Please help.. Unhappy client

EloiseC

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First off, I am new here, so forgive me if I am posting this in the wrong place!

I am having an issue with a past client. I took newborn photos of her son mid last year, while I was working on building my portfolio. I took the images for free, and she was going to receive a disc with 6 images with print release.

The session went great. I made coffee and muffins, and we had a nice time chatting and joking around while I posed and photographed her son. When it was over, we both left very happy with how the session had went. I told her I would try to send her a sneak peak or two within the next couple of days. That night she posted a very long status about how happy she was with the session, and how excited she was to see the images.

The next morning I received a message from her on Facebook asking if the pictures were done yet. I told her that I had finished one, and she said she thought I had said I would get them ALL done the night before. I would have loved to get all of her images done that fast, but with three children under three, a part time job, and two online classes... Yeah.

I then attempted to send her a sneak peak of the image I had finished via Facebook, but for whatever reason it wouldn't send. I told her what was going on, and asked if she would give me her email address, so I could try to send them that way. She was online, and it said she had seen the message almost immediately, but she never responded. And by never, I mean that to this day, several months later, she has still not responded. I contacted her through Facebook as well as texting her phone once I had the disc ready for her and asked for an address to mail the disc to. No response. I called her phone and left a voicemail saying pretty much the same thing, adding that I would be happy to deliver the disc to her myself that day if she gives me an address, and that I included a few extra images on the disc. Still no response.

I continued to message her on Facebook over the next month or so, and every single time she would see the message and not respond. Eventually, I decided that I wasn't going to waste my time anymore. She knew the disc was done, she knew how to get in touch with me, so I sent her a final message saying that whenever she would like to get her disc, I was just a message/phone call/text away.

A few months later, I have some girl I've never met or even heard of before sending me a message on Facebook asking me why I took her friends money and never gave her her son's newborn pictures. After that, anytime I posted anything on my personal Facebook page, she would comment crazy things on them about how I use people to get pictures and have been ignoring her messages and what not. She continued to do this for a short time before I decided to unfriend her, after sending her a message explaining why, and once again telling her that as soon as I have an address she will get her pictures. Still no response.

Apparently, my unfriending her really made her mad. She then posted all sorts of things about me on her page, as well as on all of these local buy/sell/trade groups and local parenting groups on Facebook. Apparently she messaged the admins of these sites, because I found myself kicked out of every single one that I had been a member of. Yesterday, she posted about me again on a local business review page on Facebook, saying that she had PAID me to take those pictures and that I always ignore her when she asks me about it and that I blocked her because I know I'm wrong and all sorts of stuff like that. She also had her friends that I don't know comment on that post saying that the same thing happened to them. I have had two clients who have already paid their non-refundable deposits cancel their sessions, and they told me it was because of what she had posted.

I don't know what to do and I just feel sick. I have worked my butt off to get to where I am today, and this isn't fair. I have NEVER had any other unhappy client, because I go above and beyond to give them the best experience I can, from the time they book their session until the time they receive their digital images or products. I have no idea at all why she is doing this. Doesn't she want her son's newborns pictures? Why does she have all this time to post about me all over Facebook, yet she doesn't have a few seconds to send me a message with an address? We live in a fairly small (and very dramatic) community, and things get around fast. The post she left on the review page yesterday had 72 comments last time I checked, all from people saying how they will never go through me and that they will make sure they tell all their family and friends.

I, of course, have printed out absolutely every message that I have sent her on Facebook, where it shows that she saw it and did not respond. I was also able to get a record of the calls/texts sent and received by phone for 90 days, which shows me calling and texting her several times, with absolutely no calls or texts coming back from her number. I have also printed out the messages from my two clients who cancelled specifically because of what she posted (which it says in their messages). Do you think that with this documentation I would stand a chance in a defamation/libel lawsuit? Or would I just be wasting my money and time? Or does anyone have any other advice or suggestions? Thank you for reading this if you did, and I'm sorry that it's so long.
 
Take all the evidence you have and consult a legal professional.

That's the best advice for you; if you're going into business then having legal contacts is important; they can help you draft up legal contracts that are fair for both parties whilst protecting your interests as well as ensure that problems like this can be solved without too much drama.

