Truth and Accuracy in the Advertising of Floral Products

[tulip]

I like Sher's idea of sending Cathy's wonderful letter to a floral publication. I would like to see this in addition to sending it to the wire service executives. Thanks for taking the time,Cathy, to express all our thoughts so succintly.
Sandra

 

[clay]

I like Sher's idea of sending Cathy's wonderful letter to a floral publication. I would like to see this in addition to sending it to the wire service executives. Thanks for taking the time,Cathy, to express all our thoughts so succintly.
Sandra

I could be way wrong here, but I really doubt if it will be published in Florist Review and Floral Management unless it is a paid ad (and even then I wonder). Hey, I have been wrong many times before.....

 

[Sher]

I could be way wrong here, but I really doubt if it will be published in Florist Review and Floral Management unless it is a paid ad (and even then I wonder). Hey, I have been wrong many times before.....

In retro, I htink yOu are right Clay but it woud be worth paying for it now wouldn't it...lol

Can you see the scrambling at all the WS?

 

[NavyBrat]

Where's my pen? Superb letter, Cathy! Just another feather in your cap!

 

[clay]

In retro, I htink yOu are right Clay but it woud be worth paying for it now wouldn't it...lol

Can you see the scrambling at all the WS?

If only I was a fly on the wall at the magazines while they were discussing this letter!!!!!:ninja:

 

[Renee45]

I'm on board. Let's get it rolling.

 

[CHR]

At this point, about 1/3 of the FC members who've read this thread have voted 'yes'. No one has voted 'no'.

Curious if the non-voters are in agreement but don't want to sign, have reservations about some of the points and/or remedies (which I'd love to hear), don't think the practices outlined distort the marketplace or are concerned they'll lose incoming business if identified with this letter?

IMO, for this to be effective, several hundred signatures (or more) are needed.

 

[goldfish]

On behalf of professional local florists from across the United States and Canada, we are writing to the executives of all national floral wire services concerning the veracity of the advertisers methods and the practices used by some affiliate marketers, which we believe deceive consumers and unfairly influence purchasing decisions.

Emphasis is mine. I would take that out. While the statement is true, we really don't want to give the impression that we are complaining because it's "unfair" to us. Rather, I would simply argue that this practice is very damaging to the reputation of our industry as a whole. I won't mention that it's unfair to us.

My suggestions below...

We believe wire service performance rebates encourage the use of misleading sales techniques, encourage affiliates to use marketing practices which are in violation of both the letter and spirit of state and federal consumer protection laws, and have distorted the marketplace in favor on affiliates who employ misleading and deceptive marketing practices.

OK, by partly placing a blame on WS rebate program, I think you are drifting away from your main point. I would just focus on a single theme: "deceptive marketing" is damaging and stop at that, rather than speculate on how the deceptive marketing is being nurtured by WS.

Geographic misrepresentation. Affiliates should be prohibited from making financial gain

How about "from misleading consumers."

"Free vase" claims when sold and fulfilled through affiliate networks are also false, misleading consumers and unjustly diverting buyers from honest and truthful local florists.

I would take that part out.

The practice of providing product recipes to florists which, when followed, cannot duplicate or recreate the visual presentations when using industry standard flowers and supplies, places unfair burden on local florists, misleads consumers and creates consumer complaints.

I would take that out, too. It's not that the statement is untrue; it's just that to make sure the main argument point hits your target, other peripheral points may be better kept in storage for some other time.

Create a national independent clearinghouse where consumers and florists can report complaints about deceptive affiliate marketing practices. The clearinghouse would monitor activity across all wire services, independently follow up and report on complaints, and make recommendations to ensure consumer quality.

Again, I would take "florists" out.

Cease paying commissions and incentive performance rebates to affiliate marketers who use the practices outlined above to gain unfair competitive advantage in the marketplace.

Remove.

We believe it is in the best interest of consumers and the floral industry that floral gift buyers not be deceived by unscrupulous affiliates, and the affiliates not be encouraged and rewarded by national wire services. We ask you to commit to protecting consumers and our industry from deceptive and misleading marketing practices by affiliates.

Yes, that's the main point. Of course I will sign.

 

[Tracy D'Amico]

Instead of sending it to the WS heads...what about placing it in one of the floral rags??

I could be way wrong here, but I really doubt if it will be published in Florist Review and Floral Management unless it is a paid ad (and even then I wonder).

In retro, I htink yOu are right Clay but it woud be worth paying for it now wouldn't it

Yes, I would sign.
Yes, count me in for helping to financially support a paid ad, if possible.

I agree with Goldfish, less emphasis on the tone of unfair competition with florists - it should be primarily about the consumer.

and yes, :yourock: , again!

 

[LJVF]

How do we define "affiliate marketer"? In my opinion the wording of the letter creates an "us against them" (local florist vs. OG's) tone (probably intended). Why not target anyone and everyone who participates in these deceptive practices rather than single out a specific entity? OG's aren't the only ones guilty, many local florists are too.

Maybe my understanding of what defines an "affiliate marketer" is incorrect, which would explain my opinion.

 

[CHR]

The old adage 'follow the money' comes into play here. Without the rebates and incentives which reward these practices - paid out by the WSs - would the practices be curtailed or even stopped?

An interesting bit of news from France today:

eBay hit with ï½£30m fine for sales of fake luxuries

The world's biggest online auctioneer, eBay, was ordered by a French court yesterday to pay ?38.6m euros in damages to the luxury goods group LVMH for negligence in allowing the sale of fake bags, lipsticks and designer clothes.

