Do you think we have a case on toddler photos dispute?

Question

We booked a session with a prof. photographer including sons,ages 1 and 2. Stressing we needed the earliest appoint time to work around naps, the photographer showed up 20 minutes late. After some poses the kids no longer wanted to sit. We said it was best to move on to candids. There were pumpkins.The kids were having a great time playing with them. She kept forcing more posed family ones -then tried to bribe them with a TREAT - saying after mommy would get them a treat. To 1 and 2 year olds, treat means treat NOW. We said no, this created a meltdown. So,all I had was movie candy, it stained the mouths. The photographer,said no problem,she can fix that after. She then ended the session 30min early,saying she had what she needed. After seeing the proofs-later then she stated- they were terrible, and didnt meet the minimum # stated.We very civilly asked about this, she went off calling us bad parents. She now wont return calls/emails.We're out $70 for the sitting.Think we have a case?

Answer 1

By "case", do you mean a court case? If you do, I think you're crazy...it's retarded to go to court over $70. However, I think you should find out who her boss is, if she has one, and do whatever you can through to company to get your money back. If not, suck it up, it's only $70, and go somewhere else. You don't need a professional photographer; go to Walmart or Sears...they'll take great pictures of your kids and won't screw you around either.

Answer 2

Small Claims Court filing fees will probably cost you more than the $70 you're out, plus the time and hassle of dealing with it. You might have a case, but it's really a he-said/she-said scenario - and those can go either way.

I would very politely state your dispute and ask for your money back in a letter sent via registered mail. In the letter, give a reasonable time period for her to respond and state that you will take appropriate action against her if she doesn't respond. That action should include reporting her un-professionalism to any professional assoication to which she belongs, any franchise she may represent, reporting her to the Better Business Bureau and contacting the publishers of any outlet she advertises in.

The Better Business Bureau can sometimes be a great aid to mediate cases like this - but it really depends upon her willingness to negotiate with you. If she's unwilling to do that, then the only practical thing you can do is to make sure others are aware of how she treated you. If she's a true professional, she will be concerned about her image. Just remember to be completely factual and non-slanderous in any letters you write about her to third parties.

Answer 3

I don't think you have a "court case" since it would be more than the $70 to take this person to court. I do think you have a legitimate complaint and should request your money be refunded. If the photographer is also the owner of the business you could report their business to the better business bureau.

In the future, I would recommend a less expensive place for childrens photos. I have used JcPenney and Sears studios for my kids pictures and have had pretty good luck with them. It's not as professional, but you do not pay as much and the quality is pretty good.

Answer 4

I think you got what you paid for. Neither of you were reasonable in your expectations.

How long do you expect to gain the attention of toddlers for pictures? If you were planning on anything more than 5 minutes youre insane. This could have been avoided by hiring a baby wrangler. These are professionals who specialize in posing and entertaining children for photo shoots. Your photographer was trying to do this job, but you were not going along with it and created the melt down yourself.

you cannot expect a one and two year old to sit, stand, pose, stay clean, or look cute for more than a few minutes at a time, let alone for an hour or better.

You have to work around them and take what you get. Its not the photographers fault that you had impossible expectations, and that he/she was not qualified to take toddlers photos in a professional manner.

You got what you paid for. I cannot believe there were no pictures that were usable. You need to get a hold of this person and work the price down to fit the oder that you did get.

Answer 5

Better Business Bureau would be the way to go...although they probably couldnt help you with the money they will definetly be able to log a dispute against them so others wouldnt run into a similar problem.

If you get another photographer, I would tell them if they walk in the door late that if these dont turn out you wont be paying any fee's as they had missed the designated time frame..

Answer 6

Go to Sears... we have always had wonderful expierences with them. You can get a smilesavers card so you have no sitting fees for 2 years, and they take wonderful photos.
As far as a "case" walk away and defer any of friends of family from using this person - talk to the newspaper, tell them about your expierence. Maybe she'll loose lots of business. If you loose in court you're going to be out way more than $70... good luck

Answer 7

I'd be pissed, too, but are you seriously thinking about going to court for $70? Contact the Better Business Bureau, annoy the heck out of the photographer until she agrees to refund your money, but forget about a lawsuit. That's a little on the obsessive side.

Answer 8

To be honest, it isn't worth it to go to court for $70. I would talk to her and request she do it again and that the sitting be free of charge. If she doesn't agree to that, tell her that you will make it your life goal to make sure everyone you know NEVER goes to her and tell her word of mouth is the best way to advertise....or best way to run your company into the ground.

Bad parents? I would be so pissed! Tell her she is a bad person... and a horrible photographer.


***Edited to add, YES the BBB is the way to go!!! Great answer to above poster. I had to use them when delaing with another company at my job.

Also how did you pay for the sitting...was it cash or credit card. If it was credit take this up with your cc company.

Answer 9

I think you have a good case. One trick I learned to get a refund, call her, if she won't answer leave a message explaining that if you do not receive a FULL refund, you will not only tell EVERYONE how bad your experience was with her, but also the local news paper. By law you have that right. If she doesn't want the bad publicity, she should be more than willing to give you your money back. If not, follow through.

Answer 10

Legally, unless you're getting a tv show like Judy Judy to pay for it, it'd probably cost more time and money than it's worth to take it to court.

Contractually, if she didn't meet the minimum stated, she has to refund your money. Bring this to her attention...again. You could threaten to seek legal counsel to rattle her, but as I said, it'd probably cost more than it is worth. You could threaten to report her to your local chamber of commerce and Better Business Bureau.

Report it to her supervisor. If she is freelance, get the word out that she is TERRIBLE. People listen to word of mouth on photographers. Contact your local news media and at least put in a complaint in the editorials.