Legal Question in Civil Litigation in Georgia
Wedding Video Misrepresentation
1. Videographer (''V'') & Photographer (''P'')'s husband (''Ph'') misrepresented V's abilities & services. I electronically ''signed'' V's Contract via email. Contract not fulfilled.
2. Wedding video unacceptable: sub-std. equip., audio pops/surges, bad color, sloppy edits, groom's name spelled right once/wrong once on DVD cover, reception in b/w, no video of 1st dance-V blamed DJ, etc. V says he is ''surprised'' we are unhappy.
3. P (from ATL's Top 10 List) shot same wedding. Ph recommended V to me. Ph & V are friends. V gave my VISA # to P (&/or Ph) to bill against P's Co. acct.--(w/o my knowledge/consent). I agreed to pay V, not P, but was chg'd by P's co.
4. V now claiming bogus add'l. charges. Ex: $75 for add'l. camera battery (chgs. not in contract).
5. V charging $30 for ''VISA Bankcard interest'' when apparently HE isn't set-up w/ VISA chg. svcs.
6. V refusing to refund any of $900 charged (by P &/or Ph) to my VISA #.
7. Can I force V to refund my money?
8. Since P (&/or Ph) billed my VISA w/o my consent, is this considered fraudulent use of my VISA #? Do I have a case against them, too? Who is liable? What is penalty? Other damages?
9. Would refund cover atty's fees/ court costs, or should I cut my losses & get over it?
1 Answer from Attorneys
Re: Wedding Video Misrepresentation
It sounds like you have a fairly complex breach of contract claim. In a very general sense, look to the terms of the contract, but without knowing more, it would be hard to give you a complete answer. I would suggest hiring local counsel to at least look into the case to see if you have a valid claim worth pursuing.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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