State Files Suit Against Wedding Photography Company
Court Grants State's Request for Temporary Restraints
NEWARK - The Office of the Attorney General and Division of Consumer Affairs
have filed suit against a Morris County-based company and its principal that
allegedly left hundreds of customers without contracted and paid-for wedding
photographs, videos, photo albums and/or other photography and videography services.
The state's four-count complaint was filed in State Superior Court in Morris
County against Celebration Studios, Inc. and its principal, Marc S. Schwartz.
Celebration Studios was based in Chester, and also operated out of locations
in Clifton, Fairfield, Hoboken, Mahwah, Montclair, Paramus, Red Bank, Short Hills
and Princeton, as well as New York and Pennsylvania.
At least as of October 2007, defendants continued to enter into contracts and
accept payments for services for weddings to occur throughout 2008. Earlier this
month, Celebration Studios abruptly closed its business.
As part of this action, the court has granted the state's request for a temporary
restraining order that: prohibits the defendants from disposing of any photographs,
negatives, proofs, digital files, videotapes, DVDs, albums and cards; as well
as any consumer deposits and payments; and requires the defendants to maintain
all books and records of the business.
To date, the Division has received 584 consumer complaints, with all but five
complaints received since January 2, 2008. The complaints generally concern non-delivery
of contracted-for services and/or non-return of deposits or other funds.
“The emotional distress caused by the defendants cannot be overstated. We have close to 600 consumers who are distraught because they did not receive the photos, videos and other visual keepsakes of their weddings,” Attorney General Anne Milgram said. “We want these consumers to get their wedding albums and for the defendants to be held accountable.”
The state's complaint alleges that the defendants violated the Consumer Fraud Act and Advertising Regulations by the following.
- Accepting payment for photography and/or videography services for weddings that occurred prior to January 2008 and then failing to provide consumers with all of the contracted-for services;
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Accepting payment for photography and/or videography services for weddings scheduled to occur in 2008 and then abruptly closing Celebration Studios earlier this month;
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Leading consumers to believe that Celebration Studios was undergoing a restructuring to provide improved services when the business was actually in the process of closing;
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Failing to provide consumers with all of the merchandise for which they paid;
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Charging consumers' credit cards without notification or their authorization;
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Failing to provide consumers with complete refunds following the closing of Celebration Studios;
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Failing to respond to consumer complaints, inquiries and/or requests for refunds in a timely manner or at all;
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Misrepresenting that consumers keep all of the digital files, negatives and proofs concerning their wedding photos and/videos;
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Misrepresenting that photo and/or video packages include a bridal album, online proofs, first edition prints, thank you postcards, folding thank you cards, and/or parent albums when such was not furnished to consumers who bought these packages; and
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Misrepresenting that consumers would receive their online proofs, final prints and/or and/or albums within a specified time period.
By its complaint, the state also seeks an impound order, asset freeze, consumer restitution, maximum civil penalties, reimbursement of the state's attorneys' fees and investigative costs and compliance with the Consumer Fraud Act and Advertising Regulations.
The Consumer Fraud Act provides for a civil penalty of up to $10,000 for the initial violation and up to $20,000 for each subsequent violation.
“Consumers who have either not gotten their contracted-for services or their monies refunded should file a complaint with the Division,” said Larry DeMarzo, Acting Consumer Affairs Director.
Complaints can be filed online at http://www.njconsumeraffairs.gov or by calling the Division at 1-800-242-5846 (within New Jersey only) or 973-504-6200.
Deputy Attorney General Lorraine K. Rak, Chief of the Consumer Fraud Prosecution Section, is representing the state in this action.
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