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Open Question - Photographer Ripoff?

June 7th, 2007 @ 5:26 pm by Open Question

We had engagement pictures done at the beginning of May, and I just received my prints yesterday that I ordered. There were several things that occured during our experience with the photographer that I am becoming increasingly upset about - and I’m wondering if anyone has any advice on whether or not I should say something to her, complain, write a letter, etc.

1. I chose this photographer based on a kiosk in the mall. I really liked what I saw and picked up the brochure that was there. In the brochure, it stated that if you spent between $0-$250 on ordered prints, you could buy the “proofs” for $49. There was a $100 “creation fee”/sitting fee. So, going into this, I figured, okay, we’ll just buy the proofs and this will cost us $150 total. Well, we went in to see our proofs, and told her we were basically just interested in buying those. Well, IN FRONT OF US, she grabbed the brochure and crossed out the $0, then told us we would have to spend $250 in order to even BUY our proofs FOR $49! We were totally thrown for a loop and ended up walking out of there not even ordering anything. After some prodding, she printed out a thumbnail print of each photo that I took home to order from later (even that was like she was going out of her way).

I even wanted to see one picture one day at her studio but she is only open from 10-4, and would not stay late, (late being 4:10! and her studio is AT HER HOUSE) for me to come in and see one freaking picture. Working full-time, I was never able to even see the picture and had to order it looking at a thumbnail print, and now I don’t even like it.

The prices of her pictures to order were outrageous (at least for this area) at $38 for a 8×10 and $26 for a 5×7! (I realize things may be different across the country, but around here, that’s very expensive compared to others).

So, to make a long story longer, I paid $250 for 4 engagement pictures. The “proofs” that we didn’t order weren’t even real pictures, but they were printed off on some glossy mini-notebook looking thing.

Do I have a right to be pissed? Because I am! Does anyone have any advice or am I just $250 poorer and out of luck?

-Andria

23 Responses to “Open Question - Photographer Ripoff?”

1.
J says:

1. Complain to the Better Business Bureau. If you’re reporting what you read accurately, that sounds like a classic bait-and-switch.

2. I certainly hope you didn’t contract with this woman to do your wedding pictures. If you did, you need to get out of that contract ASAP.

3. Proofs doesn’t mean prints, so I don’t think you really can complain there.

6/7/07 at 5:33 pm (reply)
2.
bunnybride0108 says:

Since you paid, I think you are basically $250 poorer. Crossing out the $0 on the brochure would have been a huge red flag for a number of people as well as only seeing thumbnails to order from.

Was there a contract signed beforehand stating the terms in the brochure? If there was then go with that and you can take her to court.

However, I think you may be stuck cutting your losses. Call the BBB and report her for false advertisement if you want.

6/7/07 at 5:35 pm (reply)
3.
Miss Snow Pea says:

I agree with J #1. Do you still have the brochure where it said $0-250. I would definately report her.

6/7/07 at 5:36 pm (reply)
4.
TS says:

Actually, I would write a letter to her describing exactly as you just did everything that happened, and tell her that you are very upset. Deliver the letter in hand, and tell her that you are very unhappy, wanted to let her know so you put all your thoughts in a letter, and are considering reporting her to the better business bureau. You may get a refund on the spot- but if not, do report her.

6/7/07 at 5:38 pm (reply)
5.
kgr says:

You could try to take her to small claims court if writing a letter and reporting her to the BBB.

6/7/07 at 5:45 pm (reply)
6.
bliss says:

That BBB is there for a reason so I too would suggest to issuse a complaint with them. Save other brides from this ordeal. I would also lodge a complaint with the mall management, since she is allowed to advertise there.

6/7/07 at 5:47 pm (reply)
7.
Mthreestudio says:

As a photog myself, I’m appauled. That is terrible behavior. If it is a classic “bait and switch” she is terrible at it. Absolutely write her a letter, send it certified mail so you know she got (she will have to sign for it) and describe the situation as you have here (but calmly) and say you are planning to report her to the BBB if she does not make good on the promises she made to you. Give her a time frame to respond within. If she doesn’t, then report her. I think it is always good to give someone a chance to correct a situation, and it sounds like she might be new to the business.

