OFT takes photographer to court for snapping funds

A north Brisbane photographer has been ordered to pay $2,224 in compensation after being prosecuted by the Office of Fair Trading (OFT) for failing to provide consumers with photography products and services.

Jordyn Louise Lubinsky, the operator of Pepper Lane Studios, pleaded guilty to breaching the Australian Consumer Law by failing to supply goods and services within a reasonable time or by a specified date.

The matter was heard at Pine Rivers Magistrate Court on 1 April 2022. Ms Lubinsky was placed on a three-month good behaviour bond and ordered to pay affected consumers compensation. A conviction was not recorded.

The court heard that between December 2020 and February 2021, 14 consumers purchased photography services and products from Ms Lubinsky. Several consumers booked photoshoots and paid for additional products for momentous occasions including maternity, newborn and family shoots.

Ms Lubinsky rescheduled photography sessions with consumers multiple times, claiming she had to cancel bookings due to bad weather and poor health, however she continued to fail to show up for appointments and failed to provide consumers with refunds despite promising to do so.

Other consumers paid Ms Lubinsky for services after an initial consultation but received no further contact after the first meeting. These consumers later discovered that her social media accounts had been deactivated and she was uncontactable.

Commissioner for Fair Trading Victoria Thomson said traders need to honour their commitments to consumers. She explained that these actions had caused consumers to not only to lose money but to suffer undue stress for what were meant to be memorable occasions.

“Consumers are entitled to request a refund for unsupplied goods or services and if the matter remains unresolved, seek assistance from the OFT,” Ms Thomson said.

“The OFT will continue to take up issues for consumers who do not receive what they have paid for.”

If consumers have paid for goods or services, they have not received they should raise the issue with the trader. If they are unable to resolve the issue with the business, they are encouraged to make a complaint to the OFT either online at www.qld.gov.au/fairtrading, or by calling 13 QGOV (13 74 68).