Palm Springs Art Festival - The Classic

I am seeking advice on this rather nasty subject of trying to get the promoter to refund my booth fees and need help on how to get this done!  I applied to this show in Sept. of 2010, was accepted but had to cancel in early Nov. - cancellation deadline was Nov.27 so i cancelled well in advance of the deadline.  I can't get this promoter to respond to my e-mails or calls to refund my fees!  I've sent numerous e-mails and the one reply I did receive said something to the effect of "we're having some problems, we'll get to you when we can".   Nine months later and no refund!!!  Any advice on how to get this promoter off his butt would be very much appreciated.

Lynda

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  • Any chance you read this additional info about this event, I believe it is the same one you are talking about:  http://www.artfairinsiders.com/profiles/blog/show?id=2160589%3ABlog...
  • For all those back seat lawyers who are suggesting you take him to small claims court... Just remember that small claims is not like judge judy! It is real court and you must follow the  rules of evidence in your state. The burden of proof is on the plaintiff. The defendant does not have to provide a defense other than saying you did not meet the deadline for a refund. In other words you must have documented proof that you made your cancellation prior to the cut off date. The only thing that would be accepted by the court would be a receipt from the USPS for certified mail and a return receipt acknowledging delivery. 
  • I agree with Robert Wallis. File an action in small claims court at which point the promoter will probably return your booth fees ASAP in order to not have to contest the suit.  If that does not get him off the dime and you get a judgment against him take a look at your cancelled booth fee check to determine what his bank account is and go after that.

  • Lynda, there was some talk on this site last winter about this show... seems the promoter's husband, or the promoter was working alone... "search" the site for this info. I'm remembering some not great practices taking place.
  • Here it is 8-9 months later, and still no money. They're not going to do anything unless coerced, If it's a substantial booth fee, file in small claims court or have an attorney send a letter demanding refund.  No point in being polite any longer.
  • Do you have proof of your cancellation prior to the deadline? If so send a final notice of demand by certified mail return receipt. If no response file a complaint with the BBB and your state's attorney general for consumer fraud. If you do not have proof that you cancelled prior to the deadline suck it up as a lesson learned. You should always send correspondence which requires meeting a deadline with a delivery confirmation or certified.
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