Legal Question in Consumer Law in Kentucky

Hi, I recently went to a photographer and had a photo shoot. The photographer did not ask me to sign any contract, and no contracts were made what so ever. He did not even ask if i was 18, ( which i am ). On his photographer business profile he sais that the $150 shoot will include 4 retouched images, and a CD (with non-commercial reproduction rights) or Prints available for additional fee. He has only sent me four of the retouched pictures, and is now refusing to send me the CD. I am very upset, because not only was I unhappy with the pictures I feel as if i have wasted $150, and was ripped off since he has not given me the CD, and has been quite mean to me. What is there that I can do?

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Asked on 10/11/10, 2:24 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

You can mail him a "demand letter," stating that you are unhappy with the photos, with his service, and with his breach of an implied contract, as his advertisement (his website) constituted an offer, and your hiring of him constituted an acceptance of that offer. State that if he does not correct his breach within two weeks, by sending you the CD, or by giving you a full refund of your money, that you will be filing suit against him in District Court. Also mention that word of mouth is how photographers get a lot of business, and negative feedback, including a lawsuit would surely be publicity he does not need.

If he doesn't play ball, you'll need to file a complaint against him in district court's small claims division. It will cost about $60 or so, and in that complaint you state he breached the contract, etc., and you want damages in the amount of $150 plus court costs. You'll have a day in court, and you'll want to bring print-offs of the website where it states his prices, etc. You'll want to get those now, before he takes it off his site.

If any of this is confusing, you can always talk to a local attorney about doing all of this for you.

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Answered on 10/16/10, 8:54 am


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