Any Lawyers Out There.....

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cherrie

cherrie

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Nov 11, 2007
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Westminster
www.cherryblossomsflorist.com
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Colorado
I am raging, but not surprised.
Just disappointed in myself that I did not realize before that FTD charges us a Mercury acceptance fee
-$1.25(?) - even when we refuse an order.

I don't think this could possibly be legal - not when we receive orders for under our listed minimums, or for product we are not codified for, etc.

I tried to call FTD today, but surprise, I let the phone ring for 15 minutes and no answer. Called my rep - no return call

I had no idea about this policy and feel quite stupid for being so ignorant.

I'm sure that Teleflora probably has the same policy.

I think we should band together and file a class action lawsuit.

Anybody know how to start......
 
It's gone on for a very long time.

One of their rules is - they write the rules and can change them at any time.
 
cherrie said:
I am raging, but not surprised.
Just disappointed in myself that I did not realize before that FTD charges us a Mercury acceptance fee
-$1.25(?) - even when we refuse an order.

I don't think this could possibly be legal - not when we receive orders for under our listed minimums, or for product we are not codified for, etc.

I tried to call FTD today, but surprise, I let the phone ring for 15 minutes and no answer. Called my rep - no return call

I had no idea about this policy and feel quite stupid for being so ignorant.

I'm sure that Teleflora probably has the same policy.

I think we should band together and file a class action lawsuit.

Anybody know how to start......
Click to expand...

Cherrie,

You must have signed on the terms and conditions when you signed for membership.
Not sure if you can take legal action in such case.

Harmeet
 
Cherrie:
No case here.
You signed a membership agreement when you joined FTD or TF.
You agree to abide by their rules & terms.

One of the terms & conditions is that you agree that they can periodically change the fee structure at any given time, with notice to the member. The notice takes many forms -- at the end of your statement, for instance, or in a Dove or Merc message.

The $1.25 fee started by both services as one thing, and has been modified over the years (read increased).

Your option, should you no longer wish to pay the fees, is to:
1. return your Merc or Dove & go to a phone only system. You have now eliminated a number of useless orders that have to be rejected, and cost even more money.

2. drop your membership, and become WS free -- using a cc or going tru IFA to send and receive orders.

Hope this helps.

Cheryl
 
I have no advice but am glad to know this info is out there. My husband (not a florist) thinks when we open our shop, we'll "need" a wire service. This will be one more way for me to educate him that no, we don't.
 
CHERYL BAKIN said:
No case here.
You signed a membership agreement when you joined FTD or TF.
You agree to abide by their rules & terms.
Click to expand...
(Needless to say, I am not a lawyer.) I'm wondering if any interstate commerce laws could be triggered for unjust enrichment for the charging of fees on deceptively sold orders, when the company charging the fees is well aware the orders violate state and/or federal consumer protection laws.

When a florist receives a skimmed order from a dOG, or one of the 'free delivery' or 'free vase' OGs and refuses, they are required to pay FTD compensation for that order.

Of course, the florist can drop the Merc or quit FTD all together, but charging a florist who refuses to collude seems to fall outside any agreement FTD can draw up.
 
CHERYL BAKIN said:
Cherrie:
No case here.
You signed a membership agreement when you joined FTD or TF.
You agree to abide by their rules & terms.

One of the terms & conditions is that you agree that they can periodically change the fee structure at any given time, with notice to the member. The notice takes many forms -- at the end of your statement, for instance, or in a Dove or Merc message.

The $1.25 fee started by both services as one thing, and has been modified over the years (read increased).

Your option, should you no longer wish to pay the fees, is to:
1. return your Merc or Dove & go to a phone only system. You have now eliminated a number of useless orders that have to be rejected, and cost even more money.

2. drop your membership, and become WS free -- using a cc or going tru IFA to send and receive orders.

Hope this helps.

Cheryl
Click to expand...

That's Great advice Cheryl,
I am quitting FTD, but have to stay until August - because of the directory. I will contact my rep now and inform him that I want my Mercury to be suspended. I contacted several of my local florist friends yesterday. No one realized that they were being charged for orders that they has rejected. I always just took the Mercury Charges as stated, never looked deeply enough into them.

Thanks,
 
Cherrie:
YOu should be able to suspend your Mercury from your store, effective immediately.

Monday morning, Notify FTD in Writing & by Certified mail to come & pick it up. YOu have cancelled your Mercury service, effective immediately. (You may have to give 30 days notice, not sure on this.).
Now you are out of Mercury.....Start the same process to get out of FTD if you have not already.


