Suing My Wedding Photographer

[CajunCreole]

I was recently married on June 12, 2010. I met the photographer and we discussed my expectations and what I would be charged. She gave me a price, but later increased her fee. However, I still decided to use her services. We agreed to a fee and I signed the contract. After the wedding reception, she told me that I would get my photos within 2 days. But, here it is 3 weeks later, and I still don't have them. She came to the house last night to show me the photos on a website (kodak) so that I could make my selection. After I chose my photos, she gave me a fee for printing the photos and I issued her a check for that fee. However, she called me today to inform me that it would be additional fees. She told me that there would be a fee from visiting my home, plus editing the photos, and digital copies. On top of the fees she also stated that the cost to print the photos had increased. However, those fees were not stipulated in the contract. She also said that there was an additional page to the contract I signed. But, the contract was only one sheet and it was signed. I also told her that the fee was not what she quoted from the website or in the contract. Well, I went to the website, and the fees did not change at all. As a matter of fact the promotional deal does not end until July 13, 2010. So, it seems as if she is trying to nickle and dime me. Plus, I still don't have my photos. Should I pay the additional fees which is not in the contract, or should I sue? She wants to email me the second page of the contract. But, it was not included in the first signing. What should I do? It seems as if she is briching her contract, right?

[KeyWestDan]

No, she can't add a page to the contract after the fact. That is a scam.

Many states have very specific regulations or laws concerning wedding photographers. You should first search for such information on the web and then contact the consumer regulation agency of your state.

If the pictures are any good, there really is no "editing" to be done.

It is a real ripoff to charge one price for the photographic service and then to charge more for prints and "service fees" that were not mentioned in the contract. The photographer then holds your photos hostage until you pay or sue.

You could negotiate a small fee to get the prints you want or tell her you will sue her and file complaints with BBB, the state, and every consumer website you can find. I would tell her I would make it my mission in life to destroy her reputation and put her out of business. See if she really wants to get into that fight. Also point out to her that holding your pictures hostage after you paid and in violation of the contract constitutes criminal fraud and theft. I wonder how many unhappy customers she has?

There was a wedding photographer in Milwaukee, WI who did that as SOP, and in many cases never even delivered the photos. He was sued a number of times, but it was so outrageous he was charged with a number of fraud counts and actually sent to prison for a number of years which finally put him out of business. Wisconsin has some strict regulations on this game now.

[Mr. Knowitall]

Do you want the pictures or not? If you don't, you can sue her for breach of contract and try to get your money back - but you shouldn't count on her ever giving you the pictures. If you do, you can try to negotiate something now (even if it means paying more than you were supposed to pay under the contract) or paying for the pictures and suing her for a partial refund after you have them in hand.

I would hate to find out that the photographer "lost" your photographs, the moment she received a summons for a lawsuit or a complaint from the attorney general's office.

Your exact remedies depend upon the laws of your undisclosed state, although for something like this the overall legal picture is pretty consistent from state to state.