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05/22/2003 09:27:31 AM · #1 |
The 24/7 discussion got me thinking on something someone once told me.
A friend said they took some photos to Walmart to be printed. They were risque...no nudity, but a little kinky. Walmart not only refused to print the photos (which I believe is fine...it's a business and they can refuse service to folks on certain grounds), they DESTROYED the negative.
Anyone have any info/thoughts on the legality of Walmart destroying what is essentially private property (the image isn't private if you take it to a public processor, but you paid for the film on which the image appears).
Just curious what folks might think. I told the friend I would have first raised bloody hell in the store, then I would have found the name of a good ambulance chaser and had them call corporate and demand renumeration for destruction of my property. The friend let it go and took their next roll of film to Walgreens who developed it without a word.
Shari
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05/22/2003 09:33:43 AM · #2 |
One other thing on a similar tangent:
Is anyone else kind of uncomfortable with having a place like Walmart develop digital images? It occurred to me the other day that I don't know what they do with the digital files after the machine "downloads" them to their system.
I also once paid for a second set of prints because when i had one print that didn't come out, they reprinted my whole order.
Just a thought.
Shari
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05/22/2003 09:34:51 AM · #3 |
Blimey.
Certainly worth getting some no prejudice advice on, I'd think.
E
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05/22/2003 09:53:52 AM · #4 |
I don't like the systems that places like WalMart use for printing. For one thing I use a large tiff file and the machines they have in stores that allow you to do your own printing off your card can't read the images cause they are to large.
I left a card one time to have one photo printed off and when I went back I got the one photo but all the images I had stored on the card were gone! The girl who did the processing told the computer to delete the images while my card was still in the system and cleared my card and reformatted it instead of just deleting the image from their system.
I now take my card to an independent camera shop for printing anything that I can't myself. First of all this store strives by keeping the professionals locally happy, and secondly that all the employees make sure that every person that walks into the store gets individual attention and assistance no matter what. This store has to keep every customer happy and make sure the orders are handled properly cause it is how they stay in business.
Places like WalMart and Ritz Camera (although Ritz is excellent for the most part) don't need to keep everyone happy and they can afford to screw things up from time to time they are to big for it to really matter if one customer is unhappy and tells 20 people how bad the service there is. The local independent shops can't afford to have that happen so they are so much more dependable and very willing to make ammends if a mistake happens...I got a free card reader from them cause the salesperson gave me the wrong reader and I didn't notice until I got home and when I took it back the owner waited on me and not only did he refund me the amount of the wrong reader but he gave me the new reader for free. I was really surprised but then hey he was also the one the week before who made the big sale when I purchased my camera, so I guess it was his way of making sure I was completely happy with the service and would come back and I have gone back repeatedly for little things...you know paper for my printer, accessory items and thats how he stays in business the little things... |
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05/22/2003 10:01:06 AM · #5 |
Our local photo shop is in the process of purchasing a Fuji digital lab and I have every intention of paying more to use it and never taking pics to Walmart again.
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05/22/2003 10:03:24 AM · #6 |
The photo shop I go to is connected with the university here and I figure if the university uses it, it has to be good! |
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05/22/2003 10:16:30 AM · #7 |
I have used our local Wal-Mart a few times for prints and have complete mixed feelings on them.
On one hand, the 8x10's I have had made there are actually not bad quality and they are very reasonable, $2.84 for 8x10 I believe. The local independent phot shop does a nice job as well, however their 8x10's are $10.00. So when i need a few done, I go to the Wal-Mart.
However, the service there is horrible. It is to the point that the last 3 times I have been there I have gottne my prints at no charge because of not being done on time and having to wait.
Each shop/lab has their own guidelines for not printing certain types of photos. I know that the Walgreens here will print anything, nudity included as long as there is no physical contact between subjects.
For Wal-Mart to not print them was one thing, but to destroy the film was entirely out of line. But to be fair, whenever I had anything printed with nudity or something that may be questionable, I always asked first...saved a lot of hassle that way.
