OTM (On Track Modeling) aka
AMG (Alpha Model Group)
To Whom It May Concern:
I just came across your website today —unfortunately
two days too late.
I signed with OTM Model Management in
Philadelphia on Saturday. I can't believe how I
fell for this, and I am not sure what I can (legally)
do now.
Both my husband and myself were "selected," and
we both opted to use their photographer. We paid the
first deposit ($162/person), but now want to back out.
There is no way I am putting forth $500 plus for each
of us to continue with this agency.
Unfortunately, we signed a "Photography Shoot Agreement," which
states that "No refunds will be made on deposits
and or payments of cancelled photo shoots."
My question (as silly as it sounds, as there was a contract)
is this: Is there any way we can get the money back?
Or, since we signed the agreement, is it too late?
I am so upset by these findings —I really believed
what this man had to say.
Thanks in advance for your advice. We are going to attempt
to call tomorrow.
Is there a three-day grace period in Pennsylvania? If
there is, regardless or whether or not the contract said
it, usually the weekend does not count. It is three business
days, so that would take it to Wednesday.
The legal or technical term is a "cooling-off period." Consumers
are allowed a three-day cooling-off period, during which
they can change their minds. It is designed to protect
consumers from hard sales pressure, giving them time
to think and find out more about the company.
You received hard sales pressure if you were asked to
sign a contract immediately after a presentation on Saturday
night. They basically asked you to make a commitment
before you had time to check them out, either at the
BBB, or the Attorney General's office, or online, right?
(The BBB and AG et al are closed on the weekend, so
this is why the cooling off the weekend of holidays do
not count.)
The cooling-off period information I have read says
it must be three business days. If you signed on Saturday,
neither Saturday nor Sunday counts. It's Monday, Tuesday,
Wednesday.
Check with the Attorney General's office or your local
consumer protection agency. Even the BBB. They should
know. Ask them if there is a law about a three-day cooling-off
period in your state.
Other than that maybe all you can do is hassle the company
to get a refund. They have done nothing for you. They
have not provided a product or service. You have not
wasted their money. They should return it.
One approach could be to focus on their photographer.
"Who is your photographer?"
"What is his/her background?"
"What is his professional experience?" (You
want proof, names/publications you could check.)
"Before I spend $1,000, I want to see his/her work.
What is his/her website address?"
If they do not provide a website address, or even if
they do, ask for his/her phone number. Say you want to
speak to him/her directly. (A customer who is going to
spend $1,000 has a right to speak with the photographer
directly.)
You said you "both opted to use their photographer." Please
try and get the name of the photographer, and the website
address. Or at least the name. The photographer should
be contacted after all the previous complaints. After
twenty letters, not one person has provided the name
of their photographer.
I really appreciate your quick reply. I forwarded the
information to my husband, and he is going to call this
morning.
This is all just quite upsetting, because I consider
myself and my husband intelligent people. My husband
is very cynical when it comes to this kind of thing,
and he is surprised at how quickly he fell for the scout's
speech.
We do have the photographer's name, and she does have
a small website, and when we asked the scout multiple
questions about her "resume," he assured us
that she was the best on the east coast.
We weren't impressed with her website, but don't really
know how to judge "good" pictures. Regardless,
we now realize that $600 for 72 color slides is a rip-off —that's
why we want out. I wasn't aware of the fact that normally
comp card pictures should only really cost around $300.
We wrote two checks for the deposit, so we are considering
canceling the checks. I just am not comfortable with
doing that in case OTM uses legal actions against us,
when they realize that the checks are null and void.
My husband tried calling OTM this morning, but was sent
to the scout's voicemail. Not sure if we will get a call
back, and are now concerned that we won't get in touch
with them before the three days is over.
Thanks again,
One person claimed she was avoided when she tried to
get through in the past so your husband may not get through.
But if you call the BBB today (if he does not get through),
they can record the fact you called, and then you have
a witness to the fact you did what you could within a
reasonable time frame. That way OTM cannot claim
you failed to respond quickly enough.
In the case of a very similar company, the consumer
sent a refund request by registered mail to prove it
was sent within the time frame of the deadline.
You said: "We do have the photographer's name,
and she does have a small website." What is
her name? What is her website address?
My husband called the PA BBB who confirmed that the
3-day cooling period is in effect in PA, and said to
both fax a letter to OTM and send a certified letter
by mail informing them that we would like to cancel the
contract, and because of this law, we can do that.
The next step then is to cancel the checks with the
bank. I think I remember the scout said they won't cash
them until we get our pictures (slides) back.
The photographer's name is Jessica Pursley, and her
website is www.jessicapursley.com.
Like I said, her pictures looked fine to me, but I don't
know how to judge that. There wasn't much on her website,
but again, not sure I can judge that.
Thanks again for your info. Hopefully cancelling the
checks is enough to keep our money.
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