Mindblossom threatens photographer with lawsuit over blog

I just found out that Omar Rizvi, VP Finance & Operations of Mindblossom finally contacted the Photographer yesterday by phone. Unfortunately it was not to finally pay her invoice but instead to threaten a lawsuit over this weblog. In fact, he also offerred to pay her a small sum not for the work but instead only to take down this weblog.

#1 The photographer didn’t put up this weblog — I DID!

#2 Everything posted in this weblog is true and based on email communication and documents between the parties.

#3 This purpose of this weblog is to bring attention to problems like this so that other may hopefully avoid such an awful experience. (btw: if anyone else is having any similar problems, I’d be more than happy to help out where I can).

I find it very amusing that after months of un-returned emails, phone calls and voice messages, Omar Rizvi finally decides to call for the first time. I consider Mindblossom’s approach to this problem extremely disturbing and ignorant, especially for a supposed “world leading” Interactive Agency. Obviously someone doesn’t understand how the Internet works and how the Internet Community operates.

In a mere three days this site has helped to inform over 4,000 people to the problem of companies stiffing freelancers. Over a dozen other weblogs have picked up this story and it has definitely created a snowballing effect. The discussion that have emerged from this example has yielded great advice for young artists, freelancers or anyone embarking on contract work. I have no doubt it will help others avoid problems like this.

This situation also sheds light on the another side of things. What can or should a company/person do if negative information is being posted about them online? That’s a tough question. Of course it depends on the circumstances and whether the information posted is true or false. This is a topic for another post and I’ll just leave the thought with you for now.

These days many of us find ourselves self-employed, freelancing or contracting our work. As obvious as they may be, here are some points to remember when venturing out there in a world full of wolves.

#1 Always Google search the company/person and the word ’sucks’ before you decide take on a job.

#2 Keep ALL email communication and get everything in writing. When you make any verbal agreements be sure confirm those facts in a summary email.

#3 Always sign a contract regardless of who you are working with — big, small, and even family & friends. Even a simple term sheet will help you if a problem arises.

#4 The Internet Community is always here to help so, use the tools of communication to get your story heard.

Unfortunately in this case even this advice would not have helped. Sometimes problems like this are simply unavoidable and are sadly part of the way some people choose to do business.

Don’t get me wrong, I personally believe that most people are good hearted and honest but it only takes one episode like this to taint our perception. If it ever happens to you please don’t let it change you.

I’ll be sure keep you updated on any new developments.

Play safe!!

Mindblossom refuses to pay. Owes photographer over $10,000

A friend of mine recently did a product photo shoot contracted by Mindblossom.com on behalf of Virgin Mobile Canada. Omar Rizvi (VP Finance & Operations) <omar.rizvi@mindblossom.com> and Hasiya Au-Yeung (Sr. Manager, Engagement Management) <hasiya.auyeung@mindblossom.com> signed the contract. (will be posted here shortly).

After the job was completed and delivered to Mindblossom they refused to pay her for the work with no explanation. No one at Mindblossom would return her calls or explain what was going on. Via email she was told to “sit tight” while weeks passed by without a peep. She tried to contact Omar Rizvi, the signatory on the contract who refused to return her calls.

Only after putting the delinquent account of Mindblossom into collection did they provide any details on why they refused to pay.

The response came from Genti Kongjika, (Finanace Manager), <Genti.Kongjika@mindblossom.com>

“As per my previous communications to you our position is based on two major issues: Performance – quality of the product was not there and did not meet the criteria as per the contract. Time of delivery – the only  document signed by both parties that I have stipulates that the delivery date was July 10^th 2008. This deadline was never met.”

I’ve spoken to the photographer and have summarized her feedback below.

1) As for late delivery is concerned: due to complications during post production a new delivery date was agreed upon via email between Hasiya Au-Yeung (Sr. Manager, Engagement Management) and Francesca Teotico (Engagement Manager) <francesca.teotico@mindblossom.com>. Mindblossom is choosing to ignore this communication and the revised dates.

