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Man Sues Florist for Revealing Affair

Posted: Monday, August 13, 2007 7:30 AM by Noah Oppenheim

Today we brought you what appears to be another Hall of Fame entry in the Annals of Insane Lawsuits.  Leroy Greer, a car salesman, called 1-800-flowers.com and sent flowers to his girlfriend.  1-800-flowers.com subsequently sent a receipt to Leroy’s house.  The trouble?  Leroy shares his house with his wife, who thus discovered Leroy has a girlfriend.

Leroy says, at the time, he had been in the process of getting divorced, but had hoped to reconcile with this wife.  Now she’s set on splitting and demanding a much larger settlement.   He’s asked for $1 million from the florist.  But, so far, the florist ain’t paying.

Upon hearing his story, most of us instinctually think Leroy’s a little nuts.  He’s not exactly a sympathetic character, and it’s hard to imagine anyone being a “victim” because their extramarital affair was discovered.

But in fairness to poor Leroy, 1-800-flowers.com does appear to have made a mistake.  He explicitly asked them not to send anything to his home, and they assured him that wouldn’t happen.  If his account is accurate, they proffered a service – discretely delivering flowers – and they failed to deliver.

Now, pretend for a moment that those flowers were intended for a surprise Anniversary Party.  Let’s say that rather than cheating on his wife, Leroy had invested countless hours and thousands of dollars planning a surprise bash celebrating her.  And let’s say that by sending a receipt to their house, 1-800-flowers.com had ruined that surprise, undoing months of planning and leading to the loss of all that money spent on deposits, decorations, travel for friends, etc.   Would Leroy deserve some sort of compensation in return?

If you think so, then you have to acknowledge Leroy’s lawsuit might not be insane after all.  The morality of his behavior should be irrelevant to the responsibility the florist bears for doing what they promise.

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Mr. Greer's actions may not be acceptable to most but that does NOT negate his reasonable expectation to privacy. It's very sad that in addition to cheating on his wife, he is further humiliating her by dragging this mess in the news.  However, people can send flowers to whomever they like (mistresses included).  1800FLOWERS probably makes a good percentage of their money from cheating husbands.  If they promise not to send receipts and statements, they should honor that promise.
Caught like a rat in a trap!!  I think his wife should wait to settle the divorce.  If he wins the lawsuit...she gets 1/2 of the money awarded to him.
The most they owe him is a refund for the flowers. How can he sit there and attempt this. What an idiot!
he breached his contract (vows) by cheating on his wife.   2 wrongs don't make a right
Since 1-800-flowers assured Mr. Greer of a certain confidentiality, then it was in effect an implicit meeting of the minds, ie. a contract between the two parties. Therefore, if Mr.Greer can prove this to a judge, he is within his legal rights.
Please note that this a pragmatic approach on my part.( I am a woman). On an emotional level, I totally agree with Merdith V. However, the judicial system, in the US and Canada , should be a system of checks and balances and should not based on emotionalism,
Adultery can occur at any time in a marriage, including after the separation. It appears that most people who have written in believe that once separated, one can do whatever they want. This is absolutely incorrect unless parties have an interim order allowing each to date. That being said most attorneys will argue that the timing of the adultery should be considered by the Court. What everyone seems to be missing is that Mr. Greer himself stated that he and his wife were attempting to reconcile. What his adultery shows is that his intent was to induce his wife to call off the dogs so he would not have to part with any of his financial assets. In the meantime he clearly intended on maintaining this illicit relationship on the side. That is the behavior that will cost him in divorce court. As for the florist, the only way they would have had the address was if Mr. Greer provided it to them. Good luck finding a jury who will sympathize with him. Most people will consider it just karma.
Meredith try to report your stories with a bias more approach. I thought I was watching THE VIEW. Yes, Mr. Greer made a mistake, but 1-800 Flowers breached their contract. What if you doctor released your very personal,private information and after it was released simply offered an apology?
As much as I hate stuff like this.  The man may have a case.  It really depends if he used joint credit cards or not.  He DOES NOT have a right to have a girlfriend.  That is for when the divorce is FINAL!!  The one thing that makes me giggle is a verse from the Bible that says, "your sends will find you out."  I guess you've been found out Mr. Greer.  
This man is a an idiot. I think that he should pursue this lawsuit and then his wife should file for a divorce and recieve half if not all of the lawsuit money!! DUMBASS
Two claims appear to be at issue: damages for mental distress and remedies for breach of contract. According to the interview, plaintiff is upset about the stress induced by all this media attention and people judging him harshly for his actions. Since the plaintiff is responsible for filing the lawsuit, he can hardly hold the defendent liable for the media attention generated by his lawsuit. (I suspect his lawyer is actually seeking damages for emotional distress related to the financial strain of his wife's settlement demands. Also not a winner.) More important to this case is the claim of damages due to breach of contract. Consequential damages is the legal principle involved here, and all the palintiff is likely to get from the defendent is the refund of his purchase. The consequences for which he is seeking damages are not likely to be deemed "foreseeable" (from a legal perspective). Consider a cleaner that promises 1-hour service but fails to produce the cleaned garments on time. The customer had an important sales presentation. As a result of the failure of the cleaner to provide the clothes on time, the customer was late for the meeting, lost the sale and resulting commission, didn't get the promised raise or the stock options, etc. Breach of contract by the cleaner? Of course. Measure of recoverable damages? The cost of the cleaning. Nothing more.
There's nothing wrong with our legal system. Just something wrong with plaintiffs who want the system to protect and reward them inappropriately. Of course, if this genetlemen's lawyer didn't properly advise him of that the plaintiff will almost certainly lose this legal contest, shame on her.
i think he's mad cus he got caught! simple as that! however if 1800flowers.com did actually breach the contract which stated that nothing should be sent to his home then...i guess he has every right to sue. Me personally I wouldnt even worry about suing flowers.com. I'd be more focused on trying to reduce the settlement
People!! He didn't take this issue to the Court of Karma, he took it to a Court of Law. The man left specific instructions with the florist that were not honored.

