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What sort of recourse do we brides have against vendors?

posted 2 years ago in Photography
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    1.
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    Honey
    Beekeeper
    ejs4y8    June 20, 2009  

    I'm sure you're all aware of my photography D-rama. I have contacted her again today (tomorrow our album hits the 6 week mark just for the DRAFT....we were told it'd take 2 weeks to do a mock) and i reviewed a copy of the contract to review. It's all fluff. Nothing is said about dates on HER behalf. Technically she has zero obligations in her contract to us, the clients.

    Is she completely off the hook for poor business practices? Ignoring us, not responding to emails, trash talking other clients, being rude to bridesmaids, the list goes on and on. Taking her SWEEET time on everything?

    If i report her to the BBB, can anything happen to ME, the consumer? Can she sue me?

    My friend K and I both used this business and we are both BEYOND fuming regarding it. We both have decided to send her a very long email dictating WHY we are incredibly disappointed in her services and that we will never be recommending her ever again. But, that is to be drafted later, once i have everything in hand. K received an email in which she says she's sorry it took so long to get back to her--her office assistant doesn't know how to email (wtf) and she herself is pregnant (we all know this. She's 4 months along). Um, took her a week to just respond. She didn't answer her office phone toda and I left a stern voicemail. 

    I don't want to get dragged into legalities or feews or anything. I'm not suing her, all I want to do is ensure that nobody else hires her because it's a monstrous headache. I can only imagine it'll get worse when she had a baby. She's FULL of lame, pathetic, lying excuses. She also has a habit of publically berating clients on her blog, so I'm fully expecting to be crabbed out via a post, but THAT i could care less about. One couple didn't like her style for their e-pics, so they decided to opt for someone else for their wedding and she made a whole blog post dedicated to bashing them. Classy

    Anyone out there with some advice? What can I expect once I open up the can of worms of a) online reviews and b) filing a complaint with the BBB (who she's not registered with). Anybody have to take these steps with their bad vendors?

     
    2.
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    Buzzing bee
    texasmeredith      

    I don't think she can drag you into any legal drama, etc.  I would call the BBB and explain the situation and see what they suggest.  I'd be prepared with documentation (you called/emailed her on the following dates and she didn't respond/promised you something and didn't deliver).  You might also consider contacting any associations she belongs to (like photographer association of whatever).

    And don't forget the local news.  Many local news channels have "consumer reporters" that basically throw a camera in front of a business that has wronged a local consumer and suddenly things get done.  

    Good luck!!

     
    3.
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    Honey bee
    hotchildinthecity    June 12, 2010   New York, NY

    I'm a little bit of a baby about this stuff, so I would definitely wait until you have your pictures in-hand before saying anything about her online, reporting to the BBB, etc.  She sounds kinda nutty and who knows what she'll do if you dare to write a bad review.  yeah, you could eventually go to court and everything to get your pictures, but that would take forever and I'm sure you would like to get them sooner.

    I would just keep following up with her and bugging her.  This woman sounds awful.

     
    4.
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    Honey
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    ejs4y8    June 20, 2009  

    I'm definitely not doing a thing until I get all my stuff. I want my album, my digital photos (she's not liable for lost photos btw...she has no insurance and basically the contract says i am only entitled to the money we paid her, so like $3200, woopdeedoo if my photos get 'damaged', right?) and also i have credit with her so i need to buy something apparently. I think, with the way her contract is written up, she could easily screw me over and I'd be up a creek without a paddle.

     
    5.
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    Helper bee
    FutureMrsDuff    8/28/2009   Bloomington, MN

    Yikes...

    Well, for starters, don't do anything tell you get your photos. I know it sucks and it's a horrible position to be in, but she currently holds a pretty big ransom. If she's as vindictive as you make her sound, I see no reason why she wouldn't give you photos that aren't as touched up as they should be (or even "touched down") or withhold some photos that might be good photos. It sounds like you plan on waiting anyway.

