Thursday, August 16, 2007

Leroy Greer a Victim of Privacy Infringement or Does a Rose By Any Other Name Still Smell the Same?


Unlike the attorney client privilege, to my knowledge, there does not exist a customer- florist privilege absent some contractual agreement. Leroy Greer, a man going through a divorce in Texas, may disagree. Leroy Greer is suing 1-800-Flowers for $1 million for apparently revealing to his spouse that he sent flowers to his girl friend.

Apparently, Leroy Greer was going through a divorce at the time he sent the flowers. In his federal lawsuit, he claims that he bought flowers through 1-800-Flowers for his girlfriend. He further claims that he requested the company to keep his purchase private. Leroy Greer alleges he was entitled to privacy because the company's "privacy policy" allows customers to ask 1-800-Flowers not to share personal information with "third parties." But, Greer says the Defendant sent a thank-you note to his house. Greer's estranged wife apparently saw the note. She then apparently called the company which faxed her a copy of the receipt.

The receipt confirmed that Greer had sent another woman a dozen long-stemmed red roses. The note read, "Just wanted to say that I love you and you mean the world to me!" according to the complaint. At the time Greer claims he was going through an amicable divorce. (Learning of the girl friend apparently ended the amicability.) Greer claims that his wife became more demanding in the divorce settlement negotiations. Kennitra Foote represents Mr. Greer.

Greer seeks $1 million for breach of contract and deceptive trade practices.

Does Greer have a beef or is he just busted?

24 comments:

Anonymous said...

Poor guy. It was no one else's business.

Anonymous said...

So now do you get my genetic theory about men? It is the swine gene. They can not help themselves. Let us all take the time out to show our pity for this poor unfortunate individual.

Shell

Ms Calabaza said...

Greer is SO busted . . . HaahhahhahahahhhhahahahahhhhHooooohoooooooooHaaahhhaaa!

Anonymous said...

He is just a misunderstood man!

colleency said...

He confirmed that there was a privacy policy. They violated their policy.

I think he's got a good case.

(agreed - he is SO busted, and he may well be a swine - but all that aside, 1-800FLOWERS didn't live up to their part of the contract.)

Anonymous said...

great case for breach of contract

Anonymous said...

he not only smells, he stinks.

Anonymous said...

Breach of contract does not equal damages…well, at least any and all. Breach of contract equals foreseeable damages.

Did Flowers have knowledge that there was such intense dependency on their contractual obligations and breach might place him in this position (whatever that is?)?

Unless he told them, “look I’m going through a divorce, things are amenable and if you breach your confidentially obligations I’ll suffer millions in damages” then I’d say he is just “spraying paper”. The general contract theories are that you are not libel for unforeseeable damages.

What, I contract with UPS under their 2 day delivery promise to deliver a pin to NY. They don’t, and my $750 million underwater research vessel sinks in the Indian Ocean and their responsible? NOT! Unless I told them, “I need this pin for my $750 million underwater research vessel in the Indian Ocean and it will sink and I will suffer this loss if you breach. Then they’re on the hook. But I’d doubt they’d do it for the usual fee.

And I’m sorry…but I don’t see the “swine gene” here either…me thinks the “rose colored glasses” are still impeding a clear view of the world.

I would certainly say that he has done quite wrong….after all he is married. But that is significantly mitigated by the agreed upon impending divorce. Still wrong, I don’t condone it….but it’s not like he abandoned his faithful, dependent wife, and hungry kids.

That said, I condemn HIM and HIS actions. Not all living things, not all animals, not all humans, not all men, not all white men, not all white men who are 6”01”, not all white men 6”01” who drive blue Chevys,….where does it stop?

Good Lord, by the time we’re done, just happening to look similar to another who has done something you don’t like results in you not liking me or being quicker to the “condemnation button”?

Look, I understand that people do people wrong….I do. But I’ve been shafted by women. Lied to, cheated one, used, betrayed,…I could easily just condemn them all….but I don’t…I condemn the particular ones who have done particular acts.

It’s harder that way.

Now, instead of just looking at a women and saying to myself, “just another ignorant, parasitic, manipulative liar, looking for a meal ticket for today because her genetic propensities have not positioned her otherwise” I have to actually engage them in conversation, get to know them, their histories, their viewpoints, their values, etc…that takes work.

And I’m happy to do it.

Because there are many, many good women in this world.

And many good men.

And many good humans.

You just have to take off the “rose colored” glasses and look fairly.

L.S.

LA Girl said...

Gentlemen, this is a lesson to all. At least wait until the ink on your divorce papers is dry before publically pursuing another woman. It seems like commmon sense to me, but what do I know? I am just saying.........

Anonymous said...

Exactly L.A. girl!


Jill

Anonymous said...

L.A. girl, irrespective, does a customer not have a right to the benefit of his bargain? If it says the order will remain private, don't they breach the contract when they give the receipt to someone else?

Dollar Bill

Anonymous said...

L.A. girl, welcome to the posting world. Just what we need, a female California Surfer Dude.

So what you are saying is he some how gives up his contractual rights just because he cheated? How can the store use that as an excuse for their own wrong doing.

Vic

Anonymous said...

His claim of contract breach is valid. His claim of damages is not.

L.S.

Viper said...

Wow, the new girl (L.A Girl) and L.S seem to think a like. Who would think a L.A. socialite and a Florida Officer would have similar views?

First, L.A. girl, who says men need to learn a lesson? Divorce Lawyers like me would go out of business if men wised up.

Second, L.S., your anti stereotype argument is great, but you have to remember that perceptions are important in many aspects of life such as politics and jury trials.

Here, many woman see Greer consistent with their stereo type of men. Is it right? Probably not. Is it a real perception? It is to them.

The main concern is did he have an expectation that they would keep his order private? IF so, by busting him they breached the contract. While damages may be speculative, I know lots of lawyers that would take this case...

Anonymous said...

I think, “may be speculative” is putting it too kindly.

I could not take this case….there is just no way I could make a straight faced argument.

I’m just not that good!

But I do see where it could be done.

L.S.

Anonymous said...

I have seen people get $100,000s dollar verdicts on weaker cases then that.

Dollar Bill

Anonymous said...

Never know what a fact finder is going to find.

Like I said, “spraying paper”.

But like “spraying and praying”, sometimes you get lucky and get a hit or just flat out un-nerve the other guy.

I still like “one shot” hits.

L.S.

Anonymous said...

L.A. girl, you go girl. If a man cheats before the ink is dry, hit him up style!

brenda

Anonymous said...

Word up men, watch your self or you will pay!

Anonymous said...

Even I would not have done this...

Surfer Dude

Legal Pub said...

Wonder if the bad boy image will work for Leroy Greer now or will he need to read God is A Woman by Ian Coburn in order to regain his dating life after this mishap?

Anonymous said...

Poor misunderstood player!

Anonymous said...

Misunderstood player? No, he is understood to be the player he was trying to hide!

Anonymous said...

Not much sympathy for the alleged victim on this forum!