Legal Recourse for Not Receiving Photos

[AnonModel]

What is the name of your state (only U.S. law)? Georgia

Just seeing if there is anything that can be done. I am based out of Tennessee, photographer is in Georgia

Paid a photographer and shoot with him over two months ago, for this particular style/shoot that I wanted.

It's been over two month and and only received of a fraction(4 pictures) of the edits that we agreed upon when we shot three looks.

He would give a date, then give an excuse, give another date, then another excuse. Now he won't respond to texts/e-mails/calls.

Half was paid via paypal, other half was paid via cash that was taken out of the ATM that day.

Is there any legal recourse that can be done if neither one of us signed a contract? There's just e-mails and texts.

Total, I am out of is a little over $700. $300 to him, $300 to a third party body painter for one of the looks, and $100 to a third party 'online magazine' that asked that amount to accept submission of the photos.

I would want all that amount back if he has no intention of giving me my photos. Thoughts?

 

[Zigner]

Sue the bad guy in Georgia small claims court.

 

[justalayman]

BUT what you might be able to recover will vary depending on the facts.

The money paid to the online magazine: if you can still submit photo's or especially if you can get a refund than you likely would not be able to recover that


the painter: may be able to recover since it was money spent in anticipation of the photo shoot and simply lost to you if you do not get your pictures. Obviously (so far) the photog's fault.

but having purchased a couple wedding albums; two months is not a long time for a photographer. A lot depends on how many photos you are dealing with and what sort of post setting processing is required. The fact you got some of the pictures lends hope.

Unless you have a contract with a defined delivery date, it is likely premature to sue, yet. If you had a defined delivery date and it has passed, then sue away.

 

[AnonModel]

To answer a few questions and for clarification...

Well, what we are talking about is ten pictures! The photographer was hired on the notion that he would be able to meet deadlines set by these magazines! Those deadlines have came and gone! He gave a completion date for the 15th of last month(via text/email), gave an excuse then gave a deadline of the 22nd! After that...no response!

I won't be able to submit to the magazine as the deadline has passed, yet the magazine was already paid to 'save my spot.'

Regarding the ten pictures...6 of those were from the body painter set...he only sent one of those...yet that was back in August.


I'm definitely speaking out of my realm when I ask this, but is it possible to ask for punitive damages going the route of fraud? Or I believe Georgia has a Fair Business Practice Act that I believe he may be in violation of...

 

[Zigner]

To answer a few questions and for clarification...

Well, what we are talking about is ten pictures! The photographer was hired on the notion that he would be able to meet deadlines set by these magazines! Those deadlines have came and gone! He gave a completion date for the 15th of last month(via text/email), gave an excuse then gave a deadline of the 22nd! After that...no response!

I won't be able to submit to the magazine as the deadline has passed, yet the magazine was already paid to 'save my spot.'

Regarding the ten pictures...6 of those were from the body painter set...he only sent one of those...yet that was back in August.


I'm definitely speaking out of my realm when I ask this, but is it possible to ask for punitive damages going the route of fraud? Or I believe Georgia has a Fair Business Practice Act that I believe he may be in violation of...

This is not a "punitive damages" kind of case. You won't be able to collect punitive damages.

 

[AnonModel]

And what about violations of Georgia's Fair Business Practice Act?

 

[justalayman]

And what about violations of Georgia's Fair Business Practice Act?

After a cursery review of the basics of that law I see nothing that woukd benefit you unless you could prove intent to defraud you. If he was sincere in his promises it doesn't apply. The fact that he didn't meet deadlines does not in itself mean his original intentions were not sincere.

 

[AnonModel]

More than just not meeting deadlines....and no longer responding to any forms of communications...texts/e-mails/phone calls/certified letters from an attorney..

 

[justalayman]

So he is a poor businessman. That does not translate to any original intent. So far I don't see anything more than a possible breach of contract and youyes, I said possible. It isn't clear he has actually breached any contract yet. The dates of delivery sound as much a possible delivery date as it does an enforceable promised date of delivery.


If you can show there was a true promised date then it appears the contract has been breached. At that point, if the photog refuses to communicate, it is up to you to take the next step.

 

[AnonModel]

So he is a poor businessman. That does not translate to any original intent. So far I don't see anything more than a possible breach of contract and youyes, I said possible. It isn't clear he has actually breached any contract yet. The dates of delivery sound as much a possible delivery date as it does an enforceable promised date of delivery.