If a Micael Vick was assaulted in his home, your argument is that the perpetrator shouldn't be prosecuted because Vick is a dog fighter? Please.
He's a cheater.  Too bad he can't seem to take any personal responsibility for HIS wrongdoing and for breaking HIS word.  
It absolutely amazes me how some people are willing to air their dirty laundry in front of a national audience.  Ladies... remember this one... he's a real piece of work.  And to the girlfriend: if you think that this guy is worth your time, perhaps the two of you deserve each other.  
1) More than likely he used a card with (like someone else said) a Joint Name or a billing address to his old residence
2) They didn't give out information until she called them, until that point it was automatically generated 'spam' thank you mail trying to drum up more business
3) IF the card was still in JOINT NAME she IS legally entitled to the billing information, since she would also be legally responsible for the debt incurred on the card
4) In Texas, (I know from experience) Adultry is STILL a reason for divorce (no-contest, adultry, incarceration, metal illness), and IF you can prove adultry you can more than likely get a larger settlement out of the adulterer

It would be interesting to get a little more on the details.

And to whomever stated that this falls under "HIPAA" laws, go look it up. HIPAA only protects health insurance information.

And if anyone thinks we have any right to privacy anymore, look up the Patriot Act.
I think this is ridiculous.
Let him sue, let him win...let the ex wife get a huge chunk of the money.
Noah is accurate in the logic of the matter? the issue is not that the gentleman got caught cheating it's that 1-800-flowers failed to hold up its end of the bargain. those who are arguing about him being caught cheating are really caught up in several fallacies that in essence have nothing to do with the point.
I've seen some stupid people but this idiot tops them all!
crazy you and the lawyer lucky you to have somebody to send flowers i dont think you are honest.
That is good for what happen to him, he was cheating on his wife and got caught.and why would you order flowers and use your credit card, you are married dummie, what a dumm ass black man, now he is trying to sue for 1 million dollors for his his mistake, i hope he dont get one brown penny. and for the woman he sent them to, she should feel stupid because the same thing he did to his wife he will do to her when he get tired of he. as the saying goes, you lay down with a dog you will get up with ticks not fleas.
Yes, the issue is that the company dropped the ball and should assume some responsibility. It all boils down to what is done in the dark will come to the light. It was meant for him to be caught.  The outcome should go like this, whatever money is awarded to him from the flower company should be applied towards alimony. That way... they all win:)
LOL!  Say what you like about this guy but we will see 1-800-Flowers settle quickly and BIG on this.  This, aside from importing AIDS infected rose thorns, is perhaps one of the most potentially damaging lawsuits a business like this could have against it.  Imagine the sheer volume of flowers this company delivers for married or otherwise involved parties on the DL daily. The average mate (gay or straight) doesn't make a habit of sending flowers to their wife or SO but they often send flowers to those "extras" in their life.  Too much press and attention on this could ruin a good deal of business for 1-800-Flowers.  It may not be PC but its certainly reality.
This is just priceless.  What goes around, comes around.  LOL
he should win the suit. the flower company should have been more careful.
they breached the contract.....nuff said.
You know what guys I am so disappointed in many of you, there are two separate issues here and it seems that they are both being linked because of emotional outbursts, first the guy exercised bad discretion in having an girlfriend since he was supposedly trying to reconcile with his wife, but what does that have to do with the legal obligations of 1800 Flowers to keep a customer information confidential, Legally he does have a case, morally he is to say the least suspect, but please do go all ballistic and hang him in the public square, look at all the congressmen and senators who were not in divorce proceedings but who have found to have cheated on their wives, why dont you all stone them in the public square, why is there one rule for the rich and another for the poor, how can you all talk about morality and justice when you are not practising what you preach...I say he who hath no sin cast the first stone...bunch of hypocrites !!!
