Legal Question in Consumer Law in Missouri

Not refunding all of my deposit.

I am having a problem with a privately owned photography company. I originally meet with this company in Mid-August 2004 to see their prices and packages for wedding pictures. I was told at that time, no date was reserved until I placed a deposit with them. The deposit was 1/2 of the total package price. I did not pay the deposit until 11/01/04. (Check was cashed on 11/04/04). Now (12/13/04) we decided to have our wedding at the court house and requested our deposit back. They kept 10% for reserving the date. The wedding/date of service needed was 06/11/05. I cancelled services on 12/13/04. That is almost 6 months notice. They said that the had people inquire about that date and thats why they are keeping 10%. But yet, no one seemed to inquire in the 2 1/2 months they were awaiting my payments. My problem is: I never signed a single paper saying they would keep 10%, or any paper for that matter. They never gave me any documents stating I would have to forfeit 10%. They never told me about the 10% until the day I cancelled. When I told him that I would seek legal advice, he told me to go for it. I think Im being treated like this because im 23. Is there anyway that I can get my full deposit? No one said I would lose 10% to cancel.


Asked on 12/13/04, 5:44 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Not refunding all of my deposit.

If not part of a written contract, the 10% retention would be unlawful.

Write them a letter and advise them that under Section 407.020, "The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce." Trade or commerce is considered to be the provision of services (like commercial photography). You would have a cause of action against them under the statute and could pursue that in Small Claims Court if the amount was less than $3,000.

Good luck.

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Answered on 12/14/04, 9:08 am


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