2) Regarding quality of product:  One example of 11 photo animations completed is posted below. As you can see the quality of photography is quite good and I fail to see what “poor quality” Mindblossom is referring to.

Please Boycott Mindblossom and let them know that not paying contractors is bad for business and their reputation.

Mindblossom

477 Richmond St. W. Suite 210

Toronto, ON. M5V 3E7

T 416 203 2224

F 416 206 4024

info@mindblossom.com

[update 1] I have convinced the photographer to send me all correspondence to post here. Stay tuned for the whole story. You be the judge and decide for yourself.

[update 2] It seems that Hasia is no longer with the Mindblossom. hrmm…

[update 3] The photographer is taking further legal action against Mindblossom and Virgin Mobile for non-payment, breach of contract, lost opportunities, court and collection costs. Willkeep you posted here.

[update 4] It appears there are others who have also had problems with Mindblossom. Search Google and you will find them. I’ve posted one below.

Poor Quality???

aphotoeditor.com writes

Top U.S. Weblog pipes in on our weblog — THANKS, Rob Haggart

More Bad News For Companies That Try To Screw Over Photographers

I think it’s fairly common practice now when you’re thinking about doing business with a company to type their name and the word sucks into google to see what results come up.

Here’s a blog someone setup to let people know about a photographer who appears to have been screwed over by an interactive agency:

http://mindblossomsucks.wordpress.com/

SAMSUNG M300 CONTACT SHEET OF ALL 72 ROTATION FRAMES

I had the photographer send me this. Gives an idea of the amount of work that went it to this…. and this is only one of 11 phones. A lot of work for not getting paid!

original post here

ANOTHER PHONE (2 of 11) SAMSUNG 160

Another example from the photographer.

Samsung 160

HIGH RES PHOTO: SAMSUNG M510 (1 of 11 phones)

The photographer has sent me some hi res samples of the phones. The Samsung M510, one of 11 phones photographed for Mindblossom for their Virgin Mobile 360 campaign. This photograph is one of the 72 images for this phone that complete the 360° rotation.

Samsung M510

Mindblossom Ordeal, UPDATE

<<I am taking the liberty to repost an update post from Michelle at elusiveness.org>> Thanks for the update, Michelle!!!

Mindblossom Ordeals Continued

In light of the recent comment to my not-so-positive post about Mindblossom and many personal emails regarding this rant, I am utterly appalled over the same problems that people complain about to me, even after a management turnover that was apparently supposed to turn the company around. New management, same problems.

There was quite some controversy over the posting a year later when the president emailed me accusing me of slander and threatening to take legal action and to contact my web host to remove my site. Of course, they were only mean threats as no serious actions were actually taken. The emails themselves seemed quite desperate and petty, but I stood up to the bullying and held firm on keeping my post up (although I decided to change the title to something less subjective) and responded to them with the following:

D—-, I had only just received your emails as I have not had the opportunity to check them in the last while. I find it very presumptuous of you to assume that I had simply tossed the matter aside when it had only been 3 days since your first email. I’m sure you now have an idea of how I felt when I was given the runaround for over a month. With that said, please do not suppose yourself to be the epitome of respect and politeness with your accusations of my “rudeness.”As for the issue at hand: my blog is my journal and I have every right to express my personal opinions and experiences of my every day life. This particular post to which you refer simply documented a chain of frustrating events that I had wanted to share. There was no malicious intent in the post to defame the company, yourself or P—; in fact, the post is in no way, shape or form defamatory since the events I had outlined were completely factual (you yourself had even acknowledged that in your last email). To accuse me of “slander”, especially from a blog post written well over a year ago, is utterly ridiculous. I am completely over that experience and expressing myself in writing was a good way for me to do so. As you can see, I have never wasted my time or effort to ever write about or “slander” the company after that particular post.

I understand your concern about the title and I will consider changing it to something less subjective. As for the post, I truly believe I have written nothing defamatory as it simply documented events I experienced.