6/7/07 at 5:54 pm (reply)
8.
Iris says:

Tell her you’d like to work it out, but if a fair resolution cannot be reached, you are not shy to file complaints at:

1) BBB
2) Office of the State Attorney General for your state
3) Photographers’ associations (if she held herself out as belonging to one)
4) local business licensing entity at the municipal level (if she held herself out as locally licensed, OR she was lawfully required to but failed to do so)
5) local TV station that does consumer advocacy reporting — Hugely effective!!!
6) Federal Trade Commission (last resort; works better if you are in different states so there was interstate commerce activity)

I would NOT provide her a written summary of all the details of what happened, JUST what you demand, and send it certified with return receipt. Many of the consumer agencies will want evidence that you tried to resolve it on your own but that failed. If you give her your entire story in writing you have inadvertently provided her a cheatsheet for her self defense. But keep good notes and a timeline of what happened so you can recreate the facts in order neatly for any adjudicators.

Hope someone else is photographing your wedding day.

6/7/07 at 5:59 pm (reply)
9.
Andria says:

When she crossed out the $0, she told me “oh you must have the old brochure”…but like i said, it was actually still in the mall printed “incorrectly” even after she said that to us.

I’m very lucky that this lady is NOT my wedding photographer, so thank God!

When she crossed it out, we were both like “wait a minute” and then said that that was our plan and that now we didn’t know what to do, but she didn’t offer to explain herself, make any offers, etc.

She set up this presentation with music, etc. and our pictures were projected from her laptop onto the wall. She posts a lot of her pictures online, but she said she doesn’t do it for people who only get their engagement pictures done with her and not their wedding. So, basically, we would have had to make all the final decisions for ordering in our little 20 minute appointment. I think she thought she was doing me a favor for printing out the thumbnails.

Maybe I’m just the victim of a photographer that doesn’t treat the customers very well, etc., and just doesn’t have good tact, which I know I can’t really do anything about that. However, the $0-$250 issue I think I have a valid point on, and although I don’t want to go as far as court, I think I might say something.

Thanks so much for all your suggestions, it’s always nice to get reinforcement when you have something like this happen.

6/7/07 at 6:04 pm (reply)
10.
Andria says:

My fiance was recalling the incident and said she did have a stack of the brochures in her office with the $0 crossed out, and she gave us a “new” brochure when we were ordering. I do still have the old brochure. She didn’t even seem concerned when we mentioned that there were still in the mall like that. But that is still false advertising isn’t it? I spose she could just say that I had an “old” form, and don’t have any proof that those forms were still there long after this, but maybe they still are!

6/7/07 at 6:12 pm (reply)
11.
Laura S says:

I also think you have a valid complaint about the $0-$250 listed price on her brochure. I’m not sure about the two other complaints; while they certainly represent poor customer service and weird business policies on your photographer’s part, I don’t think there’s anything you can do about them.

What I would suggest - this is not to say that you are wrong in any way shape or form, but just to protect yourself with future purchases - is that you ask a lot more questions up front next time and get a written contract for vendors. I think it’s important to discuss what you intend to purchase from a photographer BEFORE getting the shoot done and see how flexible/open they are about their pricing packages etc. Don’t just go by what’s written in an ad or a brochure but make sure to double check with the photographer themselves. Then you’re more likely to identify any red flags before you’ve spent any money.

6/7/07 at 6:14 pm (reply)
12.
Andria says:

What if she put “prices subject to change” on the brochure? Does that get them out of any sort of “false advertising” claim?

6/7/07 at 6:17 pm (reply)
13.
Andria says:

We signed a contract but I don’t recall getting a copy of it. I’m usually better about those things but most of the contract was just talking about rights to the pictures, etc. It was just one of those things where it was just a little engagement session and I just never would have expected all this crap. Maybe I’ll just ask her for a copy of the contract we signed and see if I have anything to go on from that.

6/7/07 at 6:21 pm (reply)
14.
LS says:

I would try to resolve it with her first, and if that doesn’t work (and you don’t want to complain to the BBB), I would DEFINITELY complain to the mall, and post something on the knot boards about her, and tell us who she is (can she do that Mrs. Bee?). Seriously, if you can’t get a fair resolution, at least you might be able to help another bride/groom avoid getting taken advantage of!

6/7/07 at 6:37 pm (reply)
15.
Matt says:

Sounds like she’s learned just enough from other photographers to go with some shady biz practices she must deem profitable. It sucks and yes you have the right to be mad.

One of the things we tell EVERY photographer we help in any way is simply put - if you make a mistake, EAT the cost. It’s better for your relationship with the client, which should be *THE ONLY THING* that matters. Sounds like this person hasn’t gotten that far in biz yet to figure that out.

