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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forumswedding videography Company to Fiance After Fatal Crash: Hope You 'Cry All Day' "Life is a b----"
Company to Fiance After Fatal Crash: Hope You 'Cry All Day'
Videography company denies refund after bride-to-be is killed before wedding day
https://www.newser.com/story/291405/his-fiancee-died-things-got-ugly-with-a-wedding-vendor.html?utm_source=part&utm_medium=uol&utm_campaign=rss_top
Few company-customer disputes reach this level of personal. As the Denver Channel reports, the controversy revolves around the death of a bride-to-be, the videography company that was hired to film her wedding, and the company's refusal to issue a refund in the wake of her death. In February, Alexis Wyatt of Colorado Springs was killed in a car crash. Fiance Justin Montney then reached out to Copper Stallion Media to request a refund of the $1,800 he paid ahead of their May wedding. The company offered its condolences but said the contract was non-refundable. Montney tells WRDO that, yes, he knows the contract he signed was non-refundable, but he thought the company would give him a break under the circumstances. When the company refused to budge, he took his story public, and Copper Stallion has responded in remarkably blunt fashion.
Montney "admits that the contract was non-refundable but says we should give the money back due to the circumstance," says the company. "Life is a b----, Justin." This is on a website called JustinMontney.com created by the company expressly to present its side of the story.
The site, which includes the company's correspondence with Montley, states that the couple booked two videographers who blocked off the day. "Now, we have two shooters who cannot film that day and lose out on that income," it explains. "Nonrefundable deposits are the industry standard."
A since-deleted online post went further. The company posted an image of the couple on May 23 and wrote: "Today would have been the day where we would have filmed Justin and Alexis' wedding. After what Justin pulled with the media stunt to try and shake us down for a refund we hope you sob and cry all day for what would have been your wedding day."
The company did not respond to either Denver outlet.
LakeArenal
(28,817 posts)Fuckers gonna fuck you over.
Response to LakeArenal (Reply #1)
jimfields33 This message was self-deleted by its author.
TeamPooka
(24,223 posts)have probably destroyed their business.
coti
(4,612 posts)and booked someone else for that day. Or, taken the day off.
Siwsan
(26,261 posts)Wow.
Ferrets are Cool
(21,106 posts)this heartless. Unfathomable, except in these times of orangeanus.
Pacifist Patriot
(24,653 posts)The behavior just seems so outrageous as to be a parody of Trump-ish callousness. I have never encountered a wedding professional that a) wouldn't have issued some sort of refund for a death, and b) would risk their reputation in a disgusting spat like this. Reputation is everything in the wedding business.
Hav
(5,969 posts)It would be absolutely inhuman to react that way. If it's real, I hope karma is coming for them.
Demovictory9
(32,454 posts)Historic NY
(37,449 posts)Ah, I don't play a lawyer but I'd bet that a good lawyer could make that work.
jimfields33
(15,793 posts)The groom put the company name on blast disregarding the company policy.
Progressive Law
(617 posts)jimfields33
(15,793 posts)It is a legal form of restitution. It happens often. Not sure why you find this so shocking. They happen daily. Open a book.
Progressive Law
(617 posts)...looks like I was right with my suspicion of your law degree.
denbot
(9,899 posts)jimfields33
(15,793 posts)Hopefully you never face it. Youd be in deep trouble.
demmiblue
(36,845 posts)The Velveteen Ocelot
(115,683 posts)A countersuit is like any other lawsuit; you need a cognizable cause of action. There is no recognized cause of action based on merely publicly complaining about something a business did as long as the complaint is factual. The videographer already has the groom's money. If the groom sued them to get his money back he probably would lose if the contract states the payment is non-refundable with no exceptions. However, the videographer has no valid counterclaim against the groom because he (the groom) didn't do anything tortious or unlawful; posting information about a business on social media or a website doesn't create a cause of action if it isn't an injurious falsehood or doesn't wrongly interfere with other contracts or business relationships.
jimfields33
(15,793 posts)Thats all Im saying. It could cause a counter suit. The company was following the rules of the contract.
The Velveteen Ocelot
(115,683 posts)jimfields33
(15,793 posts)Thanks for being patient with me. I learn more on this site then any other.
littlemissmartypants
(22,655 posts)https://www.merriam-webster.com/words-at-play/when-to-use-then-and-than
Pacifist Patriot
(24,653 posts)JI7
(89,249 posts)Ms. Toad
(34,069 posts)And if the owner is their PR person, they deserve the loss of business that will almost certainly lose. Had thy handled it differently, it would have brought them more business.