Cathy:
Interstate Commerce (ICC) regulations do apply to FTD & TF.....but as you know, the cases are often very, very difficult to prove.
You would have to PORVE that FTD knowingly, and willingly was a partner in the collusion scheme. Documentation would be difficult, if not impossible, to provide to ICC or the DOJ.

My guess is that it is being done with a "wink & a nod" and that there is nothing -- anywhere -- ever -- in writing that can nail someone to the cross.
Just MHO........and you know that I am always ready for a good fight!

Cheryl
 
Thanks Cheryl,
I did suspend my Mercury today and tried to call FTD.
I emailed my rep that I no longer wanted Mercury.

I will send certified letters on Monday.

I have been afraid to quit FTD, because of the volume of product I distribute through their orders. I buy direct and have to use the product.

With my recent move, my walk in sales have increased so much it's amazing. My store sales have been up 25-40 % every month since February.

So now, I'm taking the plunge. I would rather eat my left over flowers than to fulfill another underpaid FTD order. I am over it.
 
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bloomz said:
It's gone on for a very long time.

One of their rules is - they write the rules and can change them at any time.
Click to expand...

Jonathan, the good thing is that it only applies to members.

Rock on....................
 
I do not believe that when we were ever sent a rule change, it was ever referenced as to which rule number it referred to........
Most of their rule changes were in small print......hidden within a commentary piece......and certainly NOT sent by priority or noticable applications. Read your rules and regulations every time a new directory arrives (before you use it as a door stop)
 
Back in the day the sending florist was always charged the transmission fee, be it priority X, N, A, etc... with the exception of FTO. But then FTD decided to change the rules to make all transmission fees FTO (the filling florist is always charged). I do recall reading the fine print during this transition that the filling florist would be charged 1.25 regardless if they REJ or the order is CAN. I believe TOTO to be the best historian on this and he can probably clarify or confirm. From then on I'm pretty sure this rule, however ridiculous it is, has always been there, in print visible to all members.
 
Once we sign and agree, accept the directory and don't read the fine print, we're done.
JB said and others will agree that the system has been in place for quite some time.

I myself don't think that the law firm is existing that would like to take on a case against them, as the fine print would keep them in a bitter battle for far too many years.
But, on the other hand, I think the glitch does in fact exist !
Can they be defeated ? Heck yeah, but the budget is not in the cards.
( Fine print does tend to work against ya after a while. )


My advice, Pay the fees or get out, and don't look back.
Hopefully soon I'll take my own advice.
Heck June 1st is upon us right ?
New fees, 2 hour windows !
Don't forget if your filling for them !
They won't !
 
LJVF said:
Back in the day the sending florist was always charged the transmission fee, be it priority X, N, A, etc... with the exception of FTO. But then FTD decided to change the rules to make all transmission fees FTO (the filling florist is always charged). I do recall reading the fine print during this transition that the filling florist would be charged 1.25 regardless if they REJ or the order is CAN. I believe TOTO to be the best historian on this and he can probably clarify or confirm. From then on I'm pretty sure this rule, however ridiculous it is, has always been there, in print visible to all members.
Click to expand...



Fasten your seat belts !
ROCK ON TOTO !
 
cherrie said:
Thanks Cheryl,
I did suspend my Mercury today and tried to call FTD.
I emailed my rep that I no longer wanted Mercury.

I will send certified letters on Monday.

I have been afraid to quit FTD, because of the volume of product I distribute through their orders. I buy direct and have to use the product.

With my recent move, my walk in sales have increased so much it's amazing. My store sales have been up 25-40 % every month since February.

So now, I'm taking the plunge. I would rather eat my left over flowers than to fulfill another underpaid FTD order. I am over it.
Click to expand...

You do it Cherrie! The "refusal" charges are exactly the reason I quit
both ftd and tele. it seemed that I was spending so much time trying
to read thru my statement each month and calling to find out what
all these extra charges were. I swear I was being charged a $1.00
for hitting a certain key on the dove, but just didn't know which key
it was! They just kept coming up with bazaar reasons to charge a fee
for this or that. You will sell your product, you'll see!
Call me direct anytime.
 
I am in the process of divorcing FTD. I think that every florist should consider this. They are a big corporation, that has now been bought out by United Online~ so the bottom line is they will have to make a profit at our expense. They will find every way to make money over and thru us on line. SO bye bye FTD. After FTD, the next one we should hit would be 1800 - please fill my $29.99 order and deliver to 10 buck two for nothing. I think there are many ways to get our orders accoplished in other towns for customers besides wire services.
Karen - Owner of Flowers by Karen
 
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cherrie said:
I would rather eat my left over flowers than to fulfill another underpaid FTD order. I am over it.
Click to expand...

For me this is the quote of the week. :)

V
 
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