincere.</p>

<p><br /> Good luck; this doesn't sound like a good situation that you are in.</p>

<p><i> If you're not comfortable with that, I wonder whether assistance from your local Better Business Bureau might help. You can probably file a case with them online.</i> -- Howard V.

 

<p>All Better Business Bureau -- non-government entity -- can do is note the complaint, to tell somebody else at a later date. BBB does not have any legal authority with which it could compel the business bent on being terrible to do anything good.

Keep in mind that even if you win a refund in small claims court it will still be up to you to collect. However if the don't

cogh up the cash, you can the place a lien on either the business or if they aren't incorporated, directly on the

photographer. And that will hurt.

<p>Try calling again, ask if there is anything she can get you in time for family to see together at Christmas. If still nothing it is time to talk with small claims court or a lawyer.</p>

Hard to believe that someone would act that way without a reason. Logic says one of two things is happening:

 

- she lost all your images in a drive crash or other catastrophe, and is ashamed to admit it

- she's buried in more work than she can handle, and for some reason, known only to her, has pushed your work to the bottom of the pile.

 

Neither case is good for you, but you might try them out on her to see how she reacts and maybe work something out in terms of a partial refund. Good luck, and remember that, while the pictures are important, perhaps you can collect iPhone shots from all your guests and salvage something.

<p>parv, I wasn't implying any legal benefits from BBB. But if people went there to check out this photographer and saw that others had problems, it could help a little. <br>

As for those who see no fraud here, it's rather obvious to me that a contract was made and the photographer ceased to deliver after a number of requests and time passed beyond that of the contract. How is that not fraudulent behavior?</p>

<p>The BBB doesn't cover many areas and have little impact on a wedding photographer's credibility.<br>

A letter from a lawyer is the best bet as small claims court would be limited in what they can award in damages.<br>

I would assume the pictures are a lost cause, with a faint chance that it's simply photographer laziness. That being said, this is the wrong venue for advice, legal matters are best asked of lawyers.</p>

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<p>"As for those who see no fraud here, it's rather obvious to me that a contract was made and the photographer ceased to deliver after a number of requests and time passed beyond that of the contract. How is that not fraudulent behavior?"</p>

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<p>Because none of that demonstrates that the photographer never intended to perform.<br /><br />http://www.legalmatch.com/law-library/article/breach-of-contract-and-simultaneous-fraud-claims.html<br /><br /> Under your standard, any time a contract goes unfulfilled, no matter the reason, it automatically becomes of fraud merely because of the passage of time. That makes no sense. Fraud often leads to criminal liability and enhanced remedies in civil claims. The risk of breaching a contract would be so high that it would deter people from even entering in to them or drive up prices to make up for the risk. The economy would collapse.</p>

<p> </p>

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<p>"small claims court would be limited in what they can award in damages."</p>

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<p> It is unlikely that the contract price exceeds the jurisdiction's small claims damages limit. There would be no point in even having small claims courts if it were futile to bring small cases like this because of drastic dollar limits. <br /><br />http://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html<br /><br /></p>

<p>Though perhaps a bit of a long shot, some local prosecution agencies have consumer protection units that can be of help, particularly if she has engaged in a pattern of such behavior. Years ago I managed to extract a print (from a triathlon) I'd ordered from a photographer that way; he'd blown me off for months. I found out where he was based, and called the local city attorney's office's consumer protection unit. Turns out he had been doing this to a lot of people, so I was able to just sit back and let the public prosecutor do the rest of the work.</p>

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<p><em>"WHAT DO I DO?? please tell me anything and everything that would work in my favor ive been told i could file fraud, small claims, legal letter, contact the police station."</em></p>

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<p>Breach of contract is a civil matter and the police won't get involved. <br>

<br>

The probability of getting your pictures seems pretty slim so I would gather the original contract with all correspondences with the photographer pre/post wedding and compile a chronological sequence of events - you'll have to do this anyway. It can then serve as an attachment to a demand letter, addressed to the photographer, which you can write yourself or (better) through an attorney for a couple of hundred dollars. <br>

<br>

Give the photographer a precise date as a deadline to comply with your demands - the photos as per contract signed, or in the alternative, a full refund with costs. Include your intention to take this matter through legal channels if she fails to comply, and be prepared to take this to court. <br>

<br>

</p>

It really perturbs me to read this thread. As a society, especially in America (I live in Canada), we have an agressive

litigations environment, when in reality the courts should be used as a last resort to deal with damages. You will not get

what you want; the images if you sue at this point. In fact by posting public negative feedback within 4 months of the

shoot, bring in the authorities (BBB, etc..), and threatening to sue significantly reduces the chance to acheive your

objective, and shows a level of immature impatience on your part. Slamming the the photographer and initiating a law suit

will only get you at best a result of having your money returned with no images. All the photographer has to say is "the

hard drive crashed".

Did you check out the photographer's portfolio and references before your hired him/her? Was this an outdoor shoot with

high contrast sunlight and heavy shadows? Sounds like the photographer was inexperienced in this type of envirinment

and as a result the images are sub-optimal. That said, you have to make a decision: do you want the less than perfect

images taken at the time of the actual event or your money back? You do not get both. So, follow the forgoing advice and

all you wll get back at most, is your money and do another staged shoot.

