Forums > Model Colloquy > Scammed in Toronto?

Model

Lorelei Burlesque

Posts: 12

Toronto, Ontario, Canada

I was foolish to give an Upfront Fee (half of the total) for a photoshoot with a Talent Agency, the photoshoot never took place, because they cancelled the day before and never rescheduled.
Unfortunately I didn't Google the owner or the agency before,  later I found out he had been investigated by fraud a couple of years ago and also had a couple of complaints on ripoffreport.com.
I called the agency and said that I wanted my deposit back but he insisted that they where no refunds on photos and got very aggressive, he even got the nerve to threaten to sue me for slander.

I reached out to the BBB with my complaint, and the guy texted me saying that he received the complaint and again continued to tell me he wasn't going to give me my deposit back, but if I payed the rest of the $450 his brother would re-schedule and do the photoshoot.

What else can I do? I also called the Canadian anti-fraud commission, they wrote down my complaint but since it's less than $500 they can't do much. Thanks in advance.

Apr 19 14 10:11 pm Link

Photographer

OnSite Photography ca

Posts: 370

Toronto, Ontario, Canada

Sorry to hear about your bad luck but this happens everywhere. Agencies should not be taking fees from you unless they are sending you to paid work. Take it as a lesson as you are unlikely to get you money back. Likely, the best thing to do is to collaborate with local photographers to get the portfolio that you want. Yes, you may meet some GWCs and fauxtographers that just want to get you naked. However, try to develop your "Spidy Senses" and find the good photographers to work with. In this industry, the weak and inexperienced will almost always be taken advantage. I've had agencies, magazines, studios promotion companies and models make offers for my work that provided nothing tangible. So, you just have to grow up fast and believe that if a deal seems to be too good to be true, then it is. Most successful comes from hard work and networking. If you find a shortcut to that, please let me know.

Apr 19 14 10:31 pm Link

Photographer

Images by MR

Posts: 8908

Vancouver, British Columbia, Canada

MissAntrophy wrote:
I reached out to the BBB with my complaint, and the guy texted me saying that he received the complaint and again continued to tell me he wasn't going to give me my deposit back,

I don't believe the bbb would ever give out your info to anyone.

Apr 19 14 10:38 pm Link

Model

Payton Hailey

Posts: 939

Toronto, Ontario, Canada

Sue this sketch ball!

Apr 20 14 12:06 am Link

Photographer

J Haggerty

Posts: 1315

Augusta, Georgia, US

How did you pay? If via PayPal or check you can definitely get in touch with customer service and have the money pulled and the account reported.

Apr 21 14 09:45 am Link

Photographer

ChadAlan

Posts: 4254

Los Angeles, California, US

MissAntrophy wrote:
I was foolish to give an Upfront Fee (half of the total) for a photoshoot with a Talent Agency, the photoshoot never took place, because they cancelled the day before and never rescheduled.
Unfortunately I didn't Google the owner or the agency before,  later I found out he had been investigated by fraud a couple of years ago and also had a couple of complaints on ripoffreport.com.
I called the agency and said that I wanted my deposit back but he insisted that they where no refunds on photos and got very aggressive, he even got the nerve to threaten to sue me for slander.

I reached out to the BBB with my complaint, and the guy texted me saying that he received the complaint and again continued to tell me he wasn't going to give me my deposit back, but if I payed the rest of the $450 his brother would re-schedule and do the photoshoot.

What else can I do? I also called the Canadian anti-fraud commission, they wrote down my complaint but since it's less than $500 they can't do much. Thanks in advance.

Oh I'm sorry, that's terrible! I hope you hit a streak of good luck to make up for this. $900 is a lot for a shoot (most likely wanted a few shots to represent you?)

Have you looked at www.newmodels.com?

Expensive lesson, but at least you didn't pay the entire amount for a handful of worthless photos his brother took.

Apr 21 14 09:55 am Link

Model

JoJo

Posts: 26560

Clearwater, Florida, US

MissAntrophy wrote:
I was foolish to give an Upfront Fee (half of the total) for a photoshoot with a Talent Agency, the photoshoot never took place, because they cancelled the day before and never rescheduled.
Unfortunately I didn't Google the owner or the agency before,  later I found out he had been investigated by fraud a couple of years ago and also had a couple of complaints on ripoffreport.com.
I called the agency and said that I wanted my deposit back but he insisted that they where no refunds on photos and got very aggressive, he even got the nerve to threaten to sue me for slander.