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05/22/2003 11:18:17 PM · #8 |
Originally posted by shareinnc: A friend said they took some photos to Walmart to be printed. They were risque...no nudity, but a little kinky. Walmart not only refused to print the photos (which I believe is fine...it's a business and they can refuse service to folks on certain grounds), they DESTROYED the negative. |
Unless they were illegal (like under age porn) they have no right to destroy your property. That's unbelievable! Did your friend talk to the manager about it? Didn't he/she raise hell about it?! |
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05/22/2003 11:20:08 PM · #9 |
Originally posted by ChrisW123:
Originally posted by shareinnc: A friend said they took some photos to Walmart to be printed. They were risque...no nudity, but a little kinky. Walmart not only refused to print the photos (which I believe is fine...it's a business and they can refuse service to folks on certain grounds), they DESTROYED the negative. |
Unless they were illegal (like under age porn) they have no right to destroy your property. That's unbelievable! Did your friend talk to the manager about it? Didn't he/she raise hell about it?! |
They sure did talk to the manager who claimed to be within his rights to destroy what he deemed objectionable. It was a pic of some artfully done rope bondage...no nudity, not sexual contact. This is North Carolina, though.
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05/23/2003 04:36:57 AM · #10 |
I had the same thing happen at Wal-Mart, only they didn't destroy the negative. They certainly have no right to do that. In my case I had no idea they would do anything of the sort. I thought the whole process was automated and they never checked what they developed. Imagine my embarass(bare-ass)ment when they informed me they wouldn't develop my (full-monty) photo. |
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05/23/2003 04:47:18 PM · #11 |
Originally posted by shareinnc: They sure did talk to the manager who claimed to be within his rights to destroy what he deemed objectionable. It was a pic of some artfully done rope bondage...no nudity, not sexual contact. This is North Carolina, though. |
Wow, "what HE deems objectionable" huh. Well I bet a lawyer would disagree that "he was within his rights" to do that. If I were your friend I'd persue this more. Maybe complain to that manager's supervisor first and see what happens. If you don't like his response then tell the supervisor that the loss of those pictures (destroyed by a Walmart employee on purpose) has caused you great destress and that you are thinking about contacting a lawyer about it to see if there's a solution to this. :)
Don't actually do it, since it's kinda frivilous, but at least threatin to. That way he may disipline the employee at least, and you aren't just letting them get away with it.
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05/23/2003 04:59:01 PM · #12 |
Actually...his property was destroyed! I WOULD persue it. Who says that picture may not have made him a load of money? Or was making hm money? sounds like he/she would be able to get paid for "lost wages."
No one has the right to destroy a picture, book, or whatever (unless they own it) because they say it is objectionable (unless you are a Nazi). I think that was solved many, many years ago.
tracy
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05/23/2003 05:14:07 PM · #13 |
Originally posted by dacrazyrn: No one has the right to destroy a picture, book, or whatever (unless they own it) because they say it is objectionable...
tracy |
Please inform the US Attorney General. |
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05/23/2003 05:31:47 PM · #14 |
By handing the pictures over to them, does that give them any "legal" right seeing as how they were in possesion of them? You know, the old saying..."Possesion is 1/10th of the law." (or something like that)
In any event, they could've have explained themselved until they were blue in the face it wouldn't have made it any better or acceptable to me. Absolutely and totally uncalled for. I say you go back to the store and find out what he drives (get the hint). After you're done....tell him you found his car to be objectionable.
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05/23/2003 05:46:31 PM · #15 |
"possession is 9/10ths..." but if there's ever a legal case, they're also going to have to deal with destruction of evidence and obstruction of justice...I'd "sue the pants off the guy" to use a popular cliche (illegal in NC). |
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05/23/2003 05:55:22 PM · #16 |
An interesting legal question - I'll look into the answer.
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05/23/2003 05:55:27 PM · #17 |
Originally posted by GeneralE: "possession is 9/10ths..." but if there's ever a legal case, they're also going to have to deal with destruction of evidence and obstruction of justice...I'd "sue the pants off the guy" to use a popular cliche (illegal in NC). |
You're right. That's what I meant to say. Thanks.
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05/23/2003 06:00:20 PM · #18 |
I would want to sue them, too, but another way to handle it is take it to a local consumer group, frequently they can offer suggestions on a way be compensated without getting into legal fees. Often they have an attorney or a legal aide who is able to contact the business (in this case Wal Mart) and offer a solution to save them from being drug into the public eye for the bad customer service. If you complain enough and threaten to go public with it often you can get a very good reimbursement. Without ever seeing an attorney.
Hey I got rotten service in the jewelery dept here before Christmas and I happen to see the store manager on my way out and told him how rudely I was treated and he gave me a $25 gift card just so I would have to come back in the store. |
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