Pennsylvania Attorney General Jerry Pappert announced last week that his office is suing a Virginia-based photographer accused of failing to deliver photographs he was hired to take at the 2003 Eastern National Wrestling tournament at Penn State.
The suit is asking for $1,500 in refunds to more than 50 competitors' families, as well a ban on the defendant, Kevin Allen, from taking business photographs in Pennsylvania.
The event, which was sponsored by the Middle Atlantic Wrestling Association (MAWA), occurred in April 2003.
Barbara Petito, deputy press secretary for the attorney general, said the consumers were told by Allen to expect their photographs in three to four weeks.
After the four weeks had passed, consumers started to complain to the MAWA, who then forwarded the complaints to the Pennsylvania Bureau of Consumer Protection office in the fall of 2003.
MAWA president Michael L. Smith said he lets competitors and their families deal with the photographer independently.
"I, like many others, have attempted to get some cooperation [from Allen]," Smith said.
Allen could not be reached for comment.
The consumers were required to pay in advance for photographs taken of competitors.
"The average order was $20 for a photo and $4 for shipping -- mostly podium shots," Smith said.
Petito added that the consumers tried to get in touch with Allen at various times, and when they were successful, Allen claimed the delay was because of a copyright dispute.
Investigators found that Allen never filed an application for registration at the U.S. Copyright Office.
Complaints were received from consumers in Pennsylvania, New York, New Jersey, Maryland and Delaware.
Margie A. Anderson, deputy attorney general in Ebensburg and an attorney who is handling the case, said most complaints were collected on a wrestling forum Web site.
Anderson added that the case is different than others because the refunded money is not the absolute reason for a suit.
"A lot of these consumers would want the refund, but a lot of them wanted the pictures, and you can't go back and get those pictures that they can't replace," Anderson said.
She also added that some of the consumers were unable to take photographs by themselves at the event.
"Some of the consumers said they couldn't take their own pictures because their view was blocked, so I think that is one of the saddest things," she said.
"These parents wanted the pictures, and they don't have their money, and they don't have their pictures, and that's the way we're looking at it," she added.
Smith said he had seen the photographer at events prior to the tournament in 2003.
"I've seen him at tournaments before, and I felt that he was quite credible. And he was at the national dual when they were at Penn State," Smith said.
Smith added that he did not know Allen personally but felt he was worthy of the job.
He also said that prior to hiring Allen, MAWA had the same event photographer for 20 years and had to find a new one after he went out of business.
"We look for someone that is professional and we feel can do the job," Smith said.

