The Stage

Let’s stop bogus fees

Published Thursday 26 January 2012 at 12:56

I refer to The Stage online news story, dated January 4 2012: “ASA censures Castingallstars.com for misleading ad”. The advert appeared in this newspaper back in July 2011. It will come as no surprise to the readership that the agency website has now disappeared. Who was running the agency? Well, without agency licensing, we will never know. No doubt they will set up another agency and place further advertisements. A complaint was made to Department for Business, Innovation and Skills Employment Agency Standards Inspectorate in July but, of course, the EAS never replied.

It was implied that the agency made no money from applicants. I would like to correct this. The Advertising Standards Authority did tell me “hard-selling tactics do not equate to compulsory charges”. However, the ASA did initially rule in my favour on this point. It subsequently reversed that decision, for no apparent reason. Agencies, who imply they make no charges, but offer/demand photography through third parties, cannot really be believed.

My opinion is that any fee charged, prior to getting paid work, constitutes as an up-front fee. Quite often I find that those running the agency also run the firm of photographers. Therefore, they are connected. Performers, as I have clearly shown, are just as likely to be scammed now, as they were prior to 2003, when the first of three sets of BIS EAS regulations - purportedly banning up-front fees - came into force.

In 2011, I was given the following statements by government: “EAS does not investigate allegations of obtaining money by false pretences.” And: “It is not within EAS’ legal remit to deal with the issue of scams for photographic portfolios.” Followed by: “There is no regulation in the Conduct of Employment Agencies and Employment Businesses Regulations 2003 that makes it an offence for an employment agency to offer a work-seeker work that does not exist.” It took me nearly 15 years to finally wring such outrageous statements from government.

Therefore, does it really surprise anyone that, since 1995, there has still not been a single successful prosecution, by the EAS, regarding those who charge bogus up-front fees. This must be a record, surely?

Clive Hurst

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