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P. Simmons
P. Simmons, Attorney
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My grandaughter hosted a fundraising campaign for her company

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My grandaughter hosted a fundraising campaign for her company through Indiegogo. com a fundraising company.The party accusing her of fraudulent charges to their American Express Card said in an email to her that she charged the $250 to the account fraudulantly this is not so. In no way did she charge their account. The donations go to Indiegogo, they take out their fee and then they send you what is left after the campaign is over. She does not sell her services, she and her partner offer to do videography and photography in exchange for a donation.. She contacted the party for a few months after the campaign was over to see when they wanted to do a photo shoot. She stopped inquiring in September 2012. The campaign was in March of 2012. Can fraudulent charges be brought against her? When she received the email last night she immediately offered her services again.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I want to make sure I understand...she advertised that if she received a donation, she would provide services? And to date she has not provided services Is this accurate?

Is there a reason she is using this model? This "donation" model? As opposed to someone pays them for services (which is how most businesses run)?
Customer: replied 1 year ago.

As to date she did not supply the service. The campaign was in March of 2012. she tried until Sept. of 2012 to get a confirmation for a photo shoot. which she did not get. Indiegogo. is a fundraising company. which people ask for donations for all kinds of things. All donations go to indiegogo. after they take out their fee they send you whats left.


My grandaughter and her friend did the campaign to help raise money to help with their expense. they really do not make money, they do it for experience in photography and videography hoping it will lead to something in their future. Can someone charge them with fraud.


 


 

Expert:  P. Simmons replied 1 year ago.
Thank you

Fraud is defined as wrongful or criminal deception intended to result in financial or personal gain.

Basically, to prove fraud, they (either the other party if she brings this as a civil suit, or the state if it was a criminal case) would have to prove that your granddaughter misled them in order to make money.

So if that is what happened...if the fundraising campaign was used to trick people to paying in order to make money for no work? That would be fraud.

But that is not what you describe.

What you describe, she made every effort to try and coordinate the shoot.

Can this person claim fraud?

Sure...I suspect their version of events may be a bit different than yours.

The key will be what can be proved...what he evidence will show if this goes to court.

If this was a good faith effort by your granddaughter to provide services, and she tried to make it work for this person, and they would not cooperate, then I suspect she has no worries.

On the other hand, if the other person can prove they paid money with the expectation of a service in return and your granddaughter did not make reasonable efforts to provide that service? Then she could be found liable for fraud.

So really it will come down to what efforts she made to try and provide the services promised.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 27157
Experience: 16 yrs. of trial experience
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P. Simmons
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