Super Aggressive Marketing

Ldefinitive on 28/07/2015 - 15:33

A while back, I attended a social event. At the place, they had set up booths and photographers, which were nice - at the time. A few friends got together, and joined a line of photos to be taken, provided by the event. After they took our photos, we checked the prices on their website, and noped out right away - 8 photos for $120!

I left it at that, and didn't order any. Which should be fine (most people didn't order it either - photos were more expensive than the event), but today I got a package in my mail: a set of eight photographs.

My first thought, must be a mistake. But attached with the package of photos was an invoice: Giving me the option to keep the photos and pay, send back some of the photos and pay for the rest, or send back all of the photos. The options required $4.00 shipping, even with a purchase (unless you sent back all the photos).

So they printed the photos without me ever requesting them to, they sent them to me without me ordering anything and now they give me the option to send them back (with an envelope the size of a credit card for almost A5 sized photos) or to pay up within 10 days. Is this allowed? What kind of marketting is this? What should I do with it?

(The instructions that came with it said either to just send back the order form with money, or put the photos back into the package, and tape on the tiny envelope)

General Discussion

Comments

  • strikerzebra on 28/07/2015 - 15:35

    Is the company Event photos or something?

    • definitive on 28/07/2015 - 15:59

      Yep.

      • strikerzebra on 28/07/2015 - 16:04
        +7

        I don't think they have any of your payment details so have no way of actually charging you for the photos they send you.

  • bonezAU on 28/07/2015 - 15:41
    +1

    put the photos back into the package, and tape on the tiny envelope

    this

  • Davros on 28/07/2015 - 15:42
    +24

    Scan the pics
    send them back

    • definitive on 28/07/2015 - 15:58
      +8

      Haha, doing that now!

  • hashtagbargain on 28/07/2015 - 15:43
    +1

    How do they know your address? Was the post registered or tracked - that is, did you sign for the package?

    • definitive on 28/07/2015 - 15:59

      When we get our photos taken, we hold up a piece of paper with our barcode, event number and address - but the paper doesn't state anything about purchases or prices.

  • loulou1 on 28/07/2015 - 15:48
    +13

    I personally would not send them back, nor would I pay. Load of rubbish.

    • donga100 on 28/07/2015 - 15:59
      +6

      This. Just claim you never received them or thought they were junk mail or something.

  • Master Bates on 28/07/2015 - 15:56
    +20

    According to Fair Trading NSW you don't need to do anything, but must give them back undamaged if they come to collect within a 3 month period: Source

    I couldn't find an easy to read version for SA, but some of the legislation is here for reference.

    • definitive on 28/07/2015 - 16:03
      +14

      Thank you! I think this is good. I have no issues sending them back, nor scanning them or whatever, but I just found this kind of marketing to be stupid and unethical. I mean, what are they going to do with the photos after we send them back? Scrap them?

      They're basically trying to guilt the subject of the photographs into buying some ridiculously overpriced photos.

      • nikey2k27 on 28/07/2015 - 19:38

        That how there system works.

      • [Deactivated] on 28/07/2015 - 21:49
        +4

        Email them advising they have one month to collect the goods. If they didn't mention "This is not a bill. You are not required to pay any money” on their invoice, let them know it is an offence to demand payment and pass the details on to SA's Consumer and Business Services.

        SA's Consumer and Business Services webpage on unsolicited supplies:

        it is an offence for businesses to demand payment for unsolicited goods or services.
        …

        Businesses must not issue an invoice for unsolicited goods or services supplied unless the invoice contains the required warning statement – “This is not a bill. You are not required to pay any money”. This warning statement must be the most prominent text on the document.
        …

        If businesses provide unsolicited goods or services
        …

        • The business is entitled to recover the goods within three months (called the “recovery period”). However, if the recipient advises the business in writing that they do not want the goods, then the recovery period is reduced to one month. The recipient cannot unreasonably refuse to allow the supplier to collect the goods during the recovery period.
          …

        • If the unsolicited goods have not been collected within the recovery period the recipient can keep the goods without any obligation to pay.

        • inherentchoice on 28/07/2015 - 22:29
          +1

          If OP sends such an email to the supplier then the email has to state where they can recover the goods.

          I suspect that webpage is wrong about advising the supplier that you do not want the goods. Nowhere in paragraph 41 of the ACL does it require the notice to say anything about not wanting the goods.