This case is BS.  The receipt was sent to the proper billing address, which is necessary whenever you purchase something online.  Moreover, if he didn't want a paper trail, then he shouldn't have asked for a receipt!  I've used this company before and have never received a paper receipt.  Additionally, where were his credit card statements being sent?  If his wife is opening his mail, then she could have just as easily found out by looking at a credit card statement.  If that's also the case, then why doesn't he sue them as well.  I agree with other posters it's not the flower company's fault for sending HIM the statement and his wife committing the crime of opening his mail!  Finally, how are we supposed to buy his claim that he wished to reconcile with his wife if he's sending his girlfriend flowers?  Moreover, isn't he ultimately the cause of his wife's humiliation?  In the future, if he wants to play the game, then he should learn to accept all possible consequences.
There is a 'clean hands' doctrine that is typically used in family courts but I think it should be used in this situation as well -- the 'clean hands' doctrine states that a person who has acted wrongly, either legally or morally- i.e 'unclean hands' - will not be helped by a court when complaining about the actions of someone else.  This would also apply to the woman who called the police because someone sold her fake crack cocaine --you cannot expect the law to step in and award you compensation for something you did wrong. He made his bed and shoud lay in it.  Not only is he a cheater but he's an idiot if he thinks he's entitled to compensation.  Talk about displaced hostility.  The real victim here is his wife and she should be compensated accordingly!!!!
Yeah but it wasn't a surprise for his wife.  He should have made sure that the billing address was not used for any purpose.  If her name is on the credit card or the mail goes to the address she would have seen the receipt anyway.  He just got caught, now he wants the flower company to pay what the wife is asking for in extra cost in the lawsuit
I like what DEB of Wyoming said.  the wife should wait until his lawsuit is settled before she settles her's that way if he does win she can get half of that also.  Does anybody have her number?  I would love to counsel her.
Think with logic instead of the feminine American emotions. Feminism is ruining this country. Logic an fact tells us that the company breeched their contract. Its fact, no doubt about it. You  do know the facts of the plaintiffs marriage. Thats an emotional self serving opinion. You people are so judgmental its sickening. well until its your life in public scrutiny.  
Right, Jane Doe . . . If he was thinking about stopping the divorce proceedings, his wife should understand that perhaps he had tipped off sometime during those proceedings . . . More than likely, it wasn't the first time he had tipped outside. He put himself out there, and got caught. I am sure he and his wife have already spent that cash.
This just goes to show you that the world is comming to an end. I don't understand how he can be so serious about placing the blame on someone other than him self. The flower company did their part by "discretely delivering" the flowers and in turn wanted to ensure great customer service by sending a thank you note to his home for order. I think it's a great marketing strategy for any company to follow up with a customer...thats how u make more money. His wife wrote him a note saying that she saw the other womans number on the Tmobile bill, I wonder if he's gonna sue them too!?! lol
Tsk, tsk.  Poor Leroy - got caught trying to put one over on his (ex)wife.  Poor 1-800-flowers - put their flowers in their mouth and got caught trying to follow-up on their customer service.  Poor (ex)mrs. leroy - has to endure the humiliation for the idiot of a man she used to be married to. Hope she gets what she can out of our poor legal system for allowing this to even get into our court system. And lastly, poor new girlfriend of leroy.  Hope she realizes what a loser leroy is before it's too late for her!  
THE MAN MORALLY DOES NOT HAVE ANYTHING TO STAND ON LEGALLY HE MIGHT BE ABLE TO GET DAMAGES RELATED TO BREACH OF THE CONTRACT  BUT DAMAGES FOR AN INCREASED DIVORCE SETTLEMENT   TO REMOTE ACCORDING TO MOST COURTS   BOTTOM LINE THIS IS A NUISANCE LAWSUIT
Can't wait to get back to Law School and discuss this case.  Yes, the florist is at fault but so is Mr. Greer.  On one hand, he stated that he and his wife were in the process of a divorce but on the other hand, he was still living in the house and trying to reconcile with her.  Leroy, it always helps to get rid of your girlfriend if you're trying to reconcile with your wife.