Harassment online is a serious thing, but its also very easy to do and people get the idea that they can harass without any real world comeback. Provided the story is as you say it is a sternly worded letter from a legal professional would likely stop her campaign.
 
It almost sounds as if you have been deliberately set up. Perhaps by another, competing shooter and her friends.
 
From what you have said, I would suspect you could "win" a lawsuit... but at what expense/gain? Generally, prior to a lawsuit some other (legal) attempt at resolution has to be tried such as a C&D notice...

But I have to say this is pretty "odd" if the situation is actually as you describe it to be.
 
Beyond everything else,documenting everything is a first line of defense.Very smart move.
 
From what you have said, I would suspect you could "win" a lawsuit... but at what expense/gain? Generally, prior to a lawsuit some other (legal) attempt at resolution has to be tried such as a C&D notice...

But I have to say this is pretty "odd" if the situation is actually as you describe it to be.

Agreed; typically many things can be resolved by a simple letter from a lawyer. Most people don't actually want to "take you to court" they just want to threaten it. If you then call bluff and get some proper legal support many will back down if they know that they've no actual real case to stand on.
 
I did have an attorney look over the portrait agreements and minor model releases that I had drawn up for each session I offer before I officially had a business, but that was after this girl's session. At that time, I stupidly thought that I didn't need any sort of contract, because there was no money involved, and I didn't own a business. I haven't talked to the attorney since then, but I guess I'll call him on Monday and see what he has to say. I always see people threatening lawsuits when people talk bad about them online, and even when legal action is taken, it seems that nothing ever happens, so I didn't know if my situation would even be taken seriously.

Derrel, somehow that never even crossed my mind, but I suppose that's very possible. There are a ton of local "photographers" who would probably love to run me out of business, since I actually know how to properly expose an image, and don't use a point-and-shoot camera/Rebel to do it.
 
Most of the time when someone gets official legal challenge they back down because they know they've not got much of a case or they know that their chances of winning are too small to risk the costs. So chances are it would only take one official letter to close this matter; or at least to prevent any further spread. Considering the impact its had you might also be advised to see a retraction of her statements/accusations and not just a stop of them - however it might also be easier to present your case through your lawyer to the officials of the groups you've been removed from if you feel its worth it to help rebuild your local image.
 
Three words ...Small ...Claims ...Court. It was made for cases like this. These people's libel has cost your business money, so it has done real world damage, both monetarily and to your reputation.

Libel Vs Slander
 
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I know that this situation sounds... completely unbelievable. But seriously, it happened, and I don't know why, but it really, REALLY sucks. I am starting to wonder if it actually is something like Derrel said. I can't think of any other reason why someone would waste 4 hours in my home having their newborn baby's first pictures taken, and then go completely nuts and ignore every attempt I make to get those special pictures that they will cherish for the rest of their lives to them, and then waste even more time posting on every local Facebook group they can find. None of it makes sense.
 
Thank you for your replies and advice everyone.

Rebuilding my reputation is the reason I was considering a lawsuit in the first place. I felt like even if I got her to stop posting and/or to remove the posts, that hundreds or possibly thousands of people have already seen what she has said or have heard about it from somebody. I did try once, before I got removed from the group, to very politely, tastefully, and professionally defend my business, and it was not received well. Apparently if you try to defend yourself, it is because you are guilty. And of course, who is going to believe that someone would refuse to get their newborn's pictures? I certainly wouldn't believe it, if it wasn't happening to me. I thought that maybe if I won a case against her, maybe some people would find out and know that she was lying and spread the word or something. I don't know. I'm extremely upset and discouraged and it sucks.
 
Seriously, get with a lawyer, send Cease and Desist letters, create new accounts on the forums you were banned from and post all evidence once the lawyer clears it, right after you sue the bitches.
 
Haha. I imagine this would be a pretty entertaining case to watch Joe do his thing with. I would love to watch him put her in her place. Maybe you will see me on there someday soon.
 
Tell her you will take her to court if she doesn't stop. oh and make her apologize on her news feed.
 

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