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According to recently released court documents, Provide Commerce (ProFlowers) has agreed to a class action settlement from a lawsuit that asserts the company failed to disclose some of its floral arrangements arrived in a box. Initially filed by primary plaintiffs Brett Long and Danny Sozzi in July of 2013, the class action lawsuit contends ProFlowers issued deceptive and misleading statements about the floral arrangements promoted on the company’s website.
Sozzi and Long claim ProFlowers displayed already assembled floral arrangements on its website, but instead, the floral arrangements were ““delivered as a do-it-yourself kit in a box requiring assembly by the recipient.” The lead plaintiffs assert the ProFlowers website claims the floral arrangements will arrive in the same condition as presented in the website photographs.
ProFlowers continues to deny fault, maintaining that it disclosed to consumers that specific floral arrangements come in a box. The company has agreed to the class action settlement to avoid the costs of prolonged litigation, as well as the uncertainty of the outcome of a jury trial.
What You Need To Know
The class action website www.FlowersSettlement.com defines eligible class members as “anyone who, according to Provide Commerce’s records, ordered and paid for a floral arrangement from Provide Commerce at any time between July 1, 2009 and April 30, 2016 and provided a California billing address at the time of purchase. If you purchased a floral arrangement from ProFlowers.com in California between July 1, 2009 and April 30, 2016, you may be entitled to benefits from the floral arrangements class action settlement.” ProFlowers has agreed to give a $10 gift code to eligible class members, as well as modify the company’s disclosure policy in regards to flower delivery methods. The delivery description modifications include language that ProFlowers floral arrangements will ship in customized ProFlowers packaging that might include a gift box. Consumers who want clarification about floral arrangements should contact ProFlowers by phone or through the Contact page on the company website.
You have until June 26, 2017 to opt out of the class action settlement or contest any part of the legally binding agreement. After final approval of the class action settlement, eligible class members will receive automatic benefit distributions, without having to submit claim forms. Danny Sozzi, et al. v. Provide Commerce Inc. d/b/a ProFlowers, Case No. BC513925, in the California Superior Court for the County of Los Angeles has a final hearing scheduled for August 14, 2017. Class counsel comprises Paul Stevens from Stevens LC, as well as Raquel Flaherty and Sarah Hennessy from Flaherty Hennessy LP. Jason C. Wright and Christopher J. Lovrien from Jones Day handle the defense responsibilities for Provide Commerce.