Business ProfileforSmall Cake Photography LLC

BBB promotes truth in advertising by contacting advertisers whose claims conflict with the BBB Code of Advertising. These claims may come to our attention from our internal review of advertising, consumer complaints and competitor challenges. BBB asks advertisers to prove their claims, change ads to make offers more clear to consumers, and remove misleading or deceptive statements.

On 10/20/2022, BBB contacted the business regarding their advertised products on their website. The BBB has asked the business to substantiate that they are currently in service and to provide documentation. This is needed as consumers have allege the business has scheduled wedding services but the business has lacked communication after payment. Also the business has a statement  that “4 WEEKS OR YOUR PHOTOS ARE... FREE!"  but then states  "Unfortunately turnaround times are a mark on the wedding photography industry. 4 to 6 months is the industry standard and we've heard of studios taking up to a year" We are asking the business to substantiate the claims made as required by BBB’s Code of Advertising.

A review of your website https://www.smallcakephotography.com/ we have found the following:

“It's All About You!

With over 14 years of wedding experience with Small Cake Photography it is all about you.

We specialize in Wedding Photography.

Through specialization we are able to perfect our craft and bring you the best in artistic photographic design.”

“4 WEEKS OR YOUR PHOTOS ARE... FREE!

Unfortunately turnaround times are a mark on the wedding photography industry. 

4 to 6 months is the industry standard and we've heard of studios taking up to a year.  Book with confidence knowing that if you do not receive your photos in 4 weeks,  a partial credit on the photos portion of the package! “

The BBB Code of Advertising States:

1. Basic Principles of the Code

1.1 The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any objective claims or offers made before publication or broadcast. Upon request, they should present such substantiation promptly to the advertising medium or BBB.

1.2 Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used.

1.3 An advertisement as a whole may be misleading by implication, although every sentence separately considered may be literally true.

1.4 Misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact.

14. “Free”

14.1 An advertiser may use the word “free” in advertising whenever the advertiser is offering an unconditional gift. If receipt of the “free” product or service is conditional on a purchase:

14.1.1 The advertiser must clearly and conspicuously disclose this condition with the “free” offer (not simply by placing an asterisk or symbol next to “free” and referring to the condition(s) in a footnote); and

14.1.2 The advertiser must not have increased the normal price of the product or service to be purchased nor reduced its quantity or quality.

14.2 The “free” offer should be temporary; otherwise, consumers may view it as a continuous combination offer, no part of which is free. Thus, where it would otherwise confuse consumers, a product or service must not be advertised with a “free” offer in a trade area for more than six (6) months in any 12 month period. At least thirty (30) days must elapse before another such offer is promoted in the same trade area.

14.3 In a negotiated sale, no “free” offer of a product or service should be made where it would likely mislead consumers, such as where:

14.3.1 The product or service to be purchased usually is sold at a price arrived through bargaining, rather than at a regular fixed price; or

14.3.2 There may be a regular price but other material factors such as quantity, quality or size are arrived at through bargaining.

14.4 Offers of “free” products or services which do not meet the provisions of this section may not be corrected by the substitution of such similar words such as “gift,” “given without charge,” “bonus,” “complimentary” or other words which can convey the impression to the consumer that a product or service is “free.”

14.5 Because the consumer continually searches for the best buy and regards the offer of “free” products or services to be a special bargain, all such offers must be made with extreme care so as to avoid any possibility that consumers will be misled or deceived. Representative language frequently used in such offers includes:

“Free”

“Buy 1-Get-1 Free”

“2-for-1 Sale”

“50% off with Purchase of Two”

“$1 Sale”

“1/2 Off”

“Gift with Purchase”

Literally, of course, the advertiser is not offering anything “free” (for example, an unconditional gift), or 1/2 free or 2 for 1 when making such an offer, since the consumer is required to purchase a product or service in order to receive the “free” or “2 for 1” item.

14.6 Whenever such an offer is made advertisers must make clear at the outset all the terms and conditions of the offer.