Wal-Mart Threatens Legal Action Against GottaDeal.com

[BabyTC]

I just sent a comment to them. That is totally insane!!!! :mad: They better bring the best ad ever!! They already took layaway from people who needed it, now they don't want people that live for this time of year to be excited and hyped for the holidays. I swear if I get the ad I will hand type all the info anonymous. Believe that!!!

[GINAPHEE]

WHAT??? NOOOOO!!!

I WILL BE SENDING THE EMAIL NOW

[setlok73]

One thing about phone calls: everytime you call on a 1-800 number, you are costing Wal-Mart money. That is the only thing they understand.

I was a director of a call center for several years. Each time a call comes in it costs them...the calls that go to the front line call center group usually run $3 - $4 but the calls that go to more advanced reps ie, tech supports and such can be upwards of $12 - $14 per call...just the basic call. The longer the call goes obviously the more it costs. The call itself (the 800 number) is a small part of it.

 

Just some info that might help.

[oldandintheway]

Ok, i have made calls, sent emails, spread the word...Now what? What can I do next?

Refuse to shop there.

 

I sent out my emails early this morning. I didn't get a chance to call today, but will definitely call them again tomorrow morning.

[Guest ladakn99]

would it be effective to go to the stores and chew out the managers there until they hand us the ad to look at... just in good spirits lol :-D

[TamiL]

Without the guidance of early Black Friday ads to strategically plan our trips we should no longer shop at Walmart. Actually we shouldn't shop there anyways. Always low prices, even lower wages. My kids will not be getting Walmart (Chinese made) toys this year and they already know it. We will be doing more old fashioned things like books and art supplies. I guess its a good thing my kids like that sort of thing. If we did this in mass, just maybe Walmart would get the message.

 

Its funny, when Walmart first came to town in the late eighties or early nineties, they had all these signs that said "Made in USA" and "American made". Quickly those signs dissipated and were replaced by the stupid smiley faced emoticon that slashed prices everywhere in the store. Unfortunately our economy has literally forced millions of Americans into shopping for the lowest price at any cost. Hence the reliance on Chinese made goods and the disappearance of the American manufacturing economy. Walmart will not be getting any of my family's hard earned cash this season.

[lucyismycat]

I don't shop at Walmart anyway (I have customers that are their vendors, and it's pathetic the way they treat the vendors), but I sent emails to the three addresses listed.

So far Tara Steward's email is the only one that bounced.

 

Keep it up, and maybe we'll get through to them that we mean business! Didn't they have a crummy year last year anyway? Maybe this is their way of trying to build anticipation, but I'm thinking that their ad isn't going to be any good this year, either. They probably have a bunch of leftover bathrobes.

[jcsgs74]

I have never wasted my time at Walmart on BF. Now if Best Buy or Circuit City were to do this, I WOULD be mad. Hey Walmart...I hope you are reading these posts!

[wyntyrose]

I keep calling and emailing, but have decided to NOT shop there anymore. Yes it is closer to me but I can drive a little further to get my shopping fix. Target here I come.

[ladybug428]

Here's what I wrote to Wal-Mart:

 

My comment is in regards to the gottadeal.com situation. First of all, I think it would be a huge mistake to keep your Black Friday ad from posting to this site, because so many people know about this site now and, I know from experience, radio stations, newspapers, etc., will use this site, and others like it, to promote the deals on Black Friday and get them to your store. I use the website simply because I live in a podunk town without newspaper delivery, and when I try to go buy the paper for the ads, they're always sold out! You have to think about the small communities that you always boast about offering your low prices for, and I really think keeping your ad off this site would be a huge marketing mistake for you. You'd lose out on FREE publicity, and potentially lose tons of money by people, such as myself, who map out the Black Friday sales in advance...and without the ad, well, I guess I won't be shopping at Wal-Mart this year. Just something to think about...

[Brad]

With a short notice sent to a handful of Web sites last week, the largest retailer in the world put a damper on the biggest shopping day of the year for die-hard bargain hunters.

 

For those who trawl the Web hoping for any edge in finding the best price on the most sought-after item on their holiday shopping lists, finding Black Friday ads ahead of time helps them plot out a retail attack. Tracking down the best bargains available on the day after Thanksgiving has become a game for both shoppers and the site owners, who race to see who can get the ads bearing the lowest prices online the earliest.

 

But Wal-Mart Stores isn't sharing Black Friday fans' fun. A note sent to about 10 Web sites from a Washington, D.C., law firm on behalf of the retailer warned of "criminal penalties" if any of the sites post any of Wal-Mart's Black Friday advertisements prior to November 19, four days before Black Friday. So far, Best Buy and Circuit City representatives have said they won't be taking legal action if their ads show up on the Web too soon, according to Reuters.

 

"Over the last couple years it's been kind of an arms escalation between the Web sites and the retailers," said Stephen Baker, vice president of industry analysis for NPD Group. "Three years ago it was just a few token Web sites and nobody cared. But the last couple years they've been aggressively soliciting people to find these ads and send them in. Retailers have threatened lawsuits, and since most of these sites are small operators or a single guy and can't really stand up to that kind of (legal) pressure."