If you can show there was a true promised date then it appears the contract has been breached. At that point, if the photog refuses to communicate, it is up to you to take the next step.

If he states the 26th, then doesn't deliver than that is a breach of contract, correct? He never said I'll try...he said he'll do it..

One last question...since as soon as I get this skip trace done. I'm filing paperwork. I was told paperwork has to be in the county where he resides since his business isn't incorporated.

Yet, how would I word the claim on the filing of paperwork regarding a refund of the bodypainter, since it's indirectly?

 

[justalayman]

I wasn't a party to any discussions nor have I read any communications between the two of you so I can't really say whether the photogs statements reach the level to be an actual requirement of the contract

 

[AnonModel]

So in the Georgia's Fair Business Practice Acts one of the violations states:

"Advertising goods or services with intent not to sell them as advertised"

Could he not be guilty of this?

 

[quincy]

So in the Georgia's Fair Business Practice Acts one of the violations states:

"Advertising goods or services with intent not to sell them as advertised"

Could he not be guilty of this?

First, you should have had a written and signed contract with the photographer that spelled out the dates required for completion of the editing. Most photographers will insist on written contracts and most models SHOULD insist on written contracts.

Second, the body painter painted your body. He did what he was hired to do. The $300, therefore, was earned by the body painter and you cannot expect to get this money back.

Third, the $100 was for the submission of the photos. The space in the online magazine was reserved for your photos. You cannot expect to get this $100 back.

That leaves you with the $300 you paid to the photographer, who took the photos as he was hired to do. You feel the $300 was not earned because he did not meet the deadlines required for submission to the magazine but these deadlines were not agreed to in any written contract. They are evidenced by texts and emails, which may or may not be good support for your claims as emails and texts can be faked fairly easily.

The fact that you received 4 of the 10 photos that were taken shows that the photographer has/had no intent of deceiving you or depriving you of the photos taken. In addition, you had the opportunity and the ability to send to the magazine 4 already-edited photos, to meet the magazine submission deadline. In fact, I am not exactly sure why you didn't do this.

The bottom line is that you should have had a written contract and you should have waited to pay the balance owing the photographer until you received all photos, if you needed all of the photos.

I do not see that you have an easy legal action to pursue or one that would be worth the expense of pursuing, seeing as how you are in Tennessee and the photographer is in Georgia.

But, as Zigner said early on, you could sue the photographer anyway and see where that leads you.

 

[AnonModel]

Second, the body painter painted your body. He did what he was hired to do. The $300, therefore, was earned by the body painter and you cannot expect to get this money back.

Since it was money spent in anticipation of the photo shoot and simply lost to me since I didn't get the pictures, it seems feasible to get that back

Third, the $100 was for the submission of the photos. The space in the online magazine was reserved for your photos. You cannot expect to get this $100 back.
.

Photographer missed deadline that he knew about beforehand.

fact that you received 4 of the 10 photos that were taken shows that the photographer has/had no intent of deceiving you or depriving you of the photos taken. In addition, you had the opportunity and the ability to send to the magazine 4 already-edited photos, to meet the magazine submission deadline. In fact, I am not exactly sure why you didn't do this.

I received 4 pictures, missing 10. I didn't submit the pictures because I shot three different looks, and the magazine that wanted them...wanted pictures from one of the looks that I didn't receive.

 

[quincy]

Since it was money spent in anticipation of the photo shoot and simply lost to me since I didn't get the pictures, it seems feasible to get that back

No. Your anticipation is not the body artist's anticipation. He painted your body. He earned his money. You cannot expect to get this back.

Photographer missed deadline that he knew about beforehand.

He might have known about your deadline but there is no written and signed agreement between you and the photographer that evidences this. You have texts and emails, which may or may not be good enough to indicate knowledge of deadlines and agreement to these deadlines. You will know better how good the texts and emails are if you sue the photographer for $300.

I received 4 pictures, missing 10. I didn't submit the pictures because I shot three different looks, and the magazine that wanted them...wanted pictures from one of the looks that I didn't receive.

Did you know what the magazine wanted before the photo shoot? Did the photographer know this?

You can sue the photographer for $300. I personally do not see that it will be worth your time or the expense involved, but you are certainly free to pursue an action against him.

You can consult with an attorney in your area for a personal review of all facts or if you think there are other options available for you to explore.

Good luck.