    Then, after photos are in your possession, send the email you drafted. Contact the BBB. Write on local wedding related boards (here and The Knot are good places to start) and leave vendor reviews wherever you can. Also, of course pass on your experience to friends and family who will hopefully pass it on.

    As long as your reviews/statements/etc. are based on fact (ie. it took 6 weeks to get a draft of the album which was promised to us at the 2 week mark versus she was late on everything) then not only would any lawsuit of hers have less credibilty it will make her less (probably completly not) likely to do so.

     
    6.
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    Honey bee
    hotchildinthecity    June 12, 2010   New York, NY

    Sounds like a nightmare!  How did you find her?  I'm kinda worried about my photographer because although I love her, her style, and her price, she has pretty much zero reviews online and I am scared of this type of thing happening!

     
    7.
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    Honey
    Beekeeper
    ejs4y8    June 20, 2009  

    True. Unfortunately a lot of these promises were verbal or via text messages. But, i have been chronicalling as I go. It's all kinda fuzzy now (too many things to keep track of) but i know i have it at home.

    I found her at a BRIDAL SHOW of all places. The vendor I liked the most was about $1500 more. I met another vendor who I did like and I loved his style. He was booked the day of my wedding and he recommended her. I figured a vendor recommending a vendor was probably a good rec! I was so naive.

    I liked her style, I saw her home studio and she was more than happy to get me album after album and lay out all the proof sheets from weddings for me (so i didn't see JUST the album, i got to see all 400 photos from those weddings, even her oopsies). It seemed like a good deal for $3000--album, e-shoot, bridals, high-res DVD (5 dvds worth of images), 12 hours of photo time, she said she'd set up a video recorder for free (which we ended up not needing)....

     
    8.
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    Honey bee
    hotchildinthecity    June 12, 2010   New York, NY

    I wouldn't say you were naive.  I would think that it was a great choice too.  I'm sorry that it did not turn out well and good luck getting your pictures ASAP.

     
    9.
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    Sugar
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    crebre80    November 20, 2010   Baton Rouge, LA

    okay, what i would do is google her, usually when you google a company all of their sites come up where they list (there are a bunch that allow free listings).  after that, you can simply put your review in and state the problems that you are having with her.  you may also give vendor grades on places like the knot and other local boards.  if you had other wedding professionals, ask them where you can go to leave a review for someone, they may actually know.  also, if she has a blog there may be a function where you can say everything that you want to say on it and it goes automatically threw.  the same goes for facebook accounts and fan pages if she has any. the bbb is good, but i don't know anyone that actually checks there.  the fact that two brides had the same problem at the same time sort of reflects that her company may be headed down, the bbb is sort of like an overview, so one bad complaint out of 500 clients isn't bad, see what i mean?  but if you and your friend complain this year and let everyone know that this is what happened since then it can give a fairer picture.

    i hope this helps.

     
    10.
    14,581 posts
    Honey
    Beekeeper
    ejs4y8    June 20, 2009  

    Yeah, I'm worried that even reviews on The Knot or Weddingwire won't be a big deal. Bridal shows are still sort of a main source of information here. At least K will be doing the same thing--we are heavily collaborating on this b/c we know that one review is nothing, but two reviewers who have the same issues means a little more.

    So, can I expect any sort of retaliation on her part, even if I stick to facts? I just sort of want to state my peace and be left alone.

    I know the day I send her that email my heart will race all day, wondering if she's going to respond. My anxiety skyrockets in situations like this.

