A Houston man sent a bouquet
of roses to his girlfriend, and then sued the florist for
letting his wife find out. But a federal judge in Texas
dismissed the case on Oct. 15, leaving the man with the
option to refile his suit in another state.
U.S. District Judge Nancy Atlas of the Southern District
of Texas dismissed the suit by Leroy Greer of Houston against
1-800-flowers.com. Atlas said Greer can refile in New York
where the florist is located.
Greer filed the federal suit against 1-800-flowers.com
in August in the Southern District of Texas. His complaint
alleged that in April he called and ordered long-stemmed
red roses and a stuffed animal for his girlfriend. Greer
claims he was promised that the florist would send nothing
to his home regarding the transaction.
But 1-800-flowers.com sent a discount coupon and a thank-you
card to Greer's house, where it was seen by Greer's wife.
The couple is separated and has had a divorce pending in
Fort Bend County since 2005.
When Mrs. Greer saw the card, she called the florist and
was faxed a copy of the receipt, which contained the name
of the woman that Greer was seeing.
She also saw the message on the card that accompanied the
flowers: "Just wanted to say that I love you and you mean
the world to me! Leroy."
Greer's wife then faxed the copy of the receipt to him
at work and included her own note: "Be a man! If you got
caught red handed then don't still lie."
Greer alleges that the florist breached the contract made
when he called and ordered the flowers and broke its own
privacy policy. He is asking the company to pay for his
mental anguish and for the increased amount he believes
he will have to pay in his divorce case, now that his wife
has proof of his relationship with another woman.
Judge Atlas found that if Greer wants to argue that 1-800-flowers.com
is in breach of contract, then he is also subject to the
contract. The company's Terms of Use, posted on its Web
site, requires users to file claims against the company
in Nassau County, N.Y., or in neighboring Suffolk County,
N.Y.
Greer "was given notice that the privacy policy, on which
he claims to have been relying when purchasing flowers
for his girlfriend, was part of a broader terms-of-use
which he apparently chose not to review," Atlas wrote. "Had
he done so, he would have been given notice - on the first
page and in all capital letters - that by accessing the
Web site he agreed to be bound by the Terms of Use and
that any 'claim relating to the Web site' or its content
was subject to a forum selection clause."
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