ACTION PHOTOS - returning those pics at the EXPO

[PeterM]

I will be returning my Action Photos to the company at the Argus Expo.

Them sending the pics to me without me requesting any of them is not cool. Too much ambush selling!

 

What I will do is: return them, take a photo of me returning them (record the transaction) and tell them . . . . good luck with their business model ;-)

Edited March 10, 2011 by PeterM

[ScottyScott]

Wow!! Your one angry dude!!

Whish I have some of that agresion comes Sunday

[PeterM]

Wow!! Your one angry dude!!

Whish I have some of that agresion comes Sunday

Aghh, you are most proberly right - regarding Sunday, i mean.

[Jules]

Don't bother. Action Photo's business model is a scam. What they are doing is illegal in terms of Government Gazette 27312.. Rather report them to the Department of Trade and Industry's Consumer Affairs Committee.

 

Action Photo cannot claim to be unaware of their breach of the law; I alerted them to it years ago. Yet they continue to bully people into buying photos through inertia marketing and extortion.

[Pappa Bear]

i just kept mine.... Considered it a free gift. Surely nobody is as stupid to think you can send them a photo and then demand money..... Wait a minute..... dont the traffic department do that?

[Guest agteros]

I will be returning my Action Photos to the company at the Argus Expo.

Them sending the pics to me without me requesting any of them is not cool. Just too much ambush selling!

 

What I will do is: return them, take a photo of me returning them (record the transaction) and tell them . . . . good luck with their business model ;-)

 

Why bother? You never ordered anything from them which means they sent these to you for free, or as a gift. If it was sent in error, then they can send somebody to pick it up from you at a time and place convenient to you.

[madmarc]

Ive never paid them and never heard from them again - i phoned once and told them to come to my house and fetch the photos - so now they framed hanging in my bar

 

I remember back in the good old days where you could view the enlarged image on the net, and they thought they were clever in building in protection so you could not right click and save. But if you went into you temp internet files voila there they were!! cut paste and then photshop out the watermark and get them printed - now the script junkies have designed beter protection

[PeterM]

Eish - so i got it all wrong. It's a freebe.

[Guest agteros]

i just kept mine.... Considered it a free gift. Surely nobody is as stupid to think you can send them a photo and then demand money..... Wait a minute..... dont the traffic department do that?

You might not understand the business model used by the traffic department?

 

Ive never paid them and never heard from them again - i phoned once and told them to come to my house and fetch the photos - so now they framed hanging in my bar

 

I remember back in the good old days where you could view the enlarged image on the net, and they thought they were clever in building in protection so you could not right click and save. But if you went into you temp internet files voila there they were!! cut paste and then photshop out the watermark and get them printed - now the script junkies have designed beter protection

There are still ways around that. View Source, a bit of scripting knowledge, and Robert is the brother of your mother

 

Eish - so i got it all wrong. It's a freebe.

Indeed it is, what a bunch of nice people!

[SWM1]

Their stickers for your helmet and bike are going to be the first things I trash when I get my goodie bag today.

[Andrew_ew]

Don't bother. Action Photo's business model is a scam. What they are doing is illegal in terms of Government Gazette 27312.. Rather report them to the Department of Trade and Industry's Consumer Affairs Committee.

 

Action Photo cannot claim to be unaware of their breach of the law; I alerted them to it years ago. Yet they continue to bully people into buying photos through inertia marketing and extortion.

 

 

got this reply from ActionPhoto when I also alerted them to it. They are wrong, nowhere do you sign anything or is it stated that you will be obligated to buy photo's even if you do remove chevrons or pose for medal photo's. There is a difference between expressing an interest and agreeing to buy items.

 

"thank you for your email, contents of which we have noted.

 

As a company we very careful not to contact customers unless the runner

has clearly indicated that he or she is interested in receiving photographs by

removing the chevron from the running number issued by the race organiser.

You also posed for a medal photograph taken by a photographer clearly identified

as a member of our staff.

Under these cirmcumstances we don't believe this could be considered "inertia selling"

We have cleared your account and flag your account to make sure you will never receive

photographs from us.

 

However please feel free to contact the Department of Trade and Industry should

you wish to do so, we believe we provide a fantastic service to the athlete appreciated

by the vast majority of them.

 

Looking forward to your response

 

Kind regards

 

Johanna Ginsberg"

[chris_w_65]

Why would someone ride with the Action Photo numbers on in the first place, I never do

[GrumpyOldGuy]

I would just return them at the expo if they are there Peter.

 

I think they could claim by putting that identification sticker on your helmet or handelbars you are consenting to recieve the photo's by whatever method they use.

 

They also give you the opportunity to return them if you dont want them, which is leaving the ball in your park, although in my opinion they should enclose a stamped self addressed envelope to do so.

 

It might be difficult to argue this point presently, so I dont really see that its entirely illegal, it may very well be borderline, but I am not sure its illegal.

 

Of course if they took a photo of you and you did not have any identification number then sure, keep em, but how would they find you then.?

[Guest agteros]

got this reply from ActionPhoto when I also alerted them to it. They are wrong, nowhere do you sign anything or is it stated that you will be obligated to buy photo's even if you do remove chevrons or pose for medal photo's. There is a difference between expressing an interest and agreeing to buy items.

 

"thank you for your email, contents of which we have noted.

 

As a company we very careful not to contact customers unless the runner

has clearly indicated that he or she is interested in receiving photographs by

removing the chevron from the running number issued by the race organiser.

You also posed for a medal photograph taken by a photographer clearly identified

as a member of our staff.

Under these cirmcumstances we don't believe this could be considered "inertia selling"

We have cleared your account and flag your account to make sure you will never receive

photographs from us.

 

However please feel free to contact the Department of Trade and Industry should

you wish to do so, we believe we provide a fantastic service to the athlete appreciated

by the vast majority of them.

 

Looking forward to your response

 

Kind regards

 

Johanna Ginsberg"

 

Putting the number/chevron on is still just an expression of interest. Final purchase still depends on inspection of the goods.

 

If they decide to send the photos to you in the mean time, well that is their choice. Not because you have placed an order

[GrumpyOldGuy]

Putting the number/chevron on is still just an expression of interest. Final purchase still depends on inspection of the goods.If they decide to send the photos to you in the mean time, well that is their choice. Not because you have placed an order

 

Under the new upcoming CPA I would say YES you are right and you would be protected by law.

 

At present, I am not sure, you consent to having your photo taken by using the identification stickers, the manner they operate is clearly laid out in the material and you have the opportunity to inspect them at home for 30 days before accepting them or returning them - under our present consumer act I think its entirely legal.

[Andrew_ew]

Putting the number/chevron on is still just an expression of interest. Final purchase still depends on inspection of the goods.

 

If they decide to send the photos to you in the mean time, well that is their choice. Not because you have placed an order

 

yip.

 

 

 

The definition of an unfair business practice:

 

"1. “Unfair business practice“ means inertia selling. Inertia selling is the

business practice whereby goods and services are supplied to consumers

without their unequivocal authorization and the supplier subsequently

demands or effects payment."

 

 

the key words are "unequivocal authorization". This is not the same as being "interested in receiving photographs" which Actionphot seems to assume - in their pecuniary favour of course - means "unequivocal authorisation.

 

I must say though after my last run in with them I have never agains been sent phot's with the expectation that I pay for them. My objection apart from the "scam" element, was also that if I do want to buy them, I prefer digital format as opposed to actual photo's as the digital format is much more versatile.