Texas Makes Deceptive Websites

Illegal

By Brian Gamberini

A Texas law making it illegal for a floral business to misrepresent its

geographic location in a phone directory has been expanded to include

websites and print advertisements. Texas Governor Rick Perry on June 17

signed into law HB 989, which forbids a florist — a business that derives 50

percent or more of its gross income from the sale or arranging of flowers or

floral arrangements — from misrepresenting its geographical location online.

Members from the Texas State Florists’ Association (TSFA) asked State Rep.

Lois Kolkhorst in January to draft a bill that adds websites to the state’s

legislation about deceptive advertising. Kolkhorst worked with TSFA in 2003,

when Texas outlawed deceptive advertising in phone directories and

databases.

“I was pleasantly surprised we were able to get this law passed in just one

legislative session,” said Dianna Doss Nordman, AAF, executive director of

TSFA, which has spent the last 15 years building relationships in the Texas

House and Senate. Those efforts have paid off: “It was evident during the

process that TSFA is well respected,” Nordman said.

According to the new law, which goes into effect Sept. 1, a business

misrepresents itself when:

• The business is not located in the area indicated on its website,

• the website fails to identify the municipality and state of the business’

geographic location, and

• the telephone number on the business’ website is routinely forwarded

or transferred to a location that is outside the business’ geographic

area.

Nordman said TSFA is working with the Attorney General’s office to

determine how complaints should be filed and to what extent the Attorney

General will prosecute.

“SAF is happy to see Texas joining a handful of other states who have passed

laws outlawing deceptive floral advertising online,” said Drew Gruenburg,

SAF’s chief operating officer. “We hope even more states will follow suit in

protecting local retail florists’ business online.”

For more information on deceptive laws and how SAF can help florists pass

one in their state, visit www.safnow.org/deceptivelistings or email

bgamberini@safnow.org.

By Brian Gamberini

A Texas law making it illegal for a floral business to misrepresent its geographic location in a phone directory has been expanded to include websites and print advertisements. Texas Governor Rick Perry on June 17 signed into law HB 989, which forbids a florist — a business that derives 50 percent or more of its gross income from the sale or arranging of flowers or floral arrangements — from misrepresenting its geographical location online.  Members from the Texas State Florists’ Association (TSFA) asked State Rep. Lois Kolkhorst in January to draft a bill that adds websites to the state’s legislation about deceptive advertising. Kolkhorst worked with TSFA in 2003, when Texas outlawed deceptive advertising in phone directories and databases.

“I was pleasantly surprised we were able to get this law passed in just one legislative session,” said Dianna Doss Nordman, AAF, executive director of TSFA, which has spent the last 15 years building relationships in the Texas

House and Senate. Those efforts have paid off: “It was evident during the process that TSFA is well respected,” Nordman said.  According to the new law, which goes into effect Sept. 1, a business misrepresents itself when:

• The business is not located in the area indicated on its website,

• the website fails to identify the municipality and state of the business’ geographic location, and

• the telephone number on the business’ website is routinely forwarded or transferred to a location that is outside the business’ geographic area.

Nordman said TSFA is working with the Attorney General’s office to determine how complaints should be filed and to what extent the Attorney General will prosecute.

“SAF is happy to see Texas joining a handful of other states who have passed laws outlawing deceptive floral advertising online,” said Drew Gruenburg, SAF’s chief operating officer. “We hope even more states will follow suit in

protecting local retail florists’ business online.” For more information on deceptive laws and how SAF can help florists pass one in their state, visit www.safnow.org/deceptivelistings or email bgamberini@safnow.org.