Unsolicited school pictures that you have to pay for or return

[mrsv98]

Hi everyone. I realize this is a very old thread, but since companies like LifeTouch are still doing this, I wanted to post. My son received a large package of pics with a demand to pay or return and I'm not comfortable with either option, 1 paying for pics I didn't order or, 2 sending pictures of my child to a company. Did you know that even if they shred the pics (and honestly, what guarantees that's what happens?), photos can't be recycled due to the photo ink used. Frankly, I don't like pics of my child floating around because I *have* had people take them and claim them as their own. Anyway!

I am the chairperson that handles picture day at my son's school, but the PTA has nothing to do with anything other than scheduling and setting up volunteers. It is ALL the school on the business side. They decide what company and all that.

Now, that said, do you have to return them? No. Apparently, according to the FTC and USPS, by law you do not have to return any unsolicited goods. However, sometimes schools (especially those partnered with LifeTouch) will hold a child's report card until the bill is paid, even though that's not legal because of the unsolicited goods laws AND the fact that photos are property of the photo studio (as well as yours since it's YOUR child) unless the school signed a contract to be liable for the not-returned images. Essentially, there's no contract with you and the photos are unsolicited, so they're yours to do with as you wish. If the schools try to force you to pay, you can always open a class action civil litigation.

If you don't want to deal with a problem with the school but don't want someone else to have pics of your child, just mark them up and send them back. Otherwise, you are perfectly entitled to keep the pics.

FTC: https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

It is so funny this thread was revived today since I just found a pack of pictures in DD's bag this morning! Now keep in mind, we just paid for "graduation" pictures for 8th grade and so even though it was on the school calendar I didn't think the 8th graders would be included.

According to the information I found, we could keep them without paying for them since we did not ask for them to be taken. I won't of course, I will send them back with DD on Monday but I find it annoying and a money grab to say the least. argh

 

[EMAW_KSU]

Frankly, I don't like pics of my child floating around because I *have* had people take them and claim them as their own. Anyway!

https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

What does *have* mean?

 

[drinkme]

It is so funny this thread was revived today since I just found a pack of pictures in DD's bag this morning! Now keep in mind, we just paid for "graduation" pictures for 8th grade and so even though it was on the school calendar I didn't think the 8th graders would be included. According to the information I found, we could keep them without paying for them since we did not ask for them to be taken. I won't of course, I will send them back with DD on Monday but I find it annoying and a money grab to say the least. argh

Years ago I found a package of pictures in my DDs backpack thst she never turned in. No one asked for the money or pictures back. I had dd bring them into school but the teacher said for us just to keep them. It was too late to return them.

 

[bcla]

FTC: https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

I don't know how much older I may be than some reading this, but I remember when some agency of the federal government aired public service ads stating that anyone receiving unordered items was entitled to keep them. It was supposed to be humorous. The ad I remember was of an Eskimo receiving an unsolicited electric table fan. He looked at it and said "Hey thanks!"

I remember my cousin received an unsolicited collection from Littleton Stamp Company along with an invoice. He actually paid it such that they sent another set the next month. I think he sent a cancellation notice when he returned the third set.

 

[HelenePA]

hahah holy old thread but I was just *****ing about this on facebook today... 45$ a package x 4 = 180$ good grief!! at least we are only at twice a year down from 3 times a year!

 

[sam_gordon]

Hi everyone. I realize this is a very old thread, but since companies like LifeTouch are still doing this, I wanted to post. My son received a large package of pics with a demand to pay or return and I'm not comfortable with either option, 1 paying for pics I didn't order or, 2 sending pictures of my child to a company. Did you know that even if they shred the pics (and honestly, what guarantees that's what happens?), photos can't be recycled due to the photo ink used. Frankly, I don't like pics of my child floating around because I *have* had people take them and claim them as their own. Anyway!

I am the chairperson that handles picture day at my son's school, but the PTA has nothing to do with anything other than scheduling and setting up volunteers. It is ALL the school on the business side. They decide what company and all that.

