"Free" pictures?

[dallas702]

What is the name of your state? Nevada, not Nevaahda!

I'm trying to get this into the right place:

What is the name of your state? Nevada, not Nevaahda.

This should be a simple consumer question, but maybe one of you has a specific answer.

For the past 2-3 years my high school age son has performed in many school and community sponsored band and orchestra concerts. At some of these concerts a photographer would take group photos, then send a print to our home. Each one was addressed to my son, and had a bill for the photo. I don't remember how many we received, but I'll guess 8-10. After the first set I told my son they were too expensive ($17 for each pic, often 2 to a set), and to not ask for any more. He said he never asked for any of them.

I attempted to contact the photographer several times with no personal connection, finally leaving at least two messages stating that a) the pics were too expensive; b) neither my son nor I signed anything for them; and c) my son is a minor and cannot execute an enforceable contract; and please contact me to resolve the debt. I have never received any response.

Today another set of pics came (after receiving several billing statements over the past few months). I know I could just keep writing checks for the pics, but I have told them they are far to expensive and they had no right to keep sending them. Soooooo, do I just keep these pics from Heaven and ignore the billings? I don't want to be unfair to the photographer, but I know he is making at least $1500-3000 per each group at each session (takes 2 pics of the group after a performance. Most competitions have 3-20 groups. As you can see, a 1 day or evening session can be extremely lucrative. With the cost of film, transportation, developing/printing, and mailing his profit would be about $10,000 for a 3 orchestra concert to $12-3,000 for a 1 day, 20 band competition. He does this for every school in our area several times each year. Yeah, we're talking a LOT of money.

Anyway, am I legally responsible to this photographer for these pics that arrive by mail? How far do I have to go to not have a moral obligation to compensate him something? I want to make him an offer, but he won't respond to my calls.

What would you do?

 

[freespeech]

Why haven't/don't you simply return them "REFUSED"?

 

[Veronica1228]

The photographer is getting your son's name and address from somewhere. My guess would be his school. I would complain to them and ask that his name and address not be given out as you do not want, nor plan to pay for these pictures. It would be hard to believe that you are the only parent who is upset about this. Find out if other's have had similar problems and what they did about it.

 

[You Are Guilty]

Nevada, like most states, says you can just keep them after you've made clear you didn't order/want them. Here's your authority:

NRS 597.950 Unsolicited merchandise deemed unconditional gift to recipient; liability of sender; exceptions.

1. [highlight]Any person who receives unsolicited goods, wares or merchandise offered for sale, but not actually ordered or requested by him orally or in writing, is entitled to consider those goods, wares or merchandise an unconditional gift, and he may use or dispose of them as he sees fit without obligation on his part to the sender.[/highlight]

2. The sender of unsolicited goods, wares or merchandise must pay actual and reasonable expenses incurred by the recipient:

(a) In returning the goods, wares or merchandise to the sender; or

(b) In resisting attempts by the sender to collect payment for the goods, wares or merchandise.

3. The sender of unsolicited goods, wares or merchandise is liable to the recipient for any impairment of the credit of the recipient caused by attempts by the sender to collect payment for the goods, wares or merchandise.

4. The provisions of subsections 1, 2 and 3 do not apply to the following:

(a) Where delivery of goods, wares or merchandise is by mistake in response to an order to the sender for other goods, wares or merchandise.

(b) Where delivery is made by mistake to someone other than a person who ordered goods, wares or merchandise from the sender.

(c) Where the sender has sent a substitute or substitutes in response to an order for certain goods, wares or merchandise.

(d) Where someone has ordered a gift for another from the sender, and the goods, wares or merchandise were sent directly to the recipient of the gift.

(e) Where delivery of goods, wares or merchandise is made by mistake to a member of a subscription-type plan (such as a book club or record club) operated by the sender.

(Added to NRS by 1971, 383; A 1979, 188)—(Substituted in revision for NRS 598.090)

 

[dallas702]

Thanks everyone.

I'm going to call them again tomorrow and see if they will take a "negotiated" payment. I don't want to just stiff them, but the unsolicited pics are adding up to over $300. Maybe I can get someone to answer or call back this time. My son said some of his band friends were hearing the same from their parents (especially about the cost), but I don't know what they have done about it.

 

[You Are Guilty]

Thanks everyone.

I'm going to call them again tomorrow and see if they will take a "negotiated" payment. I don't want to just stiff them, but the unsolicited pics are adding up to over $300. Maybe I can get someone to answer or call back this time. My son said some of his band friends were hearing the same from their parents (especially about the cost), but I don't know what they have done about it.

While I applaud your ethics, you are taking the high road here with someone who appears to be out to fleece as many parents as they can. They tend not to appreciate ethical behavior much. Therefore, in case they get belligerent when you speak with them and demand full payment or the photos back, I strongly suggest you take the unsolicited pictures, use them to wipe your ass, and mail them back (postage due, for good measure).

If the photographer ever sends you something unsolicited again in the future, it will be a miracle.