Derby photographer enters consent judgment following complaints, alleged violations

Derby photographer enters consent judgment following complaints, alleged violations

WICHITA, Kan. (KWCH) – A Derby photographer has entered into a consent judgment after being investigated by the District Attorney’s office.

The office’s consumer protection division (CPD) investigated Caitlin Payne, doing business as CP Family Photography, after receiving several customer complaints. The DA’s office alleged Payne violated the Kansas Consumer Protection Act by deceptively advertising photography services using photographs taken by other photographers and failing to disclose to the consumers that the photographs were not her own.

As part of the investigation, the CPD received an additional complaint involving Payne sending a replacement photographer to a wedding while she was allegedly attending another event and failing to disclose the replacement lacked the skills to perform the contracted services. While Payne denied intentionally violating the KCPA, she accepted a consent judgment to resolve the matter. The agreement calls for Payne to be liable for $30,000.00 in civil penalties, additional investigative expenses, and court costs while on a 48-month probationary period with the CPD.

Payne will have to pay more than $2,000.00 in restitution to two consumers. The judgment also calls for an injunction from engaging in deceptive or unconscionable acts and cooperation with any future complaints. Payne promised not to use photographs of other photographers moving forward unless they are clearly and conspicuously disclosed as only a style of photography that she is capable of reproducing.