Now, that said, do you have to return them? No. Apparently, according to the FTC and USPS, by law you do not have to return any unsolicited goods. However, sometimes schools (especially those partnered with LifeTouch) will hold a child's report card until the bill is paid, even though that's not legal because of the unsolicited goods laws AND the fact that photos are property of the photo studio (as well as yours since it's YOUR child) unless the school signed a contract to be liable for the not-returned images. Essentially, there's no contract with you and the photos are unsolicited, so they're yours to do with as you wish. If the schools try to force you to pay, you can always open a class action civil litigation.

If you don't want to deal with a problem with the school but don't want someone else to have pics of your child, just mark them up and send them back. Otherwise, you are perfectly entitled to keep the pics.

FTC: https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

I still don't understand why you didn't start a new post instead of finding a 4 year old one but anywho...

The link you posted specifies MAILED items...

Federal laws prohibit mailing unordered merchandise to consumers and then demanding payment.

I'm not sure this applies to items sent home in a backpack.

FWIW, our schools don't do this.

 

[Tinker'n'Fun]

Scratch the picture, send it back.

You do realize that the picture is actually on a disk and or computer somewhere and you are only in possession of the "print"??

 

[mom2rtk]

Too funny, I didn't notice at first how old this thread was. My first response was "Are schools still doing this?" Now that so many people have high quality scanners at home, I would think that they would never put finished quality prints in anyone's hands before purchase.

I know our schools do one day in the fall that you order and pay in advance. They do a second day in the spring that does not require prepurchase. They used to send the packet of prints home, but a few years ago just started sending a proof sheet....... one that couldn't be scanned or copied easily. The proof does not have to be returned.

 

[Kathryn Merteuil]

Too funny, I didn't notice at first how old this thread was. My first response was "Are schools still doing this?" Now that so many people have high quality scanners at home, I would think that they would never put a finished quality prints in anyone's hands before purchase.

I know our schools do one day in the fall that you order and pay in advance. They do a second day in the spring that does not require prepurchase. They used to send the packed of prints home, but a few years ago just started sending a proof sheet....... one that couldn't be scanned or copied easily. The proof does not have to be returned.

Yes the proof sheets are what they are doing here now too. I like to make the joke before I give them to the kids... I don't know how to hand these out, I don't see any names. (because there is little window with the kids' pictures showing) I guess that joke actually is pretty dumb, but it gets some chuckles.

 

[Breezy_Carol]

If you don't want the photos, why not just opt out of photo day? When my kids were younger they always sent home a notice of when pictures would be taken.

 

[Boston Tea Party]

I have nothing but good things to say about LifeTouch. When my father died I called them to place a reorder of a photograph that were taken at his church. We wanted a large print for a memorial service. They sent, via FEDEX, a very large matte print - framed - completely free of charge. It was a very compassionate gesture.

I don't understand all of the paranoia about photographs. I've got more important things to worry about than a complete non-issue. Much ado about nothing.

 

[bcla]

I still don't understand why you didn't start a new post instead of finding a 4 year old one but anywho...

The link you posted specifies MAILED items...
I'm not sure this applies to items sent home in a backpack.

FWIW, our schools don't do this.

There are state laws that cover the same ground but are less specific that the merchandise must be "mailed".

http://law.alaska.gov/department/civil/consumer/4545105.html

Sec. 45.45.105. Unsolicited merchandise.

A person may not offer merchandise for sale, in any manner, when the offer includes the voluntary and unsolicited sending of merchandise not actually ordered or requested by the recipient, either orally or in writing.
Unsolicited merchandise received shall be considered an unconditional gift to the recipient who may use or dispose of it in any manner the recipient sees fit without obligation to the sender.

I live in California.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1565-1590

1584.5. No person, firm, partnership, association, or corporation,
or agent or employee thereof, shall, in any manner, or by any means,
offer for sale goods, wares, merchandise, or services, where the
offer includes the voluntary and unsolicited sending or providing of
goods, wares, merchandise, or services not actually ordered or
requested by the recipient, either orally or in writing. The receipt
of any goods, wares, merchandise, or services shall for all purposes
be deemed an unconditional gift to the recipient who may use or
dispose of the goods, wares, merchandise, or services in any manner
he or she sees fit without any obligation on his or her part to the
sender or provider.

