A man used 1-800-FLOWERS to send roses to his mistress. Despite his explicit instructions to keep the matter secret from his wife, the company sent a thanks-for-using-our-services note to his home address a couple of months later. His wife investigated and ended up discovering her husband’s affair. They’re getting divorced and the husband is suing 1-800-Flowers for damages.
Even if his jurisdiction does not make adultery a crime, the suit should be dismissed. The fact that the law does not prohibit a conduct does not mean that one has a legally compensable right to the conduct.