Services Not Fully Delivered. What can I do?

[jmdelmar]

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

I paid a company $6,000 to get my daughter into acting and modeling. They stated they would provide training classes and representation until she was signed by an agent. They also had their own agent on site who claimed to love our daughter and would take personal responsibility to market her until she was signed.

The company provided a series of classes however; the named instructors they sold the training on were not used and in most training sessions the classes we paid individually for (specific to talent e.g. modeling versus acting) were combined because instructors failed to show up.

Since the training classes concluded no representation promised has been provided. I'd like to know the proper legal course to dispute payment. Do I have an leg to stand on? Should I contest the visa charge of 6K as services not or partially rendered or is small claims an option?

Regards,
Jason

 

[swalsh411]

That would depend entirely on what services you can prove were specifically promised to you and then not delivered. A general sense that the training was not all it was sold to be won't cut it.

It's possible that, despite the training, your daughter doesn't have what it takes to be successful. It's possible they told you what you wanted to hear to sell you the program. It’s possible you heard what you wanted to hear and got caught up in dreams of wealth and fame. It's possible the entire thing is barely one step up from a scam.

How long ago was the credit card charge?

 

[Zigner]

When my child was young, it was explained to me by a reputable talent agency representative that a reputable talent agency won't charge up front fees for representation. They were interested in my child and suggested that I start putting together a professional portfolio of head-shots, etc., then return to them and they would consider my child as a client.

(I chose not to take this route for my child and didn't pursue it any further)

 

[jmdelmar]

Around 6 months I think ago.

You may be right that she doesn't have what it takes but that's not my argument. The company didn't provide the full training and the agent hasn't lifted a finger to market her as committed.

Other evidence suggests she has a decent chance to do something in the industry even if it isn't a network star which was never an expectation. We personally found a couple free casting sites and signed her up and she's been receiving a lot of callbacks for auditions based on her appearance and how well she looks on camera. She picked up an extra role on a national PSA commercial and hope are still high that she'll find modeling opportunities which is her core interest not acting.

 

[swalsh411]

You are past the point where you can dispute the credit card charge. It can't hurt to call them but I'm 99% sure they will tell you it's too late.

If you can prove services were promised and paid for but not delivered then you may be successful in small claims Court. The more you having in writing the better.

 

[OHRoadwarrior]

Their legal response if sued will likely be their training enabled her to start her successful career.