The group, which saw around $60bn worth of goods sold across its platforms last year, says that as a host for independent vendors, it has a limited responsibility and capacity to regulate what is sold. But luxury goods groups have accused eBay, which earns a commission on sales, of facilitating forgeries and fakes by providing a marketplace for vendors who knowingly sell counterfeit items.

The site is also facing other lawsuits worldwide: the New York jeweller Tiffany & Co has sued the site for turning a blind eye to sales of counterfeits, describing it as a "rat's nest" of fake goods. It also faces action from L'Oreal in the UK and five other European countries.

The French courts have held that companies should not 'turn a blind eye' while making financial gain through the use of deception.

The FTC recently held a company responsible for the misdeeds of its affiliates. In that case, porn affiliates were spamming emails and ran afoul of the CAN-SPAM act. The FTC found the parent company was aware, did little or nothing to discipline the affiliates, and allowed them to re-register under new names if they ever were disciplined. Financial penalties were assesses and strict compliance reporting guidelines were put in place.

The main point of the letter IMO is:

We believe wire service performance rebates encourage the use of misleading sales techniques, encourage affiliates to use marketing practices which are in violation of both the letter and spirit of state and federal consumer protection laws, and have distorted the marketplace in favor on affiliates who employ misleading and deceptive marketing practices.

Take out a few dOGs and new ones pop up. The only way to prevent new dOGs, is to make sure they stop receiving incentives for their bad behaviors.

 

[CHR]

How do we define "affiliate marketer"?

Anyone who markets floral products for delivery through an affiliate relationship. This means both SFOs and B&M florists.

 

[CHERYL BAKIN]

I think the term would also apply to the likes of Barnes & Noble book sellers, Amazon.com, Starbucks, etc ....basically anyone who allows the use of their name, tied to another wire service name, to get a consumer to place an order, and then receives some time of financial reward (incentive) for doing so, and in doing so, actually is a "reseller" of the product, tacking on fees along the way.


Wonder how much it actually costs to take a full-page ad in Florist Review or Floral Management magazine??? where do I send my contribution?

Cheryl

 

[SpringCity]

Where's the HELL YES button!?
lol
I will so sign that.

 

[BOSS]

I could be way wrong here, but I really doubt if it will be published in Florist Review and Floral Management unless it is a paid ad (and even then I wonder). Hey, I have been wrong many times before.....

You could very well be right Clay. They tend to distance themselves when the florists have a good argument and a point that is "controversial" that while they may agree with, they are fearful of taking a stance and supporting the same florists that make their existence even viable.

And since I think it will most likely have to be a "paid ad" to get it into a floral publication, perhaps a better attention getter would be to use the funds and put it in USAToday, WSj and the NYT....

That said, the submission of this wonderful letter coupled with a one day work stoppage would most certainly get the attention of a lot of folks.

 

[steve]

Very well said and I think it be good to also send it directly to the new owners of FTD since I do not think they would see this otherwise.

 

[Mikey the Flower Guy]

CATHY.....how many "florists" generically even understand the dilemmas they are facing, and the "consequences" of NOT taking action to undistort the truth??
Mark, such a letter would NEED to be reinserted in most ALL major newspapers, MANY times over, to gain "interest" from the readership...it is a long and arduous, and very complicated petition, that "hardly anyone" cares about!
ONLY a "strike" of resounding proportions, of EVERY MAJOR filling marketplace would have the kind of impact that Cathy, with ALL her wisdoms, is so passionately trying to convey, OR a Class Action preliminary "discovery", that "tenders" accurate findings, that is deemed "fit" to move to the justice level, with ALL deceptive players served attendance notices, MAY raise some eyebrows at the "Dog Houses"......
MY answer to Cathy is YES, I WILL,WOULD,MUST sign such a petition, AND would certainly be MORE inclined, to become "responsible" for drafting or distributing a strike call in my area....just the "idea" being distributed, WILL catch the dirty players' attention.

 

[Joe Mioux]

Cathy, I just read this thread for the first time.

I have not voted - yet.

You have outlined the problems and made some recommendations.

Why would any of the WS's change the status quo?

Are you sending this letter to the wrong party?

Would it be better directed at the politicians - some Senator or Congressmen on a committee which deals with consumer issues?

With that said, a group needs to be a registered lobbyist to get the ear of a politician.

I don't know the answers, just conveying a few of my thoughts this morning.

Now I better get back and start arranging.

I will be back later to continue my thoughts

all the best
joe

 

[mikec]

That's a great letter and I do think it is time to start this kind of groundswell. My wife and I are only in the biz 8 months and very quickly realized the many problems involved with wire services and OG's. Yes, count us in.

Additionally, not to be too parochial here, but I would like to ask all florists from North Carolina about possibly creating a united front to go after all the OG's that appear as local florists, in our case, there are too many "ASHEVILLE FLORISTS" in Google. Competition is one thing, being a scurge is another.

Thanks for getting this counter offense going. Mike Champion

 

[Bigted]

Sorry, I voted no. Like all of Cathy's work, it's a great letter. However, I prefer to send in my letters from me to them. I know that none of my letters (or any other letter) has changed anything, but that's the way I like to do business.

I don't know how to say this without sounding like the greedy, self-serving person that I am, but I see nothing to gain here and quite a bit to lose.

Finally, and I would expect quite a few red dots for saying this, but having a letter signed by a lot of non wire-service members isn't going to carry much weight. There are only two no votes so far, but frankly, there seems to be a conspicuous absence of the biggest wire service members here.

I am sort of ashamed to take this position, but at least I'm honest.