US couple ordered to pay US$1M for smear campaign against wedding photographer
A US couple has been ordered to pay a wedding photographer US$1.08 million (AU$1.36 million) for smearing her image online. Texas couple Andrew and Neely Moldovan were found to have ruined photographer Andrea Polito’s reputation and business in a malicious attack.
On July 28, a Dallas County jury found that the Moldovans defamed Polito and used negative publicity to destroy the photographer’s business through media interviews and social media commentaries, including on Neely’s own YouTube channel. The couple claimed that Polito, whom they hired as their wedding photographer, was taking their pictures hostage, which was eventually proved false.
In January 2015, three months after their wedding and in front of a local television crew, the couple alleged that Polito was demanding an extra US$125 (AU$158) for the release of their photos even after they had already paid thousands of dollars. Their supporters agreed, calling Polito a scam artist. As a result, the photographer’s business was effectively destroyed; she had to close down her studio.
Polito then sued the couple, saying the Moldovans engaged in a smear campaign to destroy her reputation. The US$125 fee, she explained, was for a cover for their wedding album of high-resolution photos, which was stated in the contract they signed. The Moldovans claimed that the contract did not mention it.
“While they have already paid for the cost of the album, they did not pay for the cost of the cover, which is an a la carte item due to the variation of the covers available,” Polito told NBC 5 in an email in 2015. She added that her order form clearly stated that the fee was not included in the package and was an additional charge.
According to the email exchange presented by Polito’s camp, she and her staff tried to appease the couple even while the Moldovans were creating bad publicity against her on social media. The news of a photographer allegedly scamming a newlywed even reached international news.
“We are hoping our story makes the news and completely ruins her business,” Neely wrote to someone while Polito was trying to pacify them, according to court records. Polito said she was not aware the couple had been working on discrediting her name until her studio manager texted her a screenshot of the bride’s Instagram post, which said news network NBC was in their flat.
Last week, two years after the couple first complained about the alleged photo-hostage-taking, a court jury found they acted out of malice and that Polito followed the terms of their contract. The jurors determined that the beauty vlogger and her husband were liable for defamation, disparagement and civil conspiracy.
Polito’s lawyer said she hoped the verdict would help restore her reputation. “Texas has one of the strongest laws in the nation to protect individuals who air legitimate grievances and opinions,” Dave Wishnew, her lawyer, was quoted by NBC. “But those protections don’t extend to a concerted campaign designed to defame and destroy someone’s hard-earned business.”
In a statement sent to the paper, the Moldovans said they were “stunned” by the decision. “We did what consumer advocates say to do: When you are wronged, you fight back. We were unhappy with a situation, so we complained like anyone would. This court decision tells consumers not to speak up for fear of fat legal bills and painful judgments.”
The Moldovans have the option to challenge the decision, although they did not mention if they would appeal. Following the ruling, Neely has either deleted her YouTube videos or made them private.