ETA: In most states, their creation of a website using the customer's name and likeness without his consent for commercial purposes is a gift to Jason, should he decide he wants legal revenge.
Mike 03
(16,616 posts)we really pull together in our hour of crisis.
Brainfodder
(6,423 posts)More proof....
People using "corporations" to hide their cowardice.
Scamming the big bucks, happens every day, how else do they afford their overhead and golden parachutes?
dalton99a
(81,485 posts)https://heavy.com/news/2020/05/copper-stallion-media/
Copper Stallion Media: Texas Wedding Company Sparks Outrage
MagickMuffin
(15,937 posts)
In the midst of all of this, Copper Stallion wrote that an employee, Allison Davis, had committed suicide in a now-deleted Facebook post. The post was captured in screenshots before it was deleted. The screenshot reads:
It is with great sadness that we inform you of the passing of our client experience manager, Allison Davis. Allison took her own life earlier this morning. She had been a valued member of our team for the past two years and will be missed. Allison was a wife, mother, sister, and daughter.
On May 20, 2020, our company was subject to an online smear campaign for not refunding a client who died in a car accident. The client signed a non-refundable contract. As a result, friends, family, and strangers have emailed, called, and left reviews of our company on social media. Online bullying is real.
We are in contact with local authorities to see what can be done in terms of criminal charges. We are also reaching out to legal counsel to see what legal action we can take to obtain a judgment for damages. No company should have to go through this
An additional screenshot raises doubts about the timing of the death of Allison Davis. This screenshot suggests that Cooper Stallion first posted about her death in 2018 and that the company falsely implied that Davis committed suicide because of public outrage in recent days. The details and veracity of these posts have not been confirmed.
Dyedinthewoolliberal
(15,574 posts)if I'm the customer, I'm sharing this all over the place. Even if they have legal standing to not refund the money, there is no call for this kind of behavior. No class whatsoever.
Mike 03
(16,616 posts)it seems like they could show some class in a situation like this. Even if they didn't refund this person, they could at least be civilized.
EDIT: Here's the link: https://www.copperstallionmedia.com/
FreeState
(10,572 posts)It's all spin:
In January, Suffolk Superior Court Judge Judith Fabricant granted an injunction against Mr. Clark and his employee, Keith Morin, prohibiting them from engaging in videography or wedding-related services and from accepting consumer depositors for any kind of business in the future.
Link to tweet
?s=20
His skipped his court date as well:
https://www.telegram.com/article/20130226/NEWS/130229727
smirkymonkey
(63,221 posts)Ugh!
thucythucy
(8,050 posts)but if he notified them in February about missing a date at the end of May, the claim that "we have two shooters who cannot film on that day" is BS.
It might be that weddings have dropped off because of the virus, in which case this company is in the same boat as hundreds of thousands of other businesses. But this doesn't justify its gratuitous cruelty.
It's like the entire nation is taking its cue from the spoiled toddler in the White House.
Pacifist Patriot
(24,653 posts)I can't think of a single vendor I interacted with on any wedding that would have responded in this manner.
I can understand a partial refund the closer it gets to the wedding date because of expenses incurred and lost replacement business, but there is no reason to keep all of their money. Yes, there are labor hours during the ceremony, but the bulk of work associated with wedding photography and videography is in the editing phase afterwards.
Even so, I wouldn't have kept a dime even if I had incurred some expenses related to my services at that point.
Just wow.
Hekate
(90,674 posts)Last edited Wed May 27, 2020, 02:42 AM - Edit history (1)
LuvNewcastle
(16,844 posts)I doubt I would hire any company with a name like that.
Initech
(100,068 posts)First there was that baker who repeatedly refused to bake a cake for a wedding, and now these assholes. God this is the worst story ever and I hope they go under for it.
Pepsidog
(6,254 posts)about them. Plus, from a legal perspective, they had a duty's to mitigate their damages and try and book another wedding for the same day. Also, liquidated damages must be real damages, not speculative or punitive and the law abhors a forfeiture.
musette_sf
(10,200 posts)from the website these pigs put up to harass that poor young man:
(empasis mine)
lapfog_1
(29,199 posts)having lived in CO for 8 years, working in C-Springs for 1 but never lived there (for a reason!)... C-springs is full of fundy assholes.