Okay that being said, I'm not buying the 'trying to reconcile' story or the victim story.  Mr. Greer has to assume some, if not most, of the responsibility here.  This situation didn't occur overnight... Mr. Greer didn't suddenly have a girlfriend.  His own actions caused this problem.  If he was going to purchase gifts for a girlfriend with his credit card then he needed to change his mailing address for that card.  The florist sent a Thank You note and Mrs. Greer saw it and inquired.  

My Question.  Are both names on that credit card and statement?  If so, then Mr. Greer is an even bigger idiot then I first thought.  Why would he use that card?  But on the other hand if it was only his card then why is Mrs. Greer opening his mail.  These questions have to be answered before blame is laid upon the florist. If Mrs. Greer's name is on that card then she has every right to inquire about the Thank You note and the purchase. If only Mr. Greer's name is on that card then she broke the law by opening his mail and the florist should have never given her the additional info.  But my bottom line is this... he should have had another mailing address for that card if it was his exclusively.  Law School starts back in 3 weeks.
OMG this lawsuit is a wee bit wild but, first let me just say I read a few of the above comments and I just would like to say I think some people are straying away from the actual lawsuit at hand he's not gonna be judged in a court of law because he cheated and got caught, he's not going to be judged in a court of law because he feels bad about the situation, however the facts are gonna be laid out and the bottom line is, if the fact are correct 1-800-flowers will be paying this "SCUMBAG" 1.5 mill. for  breech of contract. Just because he can do that..........But, he'll be judged in very special way by very special man very soon !!!
Dear John Doe,
Who are you referring to when you say "typical of these people"? I am sincerely hoping that you are not committing the same mistake that H. Ross Perot made when speaking to the NAACP in 1992.

Just wondering...because you could also be referring to adulterers.
To John Doe Aug 13, 7:40 a.m.;  "typical of these people wanting something for nothing"...  Who exactly are "these" people?  So typical of you and your kind to judge a group of people based on the actions of a few negative experiences you've had with others.  How about you and "your people" people migrating to another planet.
Mr.  Greer you got what you deserved.  If you are going to cheat on your wife and have a girlfriend have the moral sense to have a different address for purchases. That lawyer should be embarassed to take your case and make her look like a fool. You are the dummy and your wife should have taken you for more.
Cheating or not, the case is a breach of contract case.  You call a random gift 800 number.  You speak to someone in a call center who is timed per call, and is expected to get you through that call while selling you as much as they can.  That person doesn't make more than a blue collar wage.  You ask for your information not to be released to a third party, so the call center person checks that box on the screen.  This gets your information off the catalog trade and sale list, it doesn't get your information off their internal catalog/mailer/coupon list.  Good marketing says that the customer who spent once will spend again, so they send a thank you/catalog/follow up coupon to the billing address. Your spouse gets said mailing and calls the company back.  If you call to get a reciept and have the credit card number that the order was placed with (and I bet all the wife had to do was go look at his bill file) and your last name matches, then out goes that reciept. Marrieds out there, how many times have you called and taken care of a bill for your spouse??
Privacy not marriage status is the issue.  Mr. Greer order flowers to be sent to someone, and only should Mr. Greer be able to get the information about the delivery.  His wife or ex-wife should not have been able to get the information PERIOD.  Mr. Greer has the right to sue, especially if the discover of the purchase, mean his ex-wife increase the settlement.
If the facts are allowed to stand alone...it is clear the flower company is wrong to have relased the info. And then the request to send a copy of his note should have sent up a red flag to the company that maybe a third party was requesting this info. Not only should Mr. Greer win his case 1-800-FLOWERS will never get my business and they should pay dearly. Note to all...In case you didn't know it, many hotel chains send notes of thanks to your home also.
PS: Why do most all the women side with the flower shop? What if this were a woman who had sent her boyfriend flowers all you would be crying foul...poor lady. But ol' Leroys get thrown under the bus. Bring on the Class Action Lawsuit against 1-800-FLOWERS.
It's nothing personal, it's business, so 1-800 flowers is at fault.  If the scenario had been different and this man hadn't been cheating on his wife, there would be no hoopla.  Bottom line they promised a service and didn't deliver, they broke the trust of the customer. On the flip-side.........it was time for him to get caught...........obviously.
If he didn't live at that address, why did he give it to the florist?  He provided his wife's address as his billing address even though he no longer lived there.  All they did was send a note thanking him for his order.  His wife then opened it (technically illegal since it was not addressed to her) and then called 1800flowers to find out who he sent them to.  They then faxed her a copy of the receipt.  That fax is what they should get in trouble for as they were then providing information to a third party.  That being said, even though 1800flowers is in the wrong, the idiot does not deserve 1.5 million dollars.  Why would you provide your ex-wifes home as your billing address.  Where was he living, if not with her?  He should have just given his new address and then it wouldn't matter what they send in the mail.  And even though I hate those dumb junk mail letters "Thanks for buying such-and-such" that didn't violate their privacy policy because they sent it to him and it didn't say wht he bought, when he bought, how much it cost, where it was sent, etc.  Someone was pretty stupid to fax the info to the wife when she called.  I wonder what she said.  Better yet, maybe he used her credit card, why else would the billing address be her house?  I hope that his wife does get more money from him for his adultery, and I hope that after the divorce, he falls really hard for the girlfriend and then she cheats on him, so he can know how it feels!
I have been watching the TODAY show for years, literally every morning.  When I saw this interview I nearly fell off my breakfast chair!  Is this man SERIOUS?  He cheats, he gets caught, and then the naughty little boy goes crying to his attorney.  Give me a break!  Where is his accountability?  He is the perfect example of what is wrong in America.  Any court in America that hears a case like that might as well close their doors now.  This "case" is laughable!    
If Leroy obtains anything from this lawsuit, I hope his wife gets most of it in the divorce settlement, for her pain and suffering for being married to this sorry excuse of a man!!! This man has no shame!
I am going to disagree with the majority of the women who have posted here. Being a woman myself I totally agree with Leroy on this issue. For the past 3 years I have used 1-800-Flowers to send bouquets to my husband on Valentine's Day and this past V-Day they really messed up. I requested that the flowers be sent to his workplace, but we ended up having a major snowstorm the day before so I knew that there would be problems with the delivery downtown as we were on a level 3 emergency. I called 1-800 and stayed on the phone for 45 minutes and through 2 supervisors who absolutely guaranteed that the delivery would be changed to our home address because the weather wouldn't be as harsh there. To make a long story a bit shorter, of course the flowers were delivered downtown that day when we were both at home, myself excitedly waiting for them.