I suggest you contact a reputable congenial professional photo editor, check out their references/portfolio, explain the

situation, and ask them to engage the photographer with a written authorization from you to get copies of the RAW

images. At that point you can meet with the photo editor to see what can be done with the images. Do not bring-up the

threat of litigation, otherwise no one will want the hassle of delaing with you. You may also want to contact an associated

of the photographer in a friendly manner to elicit their assistance in securing the raw images.

<p>Frankly, the photog has (according to the OP): a) violated completely the terms of her own contracts, b) repeatedly lied, or at least misled the OP, and c) shows no sign of ever delivering any of the pictures. While I agree that litigation should be the last resort, there is no indication at all (according to the OP) that there is likely to be any other way around.</p>

<p>However, on the remote chance that the images<em> can</em> be delivered, doing so <em>should</em> be prioritized. To that effort, I think I would also make a post on her new FB page. Social pressure is an effective tool. However, you should make the post ambiguous enough that it doesn't require she delete her page again, but instead prompts further communication.<br>

So, for example, instead of: "My wedding was 8/31 and I have yet to see a single picture, WTF?!?!"</p>

<p>Simply post something like: "Hey, it's me, can you schedule delivery of my pictures sometime this week, I know you are a bit behind but I want to get the images in time to get some prints for xmas! ...it's coming up fast!" </p>

<p>How much did you pay and what were you supposed to get for your money (in terms of hours of coverage or number of photos, etc.) We sometimes see posts on here where the bride was supposed to get eight hours of coverage and 1,000 photos -- all for $300. Not that it does you any good now, but extremely low prices are often an early warning that you will get exactly what you paid for. Unfortunately, they also mean that you have little legal recourse because there's not enough money involved to justify hiring an attorney or even to justify going to small claims court.<br /><br />At this point I would contact the photographer, preferably by phone, and in very friendly terms tell her you are willing to take whatever she has and that if there was some kind of "technical difficulties" that's OK. Threatening to sue, call the police, posting nasty things on her Facebook page is only go to make her go defensive.</p>

<p>as contrary as this advice may be, you want your photo's, tell her you'll pay an additional $100.00 if you can get them by Xmas or New Years...i know you shouldn't have too but she's holding the additional expenses over your head (sort of)...you want the photos, they're more valuable then a few extra dollars...people are funny when it comes to money and out of spite, she could make it difficult for you...be careful about annoying her...use a legal remedy if you have too but i'd consider talking with her further...</p>

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<p><em>"threatening to sue significantly reduces the chance to acheive your objective, and shows a level of immature impatience on your part."</em></p>

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<p>Richard, the legal channel is the only proper forum to resolve disputes if two people sitting across the table can not resolve their differences. <br>

<br>

The OP has an enforceable contract which was breached, and no amount of good faith attempts at resolving the matter over the course of 4 months have produced an amiable resolution. <br>

<br>

A photographer's service is no different from any other contractor; if you hire a roofer or a driveway paver and they fail to fulfill their contractual obligations, took your money, and ignore you, you sue. What's immature about that? <br>

<br>

We live in a litigious society because there are tortfeasors who refuse to abide by the law, or believe they are above the law. These are not people you want to appease. <br>

</p>

<p>This is scary. It's almost as if, to be safe one needs to hire two wedding photographers - for redundancy (and the safety that comes with that).</p>

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<p>“ . . . It's almost as if, to be safe one needs to hire two wedding photographers - for redundancy (and the safety that comes with that)."</p>

</blockquote>

<p><br /> Not really, but I think that any B&G need to perform due diligence and research before hiring any Vendor for their Wedding, for any prospective B&G who might be reading this thread, Craig Shearman asks a relevant question and makes a pertinent point, which they should seriously consider.</p>

<p>It might be that maggie did indeed research her Photographer and ask for references and view albums of previous Weddings covered and this might be an isolated and unfortunate incident: I don't know.</p>

<p>But the fact still remains that, we do see on this forum often - quite a few B&G who hire a Wedding Photographer based essentially on Price and do not necessarily meet the Photographer and interrogate his/her products samples and seek out references, prior to their Wedding.</p>

<p>WW</p>

<p>If the photographer DELETED her FB page after seeing your negative review, you know that she has no interest in resolving this. She's also in all likelihood not a professional wedding photographer as there is no such thing as a "lightening specialist". You'd either send them to a post production house if you outsourced your editing or a recovery service if there was an issue with the memory cards.<br>

<br />In short - you're probably not going to see a single frame/file. You have two options - get your contract and pay an attorney for an hour of their time to send her a demand letter. Or skip that step and file a small claims case in civil court. </p>

You can call the local news station. I've seen a few photographers get busted on the news. One of them had to close his

doors. He failed to deliver photo's to people. It was that simple. He said his computer died and he lost a few

weddings.

 

Hopefully this didn't happen to your photographer. Usually if one person is having issues there are others. A

news crew surely gets to the bottom of the problem fairly quickly, within just a few days.

 

Yes it sucks. Keep us posted. Hope you get some photos by Christmas time.

<p>Any updates on this?</p>