I reached out to the BBB with my complaint, and the guy texted me saying that he received the complaint and again continued to tell me he wasn't going to give me my deposit back, but if I payed the rest of the $450 his brother would re-schedule and do the photoshoot.

What else can I do? I also called the Canadian anti-fraud commission, they wrote down my complaint but since it's less than $500 they can't do much. Thanks in advance.

Not sure where in Toronto you are located but your first stop should be at Metro Police http://www.torontopolice.on.ca/
Don't send them a text or an email or even phone... put whatever evidence you have (contract, receipt, paypal, names and addresses) together and go to a police station.
An officer or detective will take your statement/complaint and go to work on it.

Going to the BBB is completely useless.

You may also want to look into Small Claims Court http://www.attorneygeneral.jus.gov.on.c … efault.asp

Apr 21 14 10:16 am Link

Photographer

Cherrystone

Posts: 37171

Columbus, Ohio, US

JoJo wrote:

Not sure where in Toronto you are located but your first stop should be at Metro Police http://www.torontopolice.on.ca/
Don't send them a text or an email or even phone... put whatever evidence you have (contract, receipt, paypal, names and addresses) together and go to a police station.
An officer or detective will take your statement/complaint and go to work on it.

Going to the BBB is completely useless.

You may also want to look into Small Claims Court http://www.attorneygeneral.jus.gov.on.c … efault.asp

This
/thread

Apr 21 14 10:25 am Link

Photographer

Drew Smith Photography

Posts: 5214

Nottingham, England, United Kingdom

Obviously don't even consider paying the other half to secure the shoot. Please don't do that.

Do what JoJo said - go and make a damn nuisance of yourself in person. Don't give up or give in. And good luck.

Apr 21 14 10:39 am Link

Model

Nicole Nu

Posts: 3981

Toronto, Ontario, Canada

Drew Smith Photography wrote:
Obviously don't even consider paying the other half to secure the shoot. Please don't do that.

Do what JoJo said - go and make a damn nuisance of yourself in person. Don't give up or give in. And good luck.

+1

yup

Apr 21 14 10:41 am Link

Model

Goodbye4

Posts: 2532

Los Angeles, California, US

Drew Smith Photography wrote:
Obviously don't even consider paying the other half to secure the shoot. Please don't do that.

Do what JoJo said - go and make a damn nuisance of yourself in person. Don't give up or give in. And good luck.

+1

Apr 21 14 03:02 pm Link

Photographer

Model Mentor Studio

Posts: 1359

Saint Catharines-Niagara, Ontario, Canada

JoJo wrote:

Not sure where in Toronto you are located but your first stop should be at Metro Police http://www.torontopolice.on.ca/
Don't send them a text or an email or even phone... put whatever evidence you have (contract, receipt, paypal, names and addresses) together and go to a police station.
An officer or detective will take your statement/complaint and go to work on it.

Going to the BBB is completely useless.

You may also want to look into Small Claims Court http://www.attorneygeneral.jus.gov.on.c … efault.asp

The police would likely call it a civil matter. Proving intent to defraud would be very difficult. However breach of contract in small claims is pretty easy to get. The Justices in small claims don't mess around. Have your paperwork. They don't always accept emails as evidence because no one can prove who sent them.

Apr 21 14 03:07 pm Link

Model

Lorelei Burlesque

Posts: 12

Toronto, Ontario, Canada

I called the police when the guy told me he was happy to take all my money, but they just directed me to the small claims court, and they told me that it would take me more money to sue him that the money I lost.
It's still a bit of money for me because I just returned to Canada and I'm not working yet, but I'm angry that crooks like that get away with ripping people off.
He still advertises every day on Craiglist. I wonder how many more people fall for this. I wish I was the only one.

Thank you for all the suggestions and replies!

Apr 21 14 07:23 pm Link

Model

Lorelei Burlesque

Posts: 12

Toronto, Ontario, Canada

Jennifer Haggerty wrote:
How did you pay? If via PayPal or check you can definitely get in touch with customer service and have the money pulled and the account reported.