Apparently some viewers, readers or even interviewers (Meredith V.) don't understand that this lawsuit is NOT about infidelity, it's about breach of contract both verbally and written. Maybe Leroy's credit card billing address was the home that he shared with his soon to be divorced wife, but his home address was where he currently resided. What the clerk at 1-800 failed to do was to verify his information before faxing the order and receipt to his ex. My husband shouldn't be able to get information on an order that I have placed. Because of that little part of the 1-800 contract, they should be liable. End of story.
THE 1800 FLOWERS PRIVACY POLICY STATES A PROMISE NOT TO SEND INFO TO "THIRD PARTIES". MANY STATES, ESPECIALLT TEXAS, WILL NOT CONSIDER HIS WIFE A THIRD PARTY AND THEREFORE, SHE SHOULD FEEL FREE TO OPEN HIS MAIL OR THE COMPANY SHOULD FEEL FREE TO SEND IT. ALSO, COMPANIES HAVE THE OBLIGATION TO CONFIRM INTERNET CHARGE CARD PURCHASES VIA HOME ADDRESSES WHERE BILLS ARE SENT DUE TO INCREASE IN IDENTITY THEFT. ANYONE WOULD APPRECIATE FINDING OUT SOMEONE USED THEIR CHARGE CARD TO PURCHASE FLOWERS ONLINE IN THIS SAME FASHION. I DON'T CARE IF AND THAT HE CHEATED, BUT LEGALLY SPEAKING, HE WILL GET LAUGHED OUT OF COURT ON THIS ONE.
as far as im concerned he deserves nothing,and if he had nothing to hide why go through all the avenues of making sure they dont send nothing to his house.  im pretty sure thats a standard practice of 1800flowers  to send thank-you cards.and it just so happens the wife received it HOORAY -HOORAY
Are you kidding me?  Seperated or not, Mr. Greer is still in a legal binding contract himself until his divorce is final.  You had a girlfriend before anything was final.  That's considered cheating. He got caught and is looking for someone to pay for HIS MISTAKES.  That is what is wrong with this country, abusing the justice system for frivolous lawsuits. Mr. Greer stated in his interview that no one knows the facts of what is going on and personally I could care less. He was in the wrong in this situation. His attorney is obviously slow on work to take such a ridiculous case.  I hope Mr. Greer's wife takes him for what he's got.    


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