Then last year in December I received an email from Omar Rizvi, the new VP Finance & Operations, whom I had never met, who had actually apologized to me (the first apology I had received from the company). The email went something like this:

“Basically I wanted to apologize for the bad experience you had with us and let you know that we have been purchased by a large media company. We have a whole new leadership team and many of the people you were dealing with have since left the company. The current leadership team is all about conducting business in a professional manner and taking the company to the next level.So I would appreciate very much if you could take your blog about us off your site since when you Google us it comes up on the first page and hinders us and our efforts to re-launch our company.”

However, a month later I received an email from someone contracted by Mindblossom:

Hi Michelle, We’ve completed a cabling project for MindBlossom and specified they must pay by cheque upon completion. It’s been two weeks and we’ve received similar excuses to what you’ve pointed out in your blog (“signing authority” is not here now, etc.). We’re going down there today to attempt to collect. The “head guy” you referred to, was that Omar Rizvi at the time? Regards, E—

And just yesterday I received this comment to my post:

A photographer friend is having a similar “nightmare” dealing with Minblossom. They owe her over $10,000 and refuse to pay.I’ve taken it upon myself to try and help her out by by getting the word out about Mindblossom = BAD NEWS!!!

dead beats!!!!

Any help you can provide could be useful.

You can read the about the entire situation on their own site. Unbelievable eh? I’m glad I stood my ground; now others will know that they aren’t the only ones being shafted by this company.

Another Mindblossom Ordeal

I found this post while searching Mindblossom in Google. It seems there are others who have experienced similar problems with Mindblossom NOT PAYING!!!

“Ok, I’m a pretty patient person and it takes a lot to peeve me off. But I’ve never had to deal with such unprofessionalism in my life… it’s unbelievable. So after over month since I worked at the company, I still didn’t get paid. I had phoned the creative director about 3 weeks earlier and he told me to come in to pick up my cheque. I went into the office the next day and the guy told me that it wasn’t signed yet and that the person who was supposed to sign had already left for the day. So the guy said he’d have it mailed to me. Ok fine… but what a waste of time.

A few days later I sent an e-mail asking about the status and when I should be expecting the cheque. No reply. Weeks passed, and surprise surprise, nothing came in the mail. Then last week I sent an e-mail to the head guy of the company who signs the cheques and no reply either. I phoned the creative director again this Monday and he started acting so fake, pretending to be surprised when I didn’t get any e-mail response from the head guy (ummm excuse me, *you* didn’t reply either). He then said he’d ask the other guy to sign that day and then he’d e-mail me to confirm everything. Morning passed into the afternoon and turned into night, and… nada. O.M.G. Now I’m pissed.

The next day I bombarded the creative director with phone calls starting at 10:30 am. “Cheque still not signed yet eh? And the guy’s in a conference call now? You’re going to phone me back in 30 min? Ok fine.” No call in the morning, no call in the afternoon. This guy’s getting too predictable. Tried calling him in the afternoon and got his voicemail. By 5pm on my way to drop him a visit I phoned once again. The phone picked up and I heard some fumbling and then a hang up. Phoned again and got his voicemail. What the hell!!

Up in the office I had to wait forever watching the creative director leaning back in his chair, feet up on the table, while chatting on his cell (to this day, I still don’t know what his job function is). Finally, he comes out to greet me, tries to chat me up and takes me into the back to one of the offices where I see my cheque just sitting there on the table. I just didn’t understand it; how hard is it to sign a piece of paper? And I told them in the morning that I’d just drop by to pick it up… they couldn’t even have it all ready for me by the end of the day?!?! I had to wait a while longer for the guy to run and get it signed. Holy cow. I just wanted to get in and out. But FINALLY, I got paid. Now I never have to deal with those jerks ever again.”

http://dream.elusiveness.org/archives/2005/12/16/the_end_of_my_mindblossom_ordeal.html