Tuesday, December 05, 2006

It's A Struggle, Sometimes

Who would have guessed that florists across Kansas and their local customers were being victimized by a New Jersey outfit. I wasn't aware of the problem until I saw an Associated Press article in the Arkansas City Traveler about a law passed in 2000 that wasn't being enforced. Funny this Wichita Eagle spawned story didn't appear in the Kansas City Star, but I guess it is not important enough.

Apparently, a New Jersey company advertizes in local telephone directories, presenting itself as a local florist by including a place name in violation of a state consumer protection law that requires disclosure of its true location. In the case of florists, the New Jersey company takes orders, passes them on to a real local florist or a national service with a network of local florists, and levies a service charge for their trouble, which means the bouquet of flowers ordered has fewer blooms that expected by the customer.

With the fierce competition for retail dollars, individual merchants in communities across Kansas struggle for their very existence. Competition from mere phone book listings that involve no investment in the means of delivery of goods and services is hard to overcome, even if only a small portion of sales are eroded by the practice. Kansas consumers and out-of-state customers who, in the case of flowers, may be ordering them for a funeral, hospitalized person, birthday or other occasion deserve to know to whom they are giving their business.

The case of florists makes one wonder what other type of goods or services customers are being misled about. Nothing comes to mind right away, but I'm sure it's not just about flowers. Also, are orders made to out-of -state Web sites unfair competition, according to the same standard of disclosure, if their address is not listed. If a Kansas florist delivers the flowers ordered through a New Jersey call center, isn't the Kansas florist complicit in the ruse. In the reverse, shouldn't a New York Deli in Kansas either be required to have a mother company in the Big Apple or, at least post a disclaimer as to the true character of the delicatessan. Perhaps, all's fair in love, war and retail.

Anyway, the law has been on the books for the past 6 years and a greater consumer protection effort by AG-elect Morrison should make the florists and the flower givers feel better. In the meantime, caveat emptor.

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