        • [Deactivated] on 28/07/2015 - 22:35
          +1

          @inherentchoice:

          They probably mean it as "a statement to the effect that the goods are unsolicited goods":

          41 - (5) A notice under subsection (4)(b):
          (a) must be in writing; and
          (b) must state the name and address of the person who received the goods; and
          (c) must state the address at which possession may be taken of the goods, if it is not the address of the person; and
          (d) must contain a statement to the effect that the goods are unsolicited goods.

          And just to point out, in case anyone is unsure, email is deemed to be 'writing':

          Electronic Transactions Act

          4 Simplified outline
          The following requirements imposed under a law of the Commonwealth can be met in electronic form:
          (a) a requirement to give information in writing;

        • inherentchoice on 29/07/2015 - 11:09
          +1

          @Thrift:
          True. So the webpage is not exactly wrong, but there would be different ways to satisfy paragraph 41(5)(d) of the ACL. For example maybe it would be sufficient to say that "I never requested the photos."

    • inherentchoice on 28/07/2015 - 22:27

      The SA Act you linked applies the Australian Consumer Law as a law of South Australia, which I've referenced in my comment below…

    • SirFlibbled on 29/07/2015 - 13:59
      +1

      The Australian Consumer law applies nationwide.

      However (and I'm playing devil's advocate), arguably you may not have received unsolicited goods as I assume you provided them with your details at the event and it's highly likely there was some small print when you did. This doesn't mean you are required to pay for the goods but the unsolicited goods laws may not apply in this situation.

  • Bonsaichop on 28/07/2015 - 15:58
    +7

    If they sent it without tracking/registered post i.e. just regular mail. There's no way to prove that you received them in the first place…

    • bauser99 on 28/07/2015 - 17:28
      +3

      Indeed…. what photos?! :)

  • TimApple on 28/07/2015 - 18:19

    Write a blog post, take some photos, blur out unnecessary details, and shame the company online. That should make them stop. It's seriously unethical.

  • PVA on 28/07/2015 - 21:57
    +5

    seal the package back up and write on it Not At This Address, Return To Sender and pop in a post box.

    • GregFiona on 28/07/2015 - 22:33
      +3

      with or without the photos inside? :)

  • PVA on 28/07/2015 - 22:00
    +2

    I dont understand the extreme prices, if they were more reasonable they would get people buying.

    • [Deactivated] on 28/07/2015 - 22:47
      +6

      Sending out all those unsolicited packages can't be cheap :)

      • kima on 29/07/2015 - 20:56
        +2

        you would be surprised how often it works.

  • inherentchoice on 28/07/2015 - 22:12
    +5

    The relevant law is paragraphs 40-42 of the Australian Consumer Law (ACL)…

    https://www.comlaw.gov.au/Details/C2011C00003/Html/Volume_3#…

    Notice paragraph 41(2)(b) states:

    at the end of the recovery period, the goods become, by force of this section, the property of the other person freed and discharged from all liens and charges of any description.

    And the recovery period is defined as 3 months after OP received the photos or 1 month if OP sends them a letter with his/her name and the address where they may come and recover the photos.

    Under paragraph 40(3)(b) of the ACL, the invoice OP received must have a warning statement with the following text:

    This is not a bill. You are not required to pay any money.

    Source: http://www5.austlii.edu.au/au/legis/cth/consol_reg/cacr20103…

    As OP hasn't specified that he received such a warning statement, it seems the business is in breach of the Consumer Law.

    Disclaimer: I am not a lawyer blah blah….

  • lonix on 29/07/2015 - 12:14

    Put them back in the envelope they came in and write on the front "Return to sender, unknown at this address" on the front and drop it into your nearest post box

    Edit - oops just read the comment a few above :(

  • [Deactivated] on 29/07/2015 - 14:13

    I would do nothing. I doubt they can debt collect on such small amount and if they do, go to ACCC

  • KaTst3R on 31/07/2015 - 15:57
    +1

    Act Innocent…"I didnt order the photos nor received anything…did you check with Australia Post to see if it is lost?"…

  • Wantone on 03/09/2015 - 16:23

    Sounds like my school formals back in the day. If you do not do anything, they will ring you up and ask if you wish to purchase them.

    Send them an invoice that it will take 20mins for you to locate a postal box and you charge $70/hr or part of. If they wish to pay the amount they can have the photos back or else pay a courier to pick it up from your place. Say you're not sure what time you will be home but it may be anywhere between 9am to 5pm.

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