Post # 32
I briefly scanned through the other comments, so I apologize if this has already been mentioned…
First – I wouldn’t email him back. Second – can you "sue" HIM for breach of contract/not delivering? Third – report the vendor to the BBB and any wedding boards he might be liscenced with (i.e. Photographers of America Assocation or whatever. I made that one up.)
Good luck and I’m sorry you’ve had this happen.
P.S. – was it on the knot? I have had the worst experiences on that board with just about everything.
Post # 33
I think that because she waited 3 years their might be a statute of limitations on how long she has to go after him for not following through – but maybe out lawyer savvy gals out there could answer that one better….?
Post # 34
no probs sweeney, i appreciated the clarification. : ) and i was sad to know that multiple bees are dealing with shoddy photographers!
Post # 35
(Note: I am not a lawyer yet, but here are my 2 cents) Most likely, the statute of limitations have passed on any breach of contract claims, but that depends on your state law.
Most importantly though, I think Fading Flower just wants this jerk to leave her alone. I think she has resigned herself to the fact that she will never be able to get back what she lost by having bad photographers. But she shouldn’t be harassed and intimidated by these people.
Post # 36
Hi all–I am a lawyer. First off the definition of libel is false & damaging written statements. Now every state has different elements to their own libel suits, but he’d need to prove: 1) you wrote the statements, 2) they are false, 3) people read them, 4) they caused him damages. This would be hard to prove folks. In any case, tell him you will not speak with him further and that you will only communicate with his attorney via signed mail–not email (anyone can pretend to be an attorney on the phone or over email–that is another offense but…) If you do receive any real communication from an attorney, please seek legal advice in your state.
The key here is to make sure that your comments expressly reflect your personal experience, that you clarify that you are speaking only about your experiences and not about anyone else’s in the past. Do not make any allegations about his education/certifications/or other qualifications unless they are artistic. Meaning, you can say you thought the artistic quality did not meet your expectations, but don’t call his credentials into question, which would imply that he lied about them.
Again, just be clear that in all your reviews you state clearly that this is your experience with this vendor and specifically about the photos you received for your wedding–make sure you note that you do not make any allegations or claims against his other work or his ability to do satisfactory work for others.