Here is what I would do:
1) get & make copies of all the info you have. if her booth is still incorrect in the kiosk, go take a photo of it IN the booth with enough around it that you can see it’s in the mall. maybe put a newspaper next to it to date-stamp it as well…

2) registered mail her a letter that details your complaints, what you expected & deserved when you booked the session, and if you got the newspaper shot above, a copy of that. give her some links to “bait & switch” law sites and inform her that “prices” subject to change may not include “conditions” subject to change depending on state law. She didn’t change a price, she changed a condition so that “prices subject to change” may not mean a durned thing.

3) Inform her that she has 2 weeks to send you a CD of your proofs based on what you’ve already overpaid. If you do not have it in your hand in 2 weeks time, you will post formal complaints with PPA, BBB and your local newspaper.

The way she’s treated you is definitely wrong and shouldn’t happen to anyone. If you need help with specific wording, I’m sure you can get some help on that here as well.

Good luck!

Matt

6/7/07 at 9:04 pm (reply)
16.
Quynh says:

I am a wedding photographer myself. Personally, I offer an engagement portrait session in digital format complimentary if your wedding is booked with me - that of which you can get printed any way you like. I have known a few other photographers who have done it like this as well. Definitely report the photographer that did this to you. It is not normal practice even among the most sketchy photographers who I have come across while in business.

6/7/07 at 9:29 pm (reply)
17.
susan* says:

Definitely, the first thing you should do when unhappy with a vendor/photographer’s service is BRING IT UP WITH THEM. Address your concerns with them to see if there’s anything THEY can do to alleviate them in any way. Whatever method you feel is most comfortable with you. I would probably call first to see if you can talk one on one, but if that doesn’t work (meaning she doesn’t pick up/return calls or avoids you) then certified letter should be next. Taking it to court is up to you - I’ve heard many things about it being a long drawn out process when you simply want to feel better about the situation. I’d say call her, and bring up your issues. See what she says

6/7/07 at 11:21 pm (reply)
18.
Andria says:

Thanks again for all the great advice! What I’m wondering is, when I bring this all up to her (which will be my first step) what should I focus on? What would really “pack a punch” sort of speak? Because I feel like once I get there I’ll get nervous and have so much on my mind that I won’t keep to concise, effectiveness explanations as to why I’m unhappy.

The things that bother me the most:

-the $0-$250 issue
-the extremely rushed sitting
-her hours and unwillingness to accommodate me as a customer
-and on top of everything, $250 for 4 freaking pictures
-that this was supposed to be the best place in town and the pictures were not anything special, and not “photojournlastic” or unique at all

6/7/07 at 11:43 pm (reply)
19.
Go Amie says:

Andria - bring notes with you. There is absolutely nothing wrong with that! In fact, if you bring a clipboard and a checklist, and act confidently, then you can be the one in charge of the situation. Don’t let her brush off your (extremely valid!) concerns!

6/7/07 at 11:55 pm (reply)
20.
Michelle says:

Dude! Should of been a sign from the beginning!!!C’mon now- Kiosk!!!

6/8/07 at 1:38 am (reply)
21.
bridalbride says:

i agree with michelle–you sort of had it coming. it’s from a kiosk (not that ALL kiosk photog vendors are bad), and you went with her even after she crossed out the information in the brochure you had, AND didn’t have a clear contract (if there was one at all). sorry you had to go through this but i hope a lesson was learned in terms of being more cautious about these things next time! otherwise, everybody else gave great advice about what to do now.

6/8/07 at 12:11 pm (reply)
22.
Gin says:

“What if she put “prices subject to change” on the brochure? Does that get them out of any sort of “false advertising” claim?”

Sorry to say but with that said, I do think you’re out of luck. Vendors do that to protect themselves from customers bringing an old brochure/ad in and expect them to honor it. Next time just be sure you get everything signed in writing. Most especially coming from a vendor which you were not referred to from others.

6/8/07 at 1:16 pm (reply)
23.
Andria says:

Michelle and others -

Maybe I didn’t explain the kiosk thing very well - she was not based out of her kiosk…it was an advertisement just like several others. She has a huge, beautiful home out in the country and a separate photography studio built onto it. It was not a shady place, and for some reason, she has the reputation of being one of the best photographers in this town (40,000 people). But yes, just to clarify, there were no indication of these issues before we sat down to order the pictures….it was a kiosk ad that i’m sure was expensive to rent, and some of the other kiosks are several other reputable businesses in town, the hospital, the college, etc.

6/8/07 at 1:43 pm (reply)


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