     
    11.
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    Buzzing
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    CorgiTales    February 1, 2011  

    Ugh how horrible. I would go for a three step approach if I were you. After you get your photos: 

    1) Write her a letter detailing how bad your experience was, why, and how unprofessional she was. Decide what you want. Your money back? Part of your money back? Extra prints? 

    if she doesn't give you what you want

    2) Post negative reviews online and at the BBB. If you already have your prints there is nothing she can do to you. She can't sue you for making truthful statements (well, she CAN... because anyone can sue anyone for anything.... but it would be a pretty fast case because she'd have to prove you were lying). 

    if she doesn't give you what you want still, and you want to pursue it

    3) File a small claims case at your local municipal court. Usually the $$ limit is 3 or 5 thousand, but the fee for filing is generally low (under 100 in most states) and its a super fast trial. Even just filing the complaint might scare her into settling with you. 

     
    12.
    14,581 posts
    Honey
    Beekeeper
    ejs4y8    June 20, 2009  

    @Corgi, yeah that looks like a good plan of attack. I don't even feel justified asking for money back if she delivers--how messed up am I?! And prints? Well, I'm not sure what I'd want that I couldn't get done at Costco for a few dollars.

    At this point it feels like principal. It's the fact that you can't treat people like they are idiots (aka me) or with such blatant disrespect and expect it to just slide under a table.

    It's not like she actually broke part of her contract, that's why I feel this is sticky. It's wrong to do what she's done and she's being a very bad person/business owner for it. But i'm not traumatized, she hasn't "ruined" our photos, and she ultimately WILL deliver our items. I have no "proof" dictating that she's made these promises or that she's done really lame stuff like this since most of her excuses were done via text or phone call. Not email.

     
    13.
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    Sugar bee
    Tulip61110    June 11, 2010   Philadelphia

    As far as not technically breaking her part of the contract, I think you are putting too much emphasis in the fact that nothing in the contract specifically gives dates on her behalf.  In the light of the fact that any of these timing obligations are ommitted in the contract, a court would evaluate the situation based on what is a reasonable turn-around time for the pics/album you contracted for.  To me, the timing doesn't really sound reasonable on her behalf.  I certainly would not worry about posting bad reviews and getting the news out about her, specifically if you stick to the facts. 

     
    14.
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    88 posts
    Worker bee
    BW4606      

    Since you said a lot of this was by text or phone, you need to send her an email today laying out the facts ("when we spoke on X date, you said Y, and now that it's been # weeks I'd like to know if you have a new estimate for when Z might be delivered").  Keep it professional and short, but when she responds you'll now have a record of what has transpired.

    Also, do you have the digital copies of the photos yet?  I remember something from an older post of yours about the photo dvd's.  If you do have them, I would maybe cut your losses now on waiting for an album or prints, and start asking for a refund.  There are plenty of great options for making your own professional album (mpix.com, blurb.com) that would likely be faster anyways.  If you don't have your photos, I would still send the email and then go public with your discontent later.

     
    15.
    Member
    88 posts
    Worker bee
    BW4606      

    Oh, also, it's ridiculous that you should have to use up a credit with her after all of this.  I would demand at least that part be refunded.

     
    16.
    14,581 posts
    Honey
    Beekeeper
    ejs4y8    June 20, 2009  

    Well, i left her a voicemail stating this. The problem is that even when I email her, she tends to text/call me back. There really is minimal traffic between us.

    I don't have digital photos yet. She holds them hostage until we approve our album proof. She says otherwise clients start ignoring her. HMMM IRONIC. Apparently once we approve the online draft, she'll fedex them to my house. Then the album is assembled and ends up on our doorstep, too. Probably not by Christmas, though! Which means, er, 6 months total wait time. My photographer's not exactly Ben Chrisman or Jose Villa, folks. 

    I feel like a mid-June wedding with no album-in-hand by now is a little ridic. But, then my friend K got married in May! EECH

     
    17.
    Bee
    4,377 posts
    Honey bee
    mrbee    March 5, 2005   New York City, New York

    I totally agree with a lot of commenters that it's not right how she's treating you!  But she has a signed contract, and so you don't have a lot of leverage from a legal perspective (as I understand it).