I hope Copper Stalion goes out of business, but it is likely a small operation and the owners will likely pop back up as something else.
la-trucker
(283 posts)When you piss off one customer, you end up pissing off hundreds.
They should have refunded some portion back and eaten the loss because the goodwill generated by it would have been worth thousands more.
Javaman
(62,528 posts)1) the videographer, if he or she said those things, is a heartless fuck.
That said
2) I had a wedding video company. I had the people to be married sign a contract and put up half the amount as non-refundable in the event the wedding is canceled. I also would not have given the money back either. I would be booked months in advance to video a wedding on a particular date. That date would be locked in. Meaning I would take no other job. I would get people calling me for that date and I would have to turn them down. This was what I did for a living, I had no other income. If the people who wanted to hire me, didnt sign the contract, I wouldnt lock in the day or confirm that I would be there. I would record that confirmation and have them acknowledge it. Ive had cancellations and Ive kept the deposit. And if they threatened to sue, I would remind them of the contact.
That said, in this case depending on my prevailing financial situation at that moment, I might have refunded a portion of the deposit but certainly not all.
It is horrible that someone died, but at the end of the day, I still have bills to pay and mouths to feed.
The video company could and should have handled this better. But as I like to say,live and burn
The Velveteen Ocelot
(115,683 posts)I get why a fee or part of it would be non-refundable, but it's one thing to say sorry, we have a contract and that's the deal; something else to mock someone about crying on their planned wedding day. That's just vicious and completely unnecessary.
Javaman
(62,528 posts)always a fine line on how to tell them what shot they think I got to what shot I actually got. LOL.
The video company that made this remark, if true, are either amateurs or just plain old dickheads.
KY_EnviroGuy
(14,490 posts)Link to tweet
and....
Link to tweet
If true, this guy surely must be Pharma Bro Martin Shkreli's brother. He's also a Trumpster.
No professional worth his/her salt would respond to a grieving customer with nasty, cruel comments....
lapfog_1
(29,199 posts)twitter account says he is not associated with the controversy
Google link is about a Jesse Francis Clark (and aliases) from Worcester Mass.
So it's possible that there are two Jesse Clarks who run wedding video companies.
This on on twitter is fully "Trump Nuts".
On the other hand, the linked twitter account also claims he is:
"Serial Entrepreneur, Intellectual, Speaker, Scholar, Soon to Be Author."
KY_EnviroGuy
(14,490 posts)dalton99a
(81,485 posts)dalton99a
(81,485 posts)Jesse J. Clark, the wedding videographer accused of scamming more than 90 couples out of payments for wedding videos he never delivered, has run online wedding businesses during the past year despite several jail sentences and probation periods and a Suffolk Superior Court injunction.
Lawyer Nicholas Frye, who represents several couples who have won civil judgments against Mr. Clark, made the allegation Thursday. He was present in Dudley District Court as Mr. Clark was sentenced to two months in jail in an assault case.
Mr. Clark formerly operated SureShot Videography and SureShot Portraits LLC in the Shoppes at Blackstone Valley in Millbury. The studio abruptly closed in June after couples demanded their undelivered videos.
Since then Mr. Clark has also operated Magnolia Wedding Films and InFocus Wedding Films, under the alias John Francis; Wedding Avenue, under the alias Michael Collins; and most recently Wedding Filmology, under the alias Jaie Hart, Mr. Frye said.
tblue37
(65,340 posts)Snake Plissken
(4,103 posts)We currently have one of those in the White House right now.
ffr
(22,669 posts)I hope they are one of those businesses their competitors drown out.
OMGWTF
(3,955 posts)trc
(823 posts)confirms he is a serious magat (and a serious maggot).
Rural_Progressive
(1,105 posts)bucolic_frolic
(43,153 posts)"we hope you sob and cry all day for what would have been your wedding day."
Seriously?
tclambert
(11,085 posts)coti
(4,612 posts)argument in equity that the videographers had a duty to mitigate their own damage from the contract falling apart by rebooking the date, since they had 3 1/2 months to do it. In all practicality- not to mention out of a sense of compassion- they should have just given the money back. It's not like the date was canceled the week or day before.
Sounds to me like the videographers just wanted the cash without having to do the work. Bad people.
Crunchy Frog
(26,582 posts)That should get them lots of new customers.