Unfortunately he said he had problems with the debit/card machine, so I had to give him cash... this was a red light, I almost left on my way to the ATM sad

Apr 21 14 07:26 pm Link

Model

Lorelei Burlesque

Posts: 12

Toronto, Ontario, Canada

Rick OBanion Photo wrote:

The police would likely call it a civil matter. Proving intent to defraud would be very difficult. However breach of contract in small claims is pretty easy to get. The Justices in small claims don't mess around. Have your paperwork. They don't always accept emails as evidence because no one can prove who sent them.

BBB was not useful at all. My last hope is this... http://www.ontario.ca/consumers/filing- … -complaint

Apr 21 14 07:33 pm Link

Photographer

Maxximages

Posts: 2478

Los Angeles, California, US

Have you looked into small claims court

http://www.ontariocourtforms.on.ca/english/scc

Apr 21 14 07:43 pm Link

Model

90s sub pop records

Posts: 609

Livermore, California, US

Well, that's a shame.

Next time, make sure to use Google before shooting with a sketchy guy.

Apr 21 14 08:36 pm Link

Photographer

Peach Jones

Posts: 6906

Champaign, Illinois, US

Does he have a central studio or physical address? If so, make sure he is there and then go there and call the police. Tell the police that this person stole from you and that you want your money back. Hopefully the police will question him and ask him to give you the $$ back while right there in front of you. If he refuses or the police refuse to push the issue with him then it is probably over. An expensive lesson but hopefully it is a lesson learned.

Apr 21 14 09:23 pm Link

Model

JoJo

Posts: 26560

Clearwater, Florida, US

MissAntrophy wrote:
I called the police when the guy told me he was happy to take all my money, but they just directed me to the small claims court, and they told me that it would take me more money to sue him that the money I lost.
It's still a bit of money for me because I just returned to Canada and I'm not working yet, but I'm angry that crooks like that get away with ripping people off.
He still advertises every day on Craiglist. I wonder how many more people fall for this. I wish I was the only one.

Thank you for all the suggestions and replies!

"I called the police..."
First mistake... go in person

"and they told me that it would take me more money to sue him that the money I lost"
Ontario small claims court filing fee is $75
... and if you can't afford the $75 fee you can apply for a "fee waiver" - just fill out a form.

Don't phone the police or courts - go in person!!!

Go to the small claims court office nearest to you - ask them for a "fee waiver" - they will even help you fill out the form... and if the Court Clerk is there (and not busy) you just might get the "fee waiver" approved on the spot.


BTW - did you report this guy to Craigslist? No?... Do It !!

Apr 21 14 11:10 pm Link

Model

Lorelei Burlesque

Posts: 12

Toronto, Ontario, Canada

Maxximages wrote:
Have you looked into small claims court

http://www.ontariocourtforms.on.ca/english/scc

thank you!

Apr 21 14 11:17 pm Link

Model

Lorelei Burlesque

Posts: 12

Toronto, Ontario, Canada

JoJo wrote:

"I called the police..."
First mistake... go in person

"and they told me that it would take me more money to sue him that the money I lost"
Ontario small claims court filing fee is $75
... and if you can't afford the $75 fee you can apply for a "fee waiver" - just fill out a form.

Don't phone the police or courts - go in person!!!

Go to the small claims court office nearest to you - ask them for a "fee waiver" - they will even help you fill out the form... and if the Court Clerk is there (and not busy) you just might get the "fee waiver" approved on the spot.


BTW - did you report this guy to Craigslist? No?... Do It !!

thanks for the advice JoJo. I did report it on Craiglist, they deleted his ads from last week, but he's posting again maybe from a different email. I did flag his new ad.

Apr 21 14 11:19 pm Link

Photographer

LightDreams

Posts: 4428

Vancouver, British Columbia, Canada

Images by MR wrote:
don't believe the bbb would ever give out your info to anyone.

Just an FYI.  The FIRST step at the BBB is to get the businesses (the "other") side of the story, so the business would definitely be made aware of it.  The BBB is funded by member businesses, but they do work to either mediate a solution or try and stamp out the bad players.

So it's just part of the process...

Apr 22 14 11:03 am Link

Model

Lorelei Burlesque

Posts: 12

Toronto, Ontario, Canada

LightDreams wrote:

Just an FYI.  The FIRST step at the BBB is to get the businesses (the "other") side of the story, so the business would definitely be made aware of it.  The BBB is funded by member businesses, but they do work to either mediate a solution or try and stamp out the bad players.