    Is this her first baby?  I was really surprised to see firsthand how hard the first trimester was!  Maybe she'll be more responsive in the next trimester. Hopefully things get better soon!!!

    ps When you write your review, the main thing to look out for is defamation/libel...  feel free to PM me a draft, and I can look over your review for you if you want!

     
    18.
    Member
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    Honey bee
    smyley    May 2010  

    Hmmm...is she licensed? If she is,that's where I'd go to start my plan of attack. Any time complaints are registered against a person's professional license is where you'll actually get some action. She won't be able to ignore any correspondence from them if she's got half a brain. The BBB is almost worthless. I tried to get information and file a complaint about a well drilling company and was asked by them "What do you want US to do? What do you expect to GAIN by this reporting? We'll send you some forms." Yeh. Right.

    Check out her credentials and hit her where it hurts. Sometimes that's the only way some people learn. As far as retaliation? Could she sue you for libel? Is anything you'd say about her not true?  There's several attorney's on this site....anyone?

     
    19.
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    Honey
    Beekeeper
    ejs4y8    June 20, 2009  

    Yep it's the first baby. She got pregnant the month I got married so, there were the 11 months leading up to the wedding where, looking back, they weren't flukes or little realistic things that get in the way, they were signs, warning me of things to come! Honestly, I think it's relatively unrelated to the pregnancy, as this was going on before any of this came to light. I get the impression she is milking it for all its worth and using it (and her assistant who is apparently incompetent, according to her) to fall back on.

    Mr.Bee, thanks for your advice, I will definitely PM you a draft.

    No, she's not licensed with the BBB.

    Oh, the signs!!! Yikes

    I'm upset about the lying and procrastinating and her bad business practices. Maybe it's not worth doing anything except sending her a personal email about it and hitting the public review sites. =\

     
    20.
    Member
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    Honey bee
    smyley    May 2010  

    No...I mean licensed as a professional photographer. Your state should have online records of all licenses issued by the state dept. of consumer affairs......doctors,dentists,plumbers,etc...and photographers.

    I might also contact the people who set up the bridal show and suggest she NOT be asked to return!

     
    21.
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    Busy bee
    Bella Luna    September 5, 2010   Ohio

    Wait until you get your stuff then report her to the BBB for bad business practice and also your local chamber of commerce.

    -Bella

     
    22.
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    Worker bee
    IVKWed    NA   Kings Mountain, NC

    Perhaps a different way of communicating with her will be more effective. Youve said that you had called and emailed her on countless occassions and she always responds via a text or some other form that is not professional. Is there anyway that you can go to her place of business? Does she have a home office? Does she have a studio space? Are either of those places an option to reach her? I think the problem with emails and phonecalls is they can be so easily avoided these days. It's not hard to hit the delete or ignore button unfortunately.

     

    I am not an attorney, but I am a wedding photographer and I think honestly the only thing that you can do is go back to your contract. What exactly has she promised you in your package and what dont you have at the moment? Is there an outline, in addition to the album layout proof, for you to recieve your disc of images and other products that are to be delivered to you in a certain timeframe?

     

    I agree with the others that calling the BBB will not do much, they will simply file your complaint and thats about it. It seems that in your situation it is time to face her in person and sit down and talk about your concerns. She is obviously ignoring your efforts through email and phone to reach her and I feel will continue to do so. I reallly hate hearing that brides have to deal with these types of situations because it is poor on her behalf.

     

    I wish you the best of luck with this situation and if you need any help we are all here for advice.

     

    If you fail to reach her in person, I would take your contract with her to a lawyer and have it reviewed for further legal action.

     
    23.
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    Honey
    Beekeeper
    ejs4y8    June 20, 2009  

    Unfortunately her studio space is about 40 minutes away from me and she only works 3 days a week there, and even says on her website she "tries" to be there. She only works partial days. During which, I, of course, work a full time job.

