Florists call for action Group wants all non-local sellers to list addresses in phone book
www.centralmaine.com/news/local/361052.shtml
By CHUIN-WEI YAP
Staff Writer
Copyright © 2003 Blethen Maine Newspapers Inc.
from the Kennebec Journal and Morning Sentinel
Catherine Hebert called a 1-800 number to order a dozen carnations from a business that called itself Winslow Florist. But the company that took the order had nothing to do with Winslow.
In fact, they were not even florists, but a New Jersey telemarketer who forwarded Hebert's order to a local florist and pocketed a $44.95 charge that is nearly a third higher than local prices.
"It's a major rip-off," said Hebert, who co-owns Fairfield's Sunset Flowerland and Greenhouses. "Companies that run 800 numbers make it clear that they are national marketers, but you cross the barrier where consumers don't have a reasonable way to differentiate between an existing local business and one that claims to be local."
It's not just Winslow Florist with the 1-800 number. It is also Presque Isle Florist, Orono Florist and others. None lists addresses, because none is in Maine.
With barely a month before flower fever hits with Valentine's Day, Hebert and about 20 florists brought the issue to the state's utilities and energy committee at a public hearing Monday. They told the committee that the public had been deceived and a law had been broken.
The law in question is the federal Uniform Deceptive Trade Practices Act, which Maine adopted in 1969. The statute outlaws any business practice that "causes likelihood of confusion or misunderstanding as to the source ... of goods or services, and ... uses deceptive representation or designation of geographic origin."
Out-of-state marketers have ignored that law for about 15 years now, said Jeffrey Karter, former vice president of the Maine State Florists and Growers Association. But the organization has never been able to find a way to force it into public consciousness -- until Hebert came along a year ago, and stayed the course to push a bill all the way to the Statehouse.
But the fight has only just begun.
The florists want the phone companies to make businesses list their addresses in the white pages, but the phone companies do not want to foot the bill.
"Their concern focuses on additional costs they would have to pay to validate the addresses, and their liability," said state Rep. Lawrence Bliss, D-South Portland, who co-chairs the utilities committee. "Their concern was not that this wasn't a good idea, but they're placed in the middle. I don't think this is an adversarial fight between local businesses and phone companies, though the phone companies did speak against the bill."
And if all 1-800 numbers are made to list addresses, some state agencies with multiple addresses would have to comply, creating additional costs and possible confusion, according to Ann Gibbs, a state horticulturalist who also advises the florists' association.
"It's a story of a group trying to solve a problem, and it gets all the players in the field, good, bad and indifferent," Gibbs said.
Bliss said Hebert's issue captured his committee's full attention, drawing Monday's hearing out nearly three hours. The committee now wants to hear why the Attorney General's Office has not yet acted on the issue.
The state's lawyers say it is a matter of resources and priorities.
"These are disputes between businesses, and we usually do not get involved in inter-business litigation," said Charles Dow, the Attorney-General's spokesman. "There's a difference between having a state law on the books, and whether or not you're entitled to have the state pay for your lawyers."
Legislators will discuss the bill at the committee's work session next Monday, which a representative of the Attorney General's Office will attend.
Chuin-Wei Yap -- 861-9253
www.centralmaine.com/news/local/361052.shtml
By CHUIN-WEI YAP
Staff Writer
Copyright © 2003 Blethen Maine Newspapers Inc.
from the Kennebec Journal and Morning Sentinel
Catherine Hebert called a 1-800 number to order a dozen carnations from a business that called itself Winslow Florist. But the company that took the order had nothing to do with Winslow.
In fact, they were not even florists, but a New Jersey telemarketer who forwarded Hebert's order to a local florist and pocketed a $44.95 charge that is nearly a third higher than local prices.
"It's a major rip-off," said Hebert, who co-owns Fairfield's Sunset Flowerland and Greenhouses. "Companies that run 800 numbers make it clear that they are national marketers, but you cross the barrier where consumers don't have a reasonable way to differentiate between an existing local business and one that claims to be local."
It's not just Winslow Florist with the 1-800 number. It is also Presque Isle Florist, Orono Florist and others. None lists addresses, because none is in Maine.
With barely a month before flower fever hits with Valentine's Day, Hebert and about 20 florists brought the issue to the state's utilities and energy committee at a public hearing Monday. They told the committee that the public had been deceived and a law had been broken.
The law in question is the federal Uniform Deceptive Trade Practices Act, which Maine adopted in 1969. The statute outlaws any business practice that "causes likelihood of confusion or misunderstanding as to the source ... of goods or services, and ... uses deceptive representation or designation of geographic origin."
Out-of-state marketers have ignored that law for about 15 years now, said Jeffrey Karter, former vice president of the Maine State Florists and Growers Association. But the organization has never been able to find a way to force it into public consciousness -- until Hebert came along a year ago, and stayed the course to push a bill all the way to the Statehouse.
But the fight has only just begun.
The florists want the phone companies to make businesses list their addresses in the white pages, but the phone companies do not want to foot the bill.
"Their concern focuses on additional costs they would have to pay to validate the addresses, and their liability," said state Rep. Lawrence Bliss, D-South Portland, who co-chairs the utilities committee. "Their concern was not that this wasn't a good idea, but they're placed in the middle. I don't think this is an adversarial fight between local businesses and phone companies, though the phone companies did speak against the bill."
And if all 1-800 numbers are made to list addresses, some state agencies with multiple addresses would have to comply, creating additional costs and possible confusion, according to Ann Gibbs, a state horticulturalist who also advises the florists' association.
"It's a story of a group trying to solve a problem, and it gets all the players in the field, good, bad and indifferent," Gibbs said.
Bliss said Hebert's issue captured his committee's full attention, drawing Monday's hearing out nearly three hours. The committee now wants to hear why the Attorney General's Office has not yet acted on the issue.
The state's lawyers say it is a matter of resources and priorities.
"These are disputes between businesses, and we usually do not get involved in inter-business litigation," said Charles Dow, the Attorney-General's spokesman. "There's a difference between having a state law on the books, and whether or not you're entitled to have the state pay for your lawyers."
Legislators will discuss the bill at the committee's work session next Monday, which a representative of the Attorney General's Office will attend.
Chuin-Wei Yap -- 861-9253
