Derby photographer fined after customers complain
WICHITA, Kan. (KSNW) — Two customers who were unhappy with a Derby photographer took their concerns to investigators. On Thursday, District Attorney Marc Bennett announced the investigation is over, and the photographer must pay the customers back.
Bennett says the DA’s Consumer Protection Division got several complaints about Caitlin Payne, who does business as CP Family Photography.
After the investigation, the district attorney’s office alleged that Payne violated the Kansas Consumer Protection Act (KCPA) by deceptively advertising photography services using photographs taken by other photographers and failing to disclose to the consumers that the pictures were not hers.
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The Consumer Protection Division said it also got a complaint that Payne sent a replacement photographer to a wedding while she was allegedly attending another event and failed to disclose that the replacement lacked the skills to perform the agreed-upon services.
Payne denies that she intentionally violated the KCPA but accepted a consent judgment to resolve the matter. Judge Deborah Hernandez Mitchell signed the judgment on Tuesday.
According to the DA’s office, the consent judgment calls for:
$30,000 in civil penalties, additional investigative expenses, and court costs,
A four-year probationary period with the Consumer Protection Division,
Paying $2,349.70 in restitution to two customers,
An injunction from engaging in deceptive or unconscionable acts, and
Cooperation with any future complaints.
Bennett says Payne has promised in future offers of her photography services not to use other photographers’ photos unless it is clear those photos are only a style she can reproduce.
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KSN News reached out to Payne for a comment. She sent us this statement.
The District Attorney’s office and I have come to a consent judgment on this case. While this very public case has been incredibly detrimental to both the safety of my family and reputation of my business, I am glad we have finally come to an agreement and the issue can be resolved. I am grateful to the District Attorney’s office and their investigators for their kindness and support. I would like to reiterate that I am not admitting any fault in the settlement, it is solely to get the matter resolved so all parties can move forward. I understand that many people do not understand the legal system, so I would like to point out that the restitution amount in this case is only a little over $2400 for two customers, with the other amounts being investigative fees and court fees. The $30,000 is held in abeyance which solely means that should a judge find me in violation of the consumer protection act again in the future, that amount would be due. I would like to thank everyone for their support in this matter.”
Caitlin Payne, CP Family Photography
Bennett said there are things people can do to protect themselves when hiring a professional for a service:
Make sure to get the scope of work and all promises in writing.
If you pay for the services in advance or make a deposit, make sure you understand if you are entitled to a refund if the professional fails to perform services or you need to cancel.
Always research the professional, including checking available websites such as the Better Business Bureau.
If the professional provides references, be sure to verify they are legitimate.
Ask for samples of work the professional has previously performed.
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