    Also the contract is pretty empty now that I've analyzed it more intently. It ultimately states she is ONLY responsible for getting me the items, not the time frames or anything. And that if she fails to do so (i'm guessing a clause in case her camera broke or something), I am only entitled to a refund of her services.

    All it says is that the hand-assembled album will take up to 12 weeks once the order is placed. Over the phone she told me about 2-4 weeks.

    Basically, this contract just means she'll do it....eventually, lol.

     
    24.
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    Honey
    Beekeeper
    ejs4y8    June 20, 2009  

    Ladies it definitely pays to make multiple phone calls. 2 yesterday and 2 today, and she answered!

    Her: "didn't i send you that link already?"

    Me: "um, no"

    Her: "ok you have it now!"

    Me: "grumble grumble"

    Funny that's the same excuse my friend K got when she forgot to send HER link, too! Oye. Too bad there are adjustments to make, so it'll still be another week of editing, lol.

    Being diligent is key, apparently. I feel ridiculous following up on her THIS much though. I'm such a nag!

     
    25.
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    Worker bee
    BW4606      

    ejs4y8, I'm glad that you were able to make contact with her, but I want to remind you that you are not ridiculous, or a nag, or unjustified (all your words!) in expecting to receive a professional service for which you paid thousands of dollars.  Your photographer is the unprofessional and unreasonable one, not you!  Just continue to assert yourself, and don't apologize for it.

     
    26.
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    Honey
    Beekeeper
    ejs4y8    June 20, 2009  

    Aw, thanks, BW! You're very right. It's absurd I should have to do this. Adults don't act like this! ok, responsible ones don't...=]

     
    27.
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    TedNghiem       NJ

    Hopefully that translates into a tangible product.  Ejs4y8, while I don't like tossing the term entitlement around lightly, you are entitled to your nagging especially after all these months of waiting for a finished work.  

     
    28.
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    Blushing bee
    stacie83    10/09/10   St.Louis, MO

    WOW!!! I'm sooo sorry to hear that you are still having problems with her. It sucks that she comes across so professional in person, or atleast she did when I met her at the bridal show a few months ago. It's good that you kept on her about getting what you wanted...it's that the point when you're the customer?! DUH Lady!!! :) Hopefully you won't have to deal with her much longer!

     
    29.
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    Bumble bee
    cheerful    September 2009 - eloped  

    My gosh, the saga never ends with this photographer. I'm so sorry! And yes, please, please post reviews everywhere you can. Don't forget projectwedding.com and the others... Protect other brides!

     
    30.
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    Honey
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    MissAsB    June 6, 2009   Married in CO, Living in AL

    Seems like this has all been said before but your best plan of attack is to post online reviews, make a complaint with the BBB (which they will mediate even if they are not a member of the BBB), and try contacting local newstations about consumer reports.  Maybe you can get your story on a local TV station which would hopefully get the word out more.  So sorry to hear how of a problem this woman is!

     
    31.
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    Worker bee
    Aleksi Photography       Sacramento, CA / Waco, TX

    She can't sue you for speaking what you consider is a legitimate concern or complaint. If she had unlimited funds, I guess she could always try, but you never know how those turn out. Slander or something - there are a few loopholes that allow bad businesses with deep pockets to go after whistleblowers.

    Also, there is no such thing as a "Photography License." This is sad, because many businesses would never be able to get one if they were actually tested and rated. That being said, there are other avenues you could pursue, like seeing if she was actually a registered business in her county. If not, you may have some leverage to file a complaint about her practicing without a business license, or maybe the IRS...but that is getting pretty low.

    Technically the contract may state you don't have much recourse against her, but as long as it says that she will deliver you your products, you have enough to at least file a small claim against her. Recently there was a couple in the UK who sued their photographer for taking bad pictures and they won...so you probably have a decent chance.

    It's best to stay professional though. You can also call your local BBB office and talk to them about courses of action. The FTC may also be something you could consider.

     

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