So it's just part of the process...

Really disappointed of the BBB, filed a consumer complaint. Hope I have better luck with them.

Apr 28 14 04:20 pm Link

Photographer

Dorola

Posts: 479

Toronto, Ontario, Canada

One of the things you can do is go onto the Ontario Court website and download the form "7A". Then fill it out and send it to the agency. Tell them you are going to file the form and they will be required to show up in court. If they don't show up in court, a warrant will be issued and they will have have to come anyway. They can try to explain in front of a judge why they offer a photoshoot and did not carry it through, kept your money and asked for more. Do it as a bluff to make them pay you back and actually file it if they don't want to refund you. The court office is at 47 Shepard East (Yonge and Shepard). I have filed several 7a forms in small claims court and know the process. If you want me to send you a copy of the form, just send me a PM with your e-mail and I can send and electronic copy that you can fill out and send to the talent agency.

Apr 28 14 04:39 pm Link

Photographer

Archived_Account

Posts: 23

Abu Dhabi, Abu Dhabi, United Arab Emirates

Images by MR wrote:

I don't believe the bbb would ever give out your info to anyone.

Perhaps the description of the complaint alone was enough for the business to identify her, especially since she tried to resolve it herself first.

Apr 28 14 08:26 pm Link

Photographer

Matt Blais Photography

Posts: 1954

Riverside, California, US

I had a car dealer pull one on me 20 years ago...Once I discovered what they did (near the last payment) I went down with a sign that simply read "Unfair Business Practice"
And walked the sidewalk out front for about 3 hours before they cut me a check.

As long as you don't name them directly (slander) I'd give that a last resort try smile
Of course that's if they have an office location...

A hard lesson you'll remember forever...

Apr 28 14 08:50 pm Link

Photographer

AVD AlphaDuctions

Posts: 10747

Ottawa, Ontario, Canada

Dorola wrote:
One of the things you can do is go onto the Ontario Court website and download the form "7A". Then fill it out and send it to the agency. Tell them you are going to file the form and they will be required to show up in court. If they don't show up in court, a warrant will be issued and they will have have to come anyway. They can try to explain in front of a judge why they offer a photoshoot and did not carry it through, kept your money and asked for more. Do it as a bluff to make them pay you back and actually file it if they don't want to refund you. The court office is at 47 Shepard East (Yonge and Shepard). I have filed several 7a forms in small claims court and know the process. If you want me to send you a copy of the form, just send me a PM with your e-mail and I can send and electronic copy that you can fill out and send to the talent agency.

sorry I missed this when it first was posted.  ummm....Form 7A in regular court was/is the form for the appointment of a litigation guardian.   You need to specify Form 7A for small claims court.

Apr 29 14 04:42 am Link

Photographer

AVD AlphaDuctions

Posts: 10747

Ottawa, Ontario, Canada

Matt Blais Photography wrote:
I had a car dealer pull one on me 20 years ago...Once I discovered what they did (near the last payment) I went down with a sign that simply read "Unfair Business Practice"
And walked the sidewalk out front for about 3 hours before they cut me a check.

As long as you don't name them directly (slander) I'd give that a last resort try smile
Of course that's if they have an office location...

A hard lesson you'll remember forever...

it's not slander/libel if you are telling the truth or at least something you have a very reasonable belief is the truth.  It could be other things so I would not recommend such a public display on the sidewalk.

Apr 29 14 04:45 am Link

Model

Lorelei Burlesque

Posts: 12

Toronto, Ontario, Canada

Dorola wrote:
One of the things you can do is go onto the Ontario Court website and download the form "7A". Then fill it out and send it to the agency. Tell them you are going to file the form and they will be required to show up in court. If they don't show up in court, a warrant will be issued and they will have have to come anyway. They can try to explain in front of a judge why they offer a photoshoot and did not carry it through, kept your money and asked for more. Do it as a bluff to make them pay you back and actually file it if they don't want to refund you. The court office is at 47 Shepard East (Yonge and Shepard). I have filed several 7a forms in small claims court and know the process. If you want me to send you a copy of the form, just send me a PM with your e-mail and I can send and electronic copy that you can fill out and send to the talent agency.

thank you! I will smile

May 12 14 09:16 pm Link