FTD Reaches Settlement to Resolve Flower Substitution Class Action

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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.