Misleading talent scout business practices - what to do?

[aogable]

Hello, everyone! This is my first post, and luckily the first time I've found myself in need of legal advice! Sorry this so long; I just want to be thorough.

I recently responded to an ad on Craigslist looking for movie and TV extras (I cannot post links, but if you search "1903733691" under "Jobs" on NY's Craigslist, it should come up). The specific ad was for "Law & Order" extras. There was a disclaimer stating: "We are a Model Talent Development Co. Not an Employment Agency or Casting Agency. We do not provide jobs. If you are qualified we will refer you to licensed agents who offers employment. "

Long story short, I was pressured into purchasing headshots that were required in order to be referred to an agent to get the job that I responded to the ad for. I was led to believe that I was paying for the photos, referral to the agent, and access to their website, where I could post my information and view job opportunities. It has become apparent that the agent I have been referred to does not have access to the jobs advertised on Craigslist, and sign up on their website is free.

I would think they would be guilty of some sort of false advertising/misleading business practice laws:

• While I understood that they are not an agency, it was implied that they had a connection to the job posted on Craigslist.
• I was told that the photos would be color corrected, though they are of poor quality and do not seem to have been edited by a professional.
• When charged for their services, the name that appeared on the receipt was different than what they operate under, which was never mentioned, and a warning that no refunds are made was printed on the receipt only AFTER I was charged.
• The man I dealt with made claims that models/actors used his services, and when I contacted one, she said this was not true.

Here is NY GBL section 396 under Article 26:
"§ 396. Unlawful selling practices. 1. No person, firm, partnership, association or corporation, or agent or employee thereof, shall, in any manner, or by any means of advertisement, or other means of communication, offer for sale any merchandise, commodity, or service, as part of a plan or scheme with the intent, design, or purpose not to sell the merchandise, commodity, or service so advertised at the price stated therein, or with the intent, design or purpose not to sell the merchandise, commodity, or service so advertised. Nothing in this section shall apply to any television or sound radio broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising, who broadcasts, publishes, or prints such advertisement."

Laws under NY GBL Section 187 (Article 11) would apply if they were actually an agency. I read about both of these laws on the Better Business Bureau's website.

I do plan on trying to get a refund before seeking legal action, though I found out they have an F on the Better Business Bureau's website and rarely respond to complaints. I certainly dropped the ball on researching them beforehand. It turns out they constantly change business names and phone numbers though operate out of the same address, which spreads out complaints against their operation all over the web.

I do not understand how this company can operate legally. I would like to bring it to a court's attention to force them to abandon their misleading practices. They seem to get over on people every day for hundreds of dollars a person. Should I contact the police, BBB, FTC, New York Department of Consumer Affairs, the attorney general – or ALL of them? Take them to small claims court? File a dispute with my credit card company? Thank you so much for your help. I sincerely appreciate your time.

 

[army judge]

Craigslist reminds me of the bar scene in one of those space flicks. You see all manner of livestock engaging in all manner of debauchery and raising a ruckus.

Craigslist has seen murderers, rapists, child molesters, kidnappers, perverts, con-artists, and every other deviant on the planet ply it's unscrupulous trade.

No one should ever do anything on Craigslist but read the adverts and chuckle.

That said, you have no idea where the scammer, that clipped you even resides. Many of those bums operate out of Asia, Africa, or Eastern Europe. Once you feed those thieves, your funds end up in Alice's Wonderland.

Good luck getting a refund. Your legal remedies are few, if any. You can sue, but sue who? Sue X you say. Where is X?

 

[Darsha05]

Understanding your options, you can do all of the above if it makes you feel better about feeling scammed but as army stated...that is all you may gain from it. At the very least contacting your credit card company <not bank card> may prove to be valuable. Filing a dispute as we all now means that we are not happy with a purchase and most cc companies do favor their customers. Once you file a dispute with your cc, they will attempt to contact the vendor who then has 30 days to validate the charge (some card companies require less response time from the vendor) and it's on them to "prove" the charge. It almost sounds as if these people won't respond and you win by default...cc credited for charge plus interest. Having worked in this field, disputes are time sensitive towards the vendor so I would definitely take advantage of at least option. If you received the item that you are disputing, make sure to disclose that but beware of the vendors return policy; that is the only spot I can see where they might get ya and win.

Good luck...keep is posted...