 

So far, it appears Wal-Mart's threat has worked. Many Black Friday sites have said that they will comply, though they're not happy about it.

 

In fairness, while it seems like Wal-Mart is being a spoilsport, the retail giant's ire is understandable: The ads are a valuable part of its pricing strategy, and when its competitors know of Wal-Mart's price-slashing plans early enough, they can alter their own prices midstream. Plus, the ads are copyrighted information, whether we like to think of them that way or not.

 

It's no secret that Wal-Mart is able to offer some of the best bargains in the retail business. So why should the biggest retailer in the world be concerned with a few one-man Web sites? "In general, Wal-Mart's competition knows that Wal-Mart is going to be the most aggressive guy out there, this year they know that as well, they just don't know (for example) the specific notebook model that will be $199," said Samir Bhavnani, analyst with Current Analysis West.

 

By sending the notices, Wal-Mart is admitting that it (and most other retailers) can't keep a lid on its holiday prices thanks to the many different entities (printers, publishers, and others) that have a hand in creating the Sunday circular ads. So when all else fails, bring in the lawyers.

 

Wal-Mart did not send this type of notices last year, said company spokesman John Simley. While the company has had communication with some Black Friday Web sites before, never has it taken action this early. But Wal-Mart executives want to make clear what's out of bounds before the ads head to publishers.

 

"The idea is by the time you send a cease-and-desist letter (which some retailers have done in the past) it's already too late," Simley said. "This really is to prevent that from happening in the first place."

 

Every major retailer has a Web presence now too, which complicates the price-slashing game among retailers even further. "Nowadays you can be a lot closer to the point of sale because of the Internet" and still react, said Baker. "You can do Web-only specials, you can try to drive people to your Web site (to) buy online and pickup (merchandise) in the store."

 

Messages posted to the forums on GottaDeal.com, another Black Friday site, show many shoppers vowing to call and e-mail Wal-Mart to voice their displeasure. Some like commenter "christib327" couldn't understand Wal-Mart's decision. "I think this is crazy and will also be sending an e-mail. Honestly, the early release of the ads is what gets me excited and out there. Wal-Mart is usually at the top of my list to shop BECAUSE I've seen the ad early and can get my game plan together."

 

Simley said Wal-Mart had received a "few" feedback messages from customers about the Black Friday legal notices, though he refused to characterize the nature of the responses.

 

Also, Black Friday Web site fans aren't necessarily the best customers of the retailer anyway, Baker said. "They go to cherry pick a couple things really cheap. That's not going to make a lot of money (for retailers) in the short term or even long term." And though they would say otherwise, the Web masters behind those Black Friday sites are probably "overestimating" the importance of their sites in driving customers to stores, he added.

 

In other words, people are going to shop anyway. So in the long run, even if some customers are displeased, clamping down on its intellectual property is not only Wal-Mart's right, but it likely won't hurt it at the register come the day after Thanksgiving.

 

"This is America, nothing has an effect on shopping," Baker said. "Truly the biggest impact on Black Friday is the weather."

Hey WM, you've received more than a "few" calls and e-mails, and I am not "overestimating" the importance of this site. We're talking almost 2 million unique visitiors in just one week.

[teebee]

Keep the heat turned up people!!! Don't stop.

Thanks Noehlp for compiling all of that info.

Thanks Brad for making it easier to find it all. :)

[conj]

Brad - where is that quoted from?

[Mikesgirl]

I have just finished all my emails and making my calls.

[theboyzmom]

I just don't get it...if THEY have a problem keeping their ad from being leaked, why is that legal basis for anyone who gets it and does whatever with it? Would they sue a reporter who was given the ad early and decides to post the deals in a newspaper article? What if someone got a copy of it and then called everyone they knew and told them all the deals?

 

My opinion is they are looking to sue the wrong people...threaten their own people with lawsuits for leaking...I mean really, their employees are already used to being treated unfairly (this is sarcacism people, no flaming)

 

if they don't want it leaked early, then THEY need to revamp how they do things

 

I think if it gets leaked early, too bad for them, they should have done more or done differently to keep it a secret...you can't pour the spilt milk back in the container, so make sure you don't drop it in the first place!

[Gporter34]

I believe THEY are underestimating the power of BF shoppers. Yes, sales that one day CAN make a difference, especially if their competitors get most of their business. I have made my morning rounds of emails and calls. I will be making more this afternoon. I figure hit'em twice a day!LOL

[Brad]

Brad - where is that quoted from?

It's from an article on CNet today.

[iolcott]

I have been on a few sites that have pledged to post the Wal-Mart ad once it is leaked. I also posted the link to this thread on some of those sites, and urged those members to email/write/call Wal-Mart to support GottaDeal. With enough pressure Wal-Mart will back down, it's inane that Wal-Mart is threatening legal action to suppress information that is meant for broad distribution for public consumption.

 

P.S. I Have mailed Wal-Mart twice, but have not received an answer.

[drmy91]

I cant believe that they would dