Client claims they didn't receive images?

[chasity H]

I took photos for a woman in September 2013, edited her photos, mailed her a CD as I do every other client. She did not respond to confirm that she received her images so I assumed she had received them. Now, months later she is blowing me up on social media everywhere possible stating she didn't receive her images that I scammed her, etc... that she wants her money back. I don't know if shes just having hard times and figured i was an easy target for some quick cash or what but it's quite frustrating.

My page states that I only guarantee backup images for 3 months. I no longer have her images and I'm definitely not giving her money back. She was a rude client from the beginning & her session took over 4 hours when I only charged her for 1 because her daughter was in a cranky mood but I stuck around to assure she got many images as it was her her second birthday.

She has also recently begun blowing up my emails, at first I responded to her but then she became unbearably rude and I ended all contact with her. Shes been blocked on Facebook, Banned on my fan page, etc... But she still tries. For example I created a photo event today, and apparently her being banned did not prevent her from commenting because within minutes she posted about 6 times saying that I was a scam when I'm most definitely not. I had changed my phone number, but she still managed to get ahold of it again and she blows up my phone at least once a week. When she starts this she will call 20+ times in a row.

Now here is the kicker, she is friends with another local photographer, who tends to mock my every move as well as a couple other local photographers. I do not know if the two are related or what but it's become ridiculous.

What can I do about this? After stopping all contact, I really hate to contact her yet again with any further warnings of harassment but I will if need be. I just do not see her stopping due to a warning, I only see the additional contact as getting her going again when she realizes I'm actually seeing it and being bothered by it.

She is interfering with my business & clients. Something has to stop

[Paul]

If you have any proof that she received the images in some way that would definetly help your case because she does have the right to speak out against grievances if she really didn't get the service she paid for; however, this sounds like it might be crossing the line into defamation.

If I were you I would file a civil suit against her for defamation, and ask an immediate ruling for her to stop all contact, comments and postings until the suit is settled.

She cannot call you a scam artist without proof that you scam people. Print off all the emails, and messages she posted, and take them to a lawyer. If your business has decreased, you can sue her for lost wages, business, and perhaps even other damages as well.

I know, as a business owner myself, we are always afraid of looking heavy handed by taking legal routes, but we have just as much right to defend ourselves as do our customers, but in the future, you might want to mail things and require signature of receipt, and if you don't have all ready, put in your contracts that a customer must contact you within 90 days of the shoot that their photos have not been received or you might be unable to provide them with copies. Always have everything in writing and signed.

[Kittysue]

As Paul says, you need to first get a lawyer, then see if there is enough evidence to bring a libel and defamation case against her. You would be allowed to recover any expected money you feel you may have lost due to her posts

[shockman]

I can think of two ways you can avoid this problem in the future.

1. Use certified mail
2. Host photos using a file-sharing solution (this way you'd be able to tell when a client downloads a file)

[bcnu]

You promised to deliver the images. If you have proof that she received them, you're all set. If not, you have no choice but to refund her money and hope she doesn't sue you.