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SCAM ALERT EXTRA!!!

THE TRUTH ABOUT ONLINE MODELING & TALENT AGENCIES, AND THEIR AFFILIATE PROGRAMS

More on online modeling and talent agencies, and their "affiliate" programs.

Q:
I sent my resume around the internet via Monster and got a hook from a company in Florida. Not unlike a hungry fish, I took the bait and, after paying them $500.00, I am now an Affiliate, meaning I am a sales person who signs pre-qualified leads up for a $50 fee and $20 per month. There's no yearly contract, so, I was thinking I'm not putting anyone out of much money if it doesn't work for them; and the company has been very nice, diligent with their training, and straightforward as far as I can tell.

AFTER THE FACT I read on your website - MusicBizAdvice.com - the following:

"FACT: People at casting agencies, modeling agencies, and talent agencies see enough potential models in person and receive enough photos through other means that searching online for "new faces" is unnecessary."

"FACT: Good casting directors, modeling agents, and talent agents are too busy to spend hours online trolling for photos of 'new faces'."

Ya reckon I've allowed myself to screw myself?

I was under the impression that as new faces are always "needed" and as the internet does allow for potential "talent" to be looked at by potential employers, it's a good thing, and not exploitive.

Do you know anything about this company? And are you POSITIVE that on-line talent search agencies are unnecessary and thus all just a great deal of hype?

Thanks,


L.


A. In the past month we've been bombarded by questions about this company.

The simple answer to your question can be found at the modeling scam website. If you read the aliases for questions about companies similar to [this Florida-based company], you'll notice a familiar company name and story: http://www.easybackgroundcheck.com.

According to the Florida Department of Business and Professional Regulation Board of Talent Agencies http://www.filminflorida.com/ela/tma.asp this company is acting illegally. As posted on the Department of Business and Professional Regulation Board of Talent Agencies website, in Florida, "By law, Talent agencies are NOT allowed to charge a registration fee! No talent agency shall, as a condition to obtaining employment for any artist, require the artist to subscribe to, purchase, or attend any publication, postcard service, advertisement, resume service, photography service, school, acting school, workshop, acting workshop, or video or audiotapes!" This company is breaking the law by charging upfront for their services, and depending on Florida state law, if you work for them as an affiliate, you could be charged as an accessory to the crime.

Unfortunately, I'm sorry to tell you that I'm absolutely positive legitimate talent agencies don't work this way. I know this because I used to work for one of the biggest legitimate agencies and have worked for smaller firms as well. (See my bio if you like, in About Us and Press Room.) Neither large, nor small agencies work this way.  No legitimate producer in L.A. is going to spend airfare and hotel to fly in an unknown, inexperienced, non-union talent for an audition. There's plenty of talent to audition that's already where the producers are.

Agents are far too busy phoning managers, casting directors, producers, and others in their personal contact lists to look for "talent" on the Internet. While it's true that agents are always looking for new faces, they don't use Internet casting agencies. I've never known anyone who's looked for--much less found--new talent this way. Agents get plenty of headshots, resumes, and referrals through their own contacts (and even by meeting hopefuls around town at parties, through friends of friends, etc.). (Note: There are legitimate casting directors who may have privately-accessible listings of actors, but that's a completely different type of company from what we're discussing here...and only a select few, well-respected casting agencies are utilized throughout the industry.)

If you read the Backstage Spotlight interview we did with Scott Pang, a talent agent for one of the largest legitimate agencies, International Creative Management (ICM), you'll find that nothing in that interview even remotely resembles how the fake so-called "agencies" work.

Finally, you'll notice that many of these so-called "agencies" are based in Florida. That's because laws in entertainment centers like California, New York, and Nashville are more stringently enforced and because low business and personal taxes in Florida make operating costs low there and make that state more attractive to fly-by-night companies, who may find it easier to fly under the radar there. (By the way, in California, New York, Nashville, and many other cities and states, a licensed talent agenct is the only one who can legally negotiate an employment contract for an artist, actor, musician, or model.)

As to your own employment: 1. Never pay someone to be your employer. This isn't how agents or "talent scouts" get hired in the entertainment industry. 2. An agency's client roster is worth millions upon millions of dollars. No legitimate agency is going to trust just anyone with that.

As for clients...that $50 fee and $20 per month would be much better spent in other ways. The Ford modeling agency accepts photos from prospective models at no charge to the potential model--as do most other legitimate modeling agencies. While perhaps not to you, $20 per month is a lot for an artist, because they have so many extra expenses in addition to the normal living expenses other people have...The yearly cost of this company would be approximately equivalent to either: one printing of headshots (not including photography, developing, and proofs), one printing of business cards, half the tuition for an acting workshop, a portion of the subscription cost to Billboard magazine, or the basic monthly cell phone fee for six months. From many cities, it's also the equivalent of one round trip plane ticket to L.A. 

I know this place looks good, and that it's hard to believe it's a scam. If it didn't look legitimate, no one would fall for it and it wouldn't be a successful scam. It's up to you, but even if it weren't illegal, I'd have a serious problem recruiting people to sign up for something that I knew would never get them work.

Thanks again for your letter, and for allowing us to print your story...It will help a lot of people.

Kind regards,
Randi Reed


Editor-in-Chief / Founder
MusicBizAdvice.com

Follow up for our readers: You'll be happy to know this person felt uncomfortable giving potential recruits the sales pitch, did not recruit anyone, and is in the process of working to get his money back from this company.

Q. I signed up to be an affiliate with [company in Florida], then saw the ScamAlert about online modeling and talent agencies. How do I get my $500.00 back?     
 

A. Contact the company, by mail and e-mail to ask for your money back. Send the hard copy of your communication as a registered letter, return receipt requested. Tell them you learned that under Florida state law, it is illegal to charge up front fees for their services, and that you do not want to be a part of it. Tell them if they do not refund your money in US funds via cashier's check within 10 business days, you will contact the Florida State Attorney General and Attorney general in the state where you reside.  If they do not send it within the specified period, contact all the following people:  the Florida State Attorney General, the Attorney General in the state where you live, the Better Business Bureau in both states,  Monster.com, and Easybackgroundcheck.com. (Just FYI, I'd contact them anyway if I were you to try to kill the scam. Many law enforcement agencies already have investigations open, so your letter may provide helpful evidence.) 


A few important points:  Do not give them your bank account number or credit card number if the request it in order to refund your money. Insist on a cashier's check in US funds instead. (They may say that the only way you can receive your money is for them to wire it into your bank account or Visa. Don't fall for this scam). Keep copies of all your correspondence--email and hard copies, as well as the post office receipts. If they phone you, get the person's name and take detailed notes of the conversation...or tell them you're recording the phone conversation for your records, and do it. Then send a registered letter reiterating the conversation, return receipt requested. ("Per my telephone conversation with ________ on [Date], I understand that within the next ten business days, you will refund my affiliate fee in the form of a cashier's check payable to me at [address] in the amount of  $________US.")

Good luck!

For more on online modeling & talent agencies, checkout:

Got a question about the music business? Send it to muzbizadvc@aol.com with "Q&A" in the subject line. Questions of a general nature will be answered as space allows.

Answers in the MBADC Q&A are to be taken as general advice only and are not intended as a substitute for legal advice from a competent entertainment or intellectual property rights attorney.

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