Lov'n blooms
Consumer Watch | A lawsuit threat in an online sale
By Jeff Gelles Inquirer Columnist
Ah, the wonders of modern commerce.
I can sit at my desk here in Philadelphia, type "flowers Ardmore" into my computer, and wind up talking to a call center in Arkansas for a company in Georgia, all to send a bunch of roses a few miles away.
Or I could be like Marlene Petter. I could find the same company online, and order flowers for a sister in North Jersey - then wind up threatened with a $25,000 slander suit for complaining they weren't delivered.
Internet commerce isn't supposed to be a roll of the dice, but sometimes it is. Fear of dealing with a faceless or distant business is surely one reason that, according to the latest study by the Pew Internet & American Life Project, shopping lags many other activities that lure people online.
Even among Internet-shopping horror stories, though, Petter's stands out, if only for its sheer strangeness.
All Petter wanted was to send flowers for her sister's birthday. What she got instead was a week's worth of mounting annoyance, punctuated by that lawsuit threat.
A threat like that would make anybody mad, wouldn't it? And it turns out Petter probably has plenty of company.
One shopper's story
Petter began a week ago, as I did yesterday, by typing a few words into Google. I tried "flowers Ardmore," just out of curiosity. She used her sister's North Jersey hometown.
Both of us got a page with lots of choices. One, labeled as a sponsored link, was for
www.flowershope.com, a Web site operated by a Macon, Ga., company called Lovin' Blooms.
She clicked. She ordered. She waited. When the flowers didn't arrive, she called to check and complain, and did so again Monday and Tuesday.
With this kind of business, there's no way for an outsider to confidently lay blame. Still, Petter has good reason to be skeptical at being told that a local florist attempted delivery last Saturday: Her sister had been home all day.
Petter's sister finally did get the flowers on Wednesday, but by then the damage had been done. That morning, when Petter called flowershope.com and asked for a refund of her $50, things took a nasty turn.
Petter spoke with someone identified as an investigator, and says she was treated rudely from the start. The conversation ended after the investigator threatened a defamation suit if Petter filed any formal complaints.
Petter, a businesswoman who lives in the Gray's Ferry section, was undaunted. She went online again - this time to complain to the Better Business Bureau (
www.bbb.org).
A pattern of complaints
It's a shame Petter didn't do that last week. She might have stayed away from flowershope.com, which the BBB says has "a pattern of unresolved complaints."
To Petter, the report was oddly familiar: "Complaints generally allege rude customer service personnel, delivery issues, and difficulty receiving refunds."
The report doesn't say, but there's apparently another part of the pattern, according to Kelvin Collins, who heads the local BBB: slander suits.
"They say that with just about every response," Collins told me.
Collins says the company has drawn 63 complaints in the last three years. A dozen were resolved, and 21 more are considered resolved because the customer has never said otherwise. Twenty-six are still open.
In case you're wondering, BBB officials say suggestions of slander suits against consumers are empty threats, because courts generally grant the agency immunity. Without consumers, it wouldn't have anything to say.
Still, if it comes to it, they say they'll help defend a consumer's right to gripe, and have even done so in court.
That's not likely to be necessary in Petter's case.
I couldn't reach anybody at the company, but I asked its lawyer, Sam Alderman 3d, about the threat of a slander suit. He's never filed any, he says.
Besides, on Thursday, flowershope.com refunded Petter's money.
That, you may recall, is all she ever asked.