If, after any receipt deemed to be an unconditional gift under
this section, the sender or provider continues to send bill
statements or requests for payment with respect to the gift, an
action may be brought by the recipient to enjoin the conduct, in
which action there may also be awarded reasonable attorney's fees and
costs to the prevailing party.

It goes on to describe specific types of transactions that happen through "mail" but I don't believe the initial parts of the section would preclude it from being enforced via sending stuff home through a child.

 

[nugov2]

As a teacher I can tell you that I'd be more than happy to just not send the pictures home. You'd just need to communicate your feelings and I'm sure he/she would be happy to keep your packet. It would make less work for the teacher and less aggravation for you.

Exactly . Be a mature adult and handle the situation properly. Don't stamp your foot and throw a tantrum. What does that show your child. It is ok to steal a picture because you don't like the practice. You didn't misplace the photo, you know where it is and you are refusing to send it back. The school is raising money for YOUR child so they can have the best education possible. I agree some of the fundraising gets out of hand, but there is a right and a wrong way to handle it. I am appalled at how many people think it is ok to steal pictures.

For one, I guarantee they sent home some communication this was happening. They wouldn't do pictures without notifying you, so if you read it you could have sent a note and opted out and never got them home. Also, if your child legitimately lost them, they'd work with you and wouldn't charge you. Stealing is wrong no matter how much you tell yourself you are justified for doing it. Is it ok to steal candy at the grocery store b/c they use the tactic of trying to entice your now crabby child after a long trip to the store when you are just trying to get out of there? No, you have to handle the situation properly no matter how crappy it is the store puts candy and toys in the check out aisle within your child's reach.

 

[nugov2]

Agreed - companies did this for decades before the laws were changed. There were all kinds of "book/album/movie" of the month clubs that sent the items to your home. If you didn't return them, you were billed.

I agree that the practice is shady, but our school doesn't make you pay if your child loses the pictures. You can also choose to never have them sent home if you wish. Our son left his in his desk one time - we never saw them. He didn't lose them, and no one found them until he had to clean out his desk at the end of the school year. We were asked if we decided to keep them, told the teacher that we hadn't seen them, and were never asked about them again. No biggie.

Exactly and again I want to repeat this is not done without the parents knowledge. Now if they missed the email, note or whatever the communication was that is not the fault of the school. The company never takes pictures without letting the families know. They want you to send the kids dressed for pictures so that you do actually want to buy the pictures.

UGH another old thread LOL...when will I learn. And they do still do this in our school

 

[bcla]

Exactly and again I want to repeat this is not done without the parents knowledge. Now if they missed the email, note or whatever the communication was that is not the fault of the school. The company never takes pictures without letting the families know. They want you to send the kids dressed for pictures so that you do actually want to buy the pictures.

UGH another old thread LOL...when will I learn. And they do still do this in our school

However, the law (depending on the state) might render any note unenforceable as a contract if it's not specifically answered by a parent. It's not on a parent if they choose to ignore it. It's the company's responsibility to conform to the law to protect their own interests. Even if there is no specific law, this company would probably have a tough time in court convincing a judge that they've created a contract when the parent hasn't responded.

If I were the parent and getting threatening messages, I would consider contacting the local DA's office (or whatever they have in their county) or perhaps the state attorney general's office. Most have consumer affairs divisions, and this would likely be covered.

 

[undertheradar]

However, the law (depending on the state) might render any note unenforceable as a contract if it's not specifically answered by a parent. It's not on a parent if they choose to ignore it. It's the company's responsibility to conform to the law to protect their own interests. Even if there is no specific law, this company would probably have a tough time in court convincing a judge that they've created a contract when the parent hasn't responded.

If I were the parent and getting threatening messages, I would consider contacting the local DA's office (or whatever they have in their county) or perhaps the state attorney general's office. Most have consumer affairs divisions, and this would likely be covered.

