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FTD.com Inc. has reached a class action settlement in an effort to resolve allegations that the online flower company substitutes lesser quality flowers in its floral arrangements under a policy that it keeps under wraps.
No details of the agreement have been disclosed. However, FTD released a statement saying that while it has agreed to a settlement to avoid the costs associated with litigation, it is confident that if the class action lawsuit were to go to trial, it would win. FTD also added that the allegations in the class action lawsuit were “completely without merit.”
“Due to our high-quality standards and the perishable nature of flowers or local market conditions, substitution may be necessary to ensure a customer’s arrangement is fresh and delivered within the requested timeframe,” FTD said about its substitution policy at issue in the class action lawsuit.
“Our substitution policy is clearly disclosed in multiple places on FTD.com for consumers to review at the point of purchase,” it added.
Plaintiff Rachelle Erratchu filed the FTD class action lawsuit in a California superior court in Los Angeles County on July 31.
Erratchu charged FTD with unjust enrichment, negligent misrepresentation, and violating California business laws for allegedly advertising floral arrangements on its website but not clearly disclosing the fact that it has a covert substitution policy it buries somewhere on its website.
She says in her FTD class action lawsuit that “customers take great care in selecting specific flowers or floral arrangements based on the pictures” it puts up on its website.
The FTD website includes detailed pictures and descriptions of its floral arrangements, the FTD class action lawsuit says.
“Notwithstanding the fact that FTD provides a picture and description of the specific floral arrangement and/or flowers that consumers select to purchase on its webpage, FTD maintains a hidden ‘substitution policy’ whereby it can change the flowers themselves, the colors of the flowers or the vase/container,” Erratchu explained.
Because of FTD’s alleged “hidden substitution policy,” the class action lawsuit says that customers receive “subpar” replacements that “are often very different from the pictures on FTC’s website relied upon by the the purchaser of the flower.”
According to the FTD class action lawsuit, FTD relies on its “hidden disclaimer” significantly, which it can often get away with “because the vast majority of these purchases are sent directly to the recipient, who is usually different from the purchaser,” which often keeps the buyer from ever knowing what is actually sent compared to what was purchased.
“Every floral arrangement containing substitutions purchased by a consumer that viewed the misleading pictures on FTD’s website results in unlawfully gained profits for FTD, as it acquired the profits from the purchase of floral arrangements it would/may not have received, had it not used the misleading pictures and hidden its substitution policy on its website,” it added.
Erratchu is represented by Shawn Westrick of Kawahito Shraga & Westrick LLP.
FTD is represented by Christopher Lovrien of Jones Day.
The FTD Deceptive Advertising Class Action Lawsuit is Rachel Erratchu v. FTD.com Inc., Case No. BC859687, in the California Superior Court for Los Angeles County.
UPDATE: Claim filing instructions for the FTD flower substitution class action settlement are now available! Click here or visit www.ErratchuFlowerSettlement.com for details.
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21 thoughts onFTD Reaches Settlement to Resolve Flower Substitution Class Action
This should apply to other states besides California. FTD does it here in NJ too. I don’t care that they substitute (most of the time) but the quality of the substitution has been inferior every time. One time they sent flowers to me as an apology because the birthday arrangement I ordered was so wilted when it got to the recipient that I was extremely embarrassed (the flowers were that bad).
UPDATE: Claim filing instructions for the FTD flower substitution class action settlement are now available! Click here or visit http://www.ErratchuFlowerSettlement.com for details.
I ordered a mothers day arrangement, a glass vase full of roses with a few daisies. What was delivered was nothing close to what I ordered and not at all worth the price. It was mostly greenery/filler and in an ugly basket. When I complained about the substitution and it not being worth the money I paid I was sent a lame email that said .. ((We have received your concern regarding the quality of the flowers that were delivered. We have asked the Florist to attend to this as soon as possible. In addition, please accept an exclusive offer to save $10 on a future order by visiting http://www.ftd.com/spring10. Thank you for shopping with FTD.COM. Sincerely, John http://custserv.ftd.com)) No Florist attended to the issue and there is no way I would buy from them again so a $10 savings was worthless. The class action refund of $8.50 or a $20 coupon for FTD is even worse. A check for $8.50 to fix a ruined mothers day gift 4 years ago? What a waste. They require proof of your identity, but I have returned class action paperwork before and no proof was required. I have my receipts and emails from FTD and a picture of what I ordered and what was delivered. Is that not enough for a measly $8.50?? I am just fine telling everyone I talk to to never use FTD for ANY occasion. Try TheBouqs.com instead. I have had nothing but success ordering from them. Bouquets are always beautiful and exactly what I ordered. They are smart enough to put SOLD OUT if they cannot provide the arrangement rather than providing whatever ugly greenery is left over.
I ordered a birthday fruit package. More than have the oranges were very old and/or dried up. I’m glad the receiver told me cause they are expensive. The delivery guarantee date was off by several days too. I was able to make a phone call though and get a refund on shipping and a replacement delivery shipped out…after denying their initial percentage off next order offer. I will never order from them again. My first & last time. You can’t ever get back that special moment.
This happened to me four years ago. My Son-in-law died while in the desert. It was unexpected and horrifying. He’d been there many times and had see the bones of others who had died there. He was in fear of that happening to him. His cell phone had lost a signal and by the time they found him he had been there four days. Mind you this was a few days before Fathers Day and the Graduation of the oldest son. He had called me about two weeks before and was cutting his trip short so that he could shake the hand of the son graduating HS. He wanted to welcome his son into manhood. I, along with my daughter and grandsons, we’re going thru so much trams that the flowers were the last thing on my minds. His mother sent me a note thanking me for the flowers along with a picture. I was shocked to see these flowers were not what I spent nearly $75 on.. When I called I was told the same crap. I asked for a refund but they refused. Pissed? Heck ya I’m pissed.
This happen to me many of times please include me in this… Here. Is my number 1-252-497-6993
I sent my daughter some for her birthday while she was in college they were crazy priced and when she got them they were about dead and was not even what I ordered or paid for I call company raising u know what of course all I got is I’m sorry miss sorry you didn’t like them and they hung up on me.. Garentee I will never use them again.
I totally understand how you must have felt. Because when a person spends their money it’s on things they sincerely want. And no one else has the right to make changes to something that individuals have paid for. FTD is a business and they should know how to treat their customers.
I placed an order of a dozen of roses for a sick friend. However, the flowers she received was not what I personally selected. They were a false replica and I was very disappointed and dissatisfied.