Show Posts
1
Getty Images Letter Forum / "Paid in Full" Attempted Reply
« on: June 27, 2014, 05:21:27 PM »
As many of us, contact started after blog post and unwitting use of photo. Immediately in April 2013, photo removed and attempt to negotiate. Even requested payment plan. No use. Payment demanded by May 2013.
Letter to Getty 5/23/2013:
To Whom It May Concern:
In settlement for accused theft of images, find offending image removed (actually, website is defunct) and enclosed payment. Despite claims by your company and a bill for nearly $1000, I am unable to produce such a bill by applying for image use through the GettyImages website. The greatest charge I can generate is $260.
Enclosed, find check for $300, endorsement of which constitutes a complete settlement of your claim.
Continued to receive letters from McCormack. Notified them:
Your client, Getty Images, has already been paid in full for this claim according to RCW 62A.3-311. Attached, find
Proof of disputed amount
Copy of letter and check #438 dated 5/23/13
Copy of signature confirmation of receipt of package
The back of check #438 indicating it was cashed by Getty Images, Inc.
Thank-you for promptly closing this claim.
Reply included the oft-stated remark that I should see a lawyer who "better understands" legal issues.
QUESTION: In the reply from McCormack--Thank you for your email and explanation. Under RCW 62A.3-311, this claim is not discharged for the following reasons: Getty Images issued a refund within a reasonable amount of time. A refund check (#574488) in the amount of $300.00 was mailed to you on July 1, 2013, as of today it remains uncashed. You will also need to prove the instrument tendered was in full satisfaction of the claim. Your offer of $300.00 was rejected. You sent your payment to a lockbox so Getty Images was unable to respond to your letter.
What to do next? I didn't receive the check and what does a lockbox have to do with it? I thought I had satisfied requirements for a "paid in full" claim and remain unconvinced that I didn't. http://apps.leg.wa.gov/rcw/default.aspx?cite=62A.3-311
Thanks in advance!
HRMPH!
It was, admittedly, a stab in the dark....They are still demanding nearly $2000 but "for a limited time," a bit less. FYI, did attempt to contact artist directly with no reply.
advice, guidance?
Letter to Getty 5/23/2013:
To Whom It May Concern:
In settlement for accused theft of images, find offending image removed (actually, website is defunct) and enclosed payment. Despite claims by your company and a bill for nearly $1000, I am unable to produce such a bill by applying for image use through the GettyImages website. The greatest charge I can generate is $260.
Enclosed, find check for $300, endorsement of which constitutes a complete settlement of your claim.
Continued to receive letters from McCormack. Notified them:
Your client, Getty Images, has already been paid in full for this claim according to RCW 62A.3-311. Attached, find
Proof of disputed amount
Copy of letter and check #438 dated 5/23/13
Copy of signature confirmation of receipt of package
The back of check #438 indicating it was cashed by Getty Images, Inc.
Thank-you for promptly closing this claim.
Reply included the oft-stated remark that I should see a lawyer who "better understands" legal issues.
QUESTION: In the reply from McCormack--Thank you for your email and explanation. Under RCW 62A.3-311, this claim is not discharged for the following reasons: Getty Images issued a refund within a reasonable amount of time. A refund check (#574488) in the amount of $300.00 was mailed to you on July 1, 2013, as of today it remains uncashed. You will also need to prove the instrument tendered was in full satisfaction of the claim. Your offer of $300.00 was rejected. You sent your payment to a lockbox so Getty Images was unable to respond to your letter.
What to do next? I didn't receive the check and what does a lockbox have to do with it? I thought I had satisfied requirements for a "paid in full" claim and remain unconvinced that I didn't. http://apps.leg.wa.gov/rcw/default.aspx?cite=62A.3-311
Thanks in advance!
HRMPH!
It was, admittedly, a stab in the dark....They are still demanding nearly $2000 but "for a limited time," a bit less. FYI, did attempt to contact artist directly with no reply.
advice, guidance?