According to a recent federal court ruling, a telephone customer is bound by the terms of an online business’s privacy policy and terms of use to which the salesperson referred during the call. In Greer v. 1-800-Flowers.com, Inc., No. H-07-2543 (S.D. Tex. Oct. 3, 2007), the U.S. District Court for the Southern District of Texas enforced a forum selection clause contained in the website’s terms of use against a consumer who ordered flowers for his girlfriend on the telephone. Before placing his order, the plaintiff inquired as to the company’s privacy practices and a 1-800-Flowers.com representative referred him to the company’s online privacy policy. Plaintiff claimed he relied on this policy when he completed his order. The privacy policy clearly stated that it was part of the website’s terms of use, which the plaintiff did not read and which included a forum selection clause.