A bit of an overreaction in my opinion. Send them back and be done with it. I can't believe that the State Attorney General's Office has the time to go after schools for sending home "pay if you keep" photos.

 

[nugov2]

A bit of an overreaction in my opinion. Send them back and be done with it. I can't believe that the State Attorney General's Office has the time to go after schools for sending home "pay if you keep" photos.

Can you imagine the DA who gets that call. That would be a dinner party story for that person for a long time. It would be classic!!

 

[bcla]

Can you imagine the DA who gets that call. That would be a dinner party story for that person for a long time. It would be classic!!

Like I said, many DA's offices as well as attorney general offices have dedicated consumer protection divisions. The City and County of San Francisco had a long-time deputy DA in their consumer protection division who has done call-in Q&A as well as recorded segments aired on TV/radio.

I'm serious too. Depending on the state, they might very well be breaking the law by insisting on payment or return if it's been unsolicited. I don't think it necessarily goes to an attorney. They have staff to answer phone calls, and likely have choicely worded pro-forma letters to handle these thing. Just have a staffer insert the names and fill in the details, and a deputy DA gives a once-over and signs it.

http://www.coloradoattorneygeneral....urce_guide/common_legal_questions#unsolicited

Unsolicited Goods

Colorado has an “unsolicited goods” statute. Under the statute, an unsolicited good means a “contractual obligations or other tangible or intangible property or services delivered to a person who has not ordered, solicited, or agreed to purchase them, but shall not include tangible or intangible goods or services which are misdirected, misdelivered, or offered in good faith in substitution for goods solicited by the recipient.” If you receive an unsolicited good, you have the right to refuse to accept delivery of the goods and you are not bound to return such goods to the sender. If they are addressed to you, such an unsolicited good shall be deemed a gift to you and you may use it or dispose of it in any manner you see fit without any obligation to the sender. It is illegal for the sender of an unsolicited good to attempt to bill you or collect for that unsolicited good.

And the law in Wyoming:

40-12-103. Unsolicited merchandise.

Unless otherwise agreed, when unsolicited merchandise is delivered to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unsolicited merchandise is deemed an unconditional gift to the recipient, who may use it in any manner without any obligation to the sender. This section does not apply if there is evidence that the merchandise has been misdelivered , or if the delivered merchandise is offered as a good faith substitution for merchandise previously solicited by the recipient.

http://www.moga.mo.gov/statutes/chapters/chap407.htm

Unsolicited merchandise, how disposed of.

407.200. Where unsolicited merchandise is delivered to a person for whom it is intended, such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner without any obligation to the sender.

http://www.mass.gov/ago/consumer-re...s/mail-order-and-unsolicited-merchandise.html

Unsolicited Merchandise

In Massachusetts, you are entitled to keep, without further obligation, merchandise delivered to you which you did not order. This rule applies whether the merchandise was mailed to you, or delivered by some other method.

http://www.ag.state.mn.us/consumer/fraud/fraud_fakeinvoices.asp

What do I do with unordered merchandise and fake invoices?

If you receive merchandise that was not ordered by your organization, you are not required to return it. In fact, Minnesota law says that unless otherwise agreed, when unsolicited goods are addressed and sent to a person, the person has the right to refuse to accept delivery of the goods and is not bound to return such goods to the sender. Under the law, receipt of such unsolicited goods is deemed an unconditional gift to the recipient who may use or dispose of the items as he or she sees fit. In addition, any invoice included with such merchandise is illegal unless the products were ordered by the customer.

These are just a few examples. There are consumer protection attorneys on staff at various government levels who do handle this kind of stuff.

 

[mjkacmom]

Oh for goodness sake, send the pictures back and make everyone's life easier. It's a fundraiser for the school - people are actually putting in volunteer hours to get stuff for your kids.

 

[MSLRAC]

Oh for goodness sake, send the pictures back and make everyone's life easier. It's a fundraiser for the school - people are actually putting in volunteer hours to get stuff for your kids.

No joke!! I can't believe that anyone spends time worrying about such nonsense much less that they waste the time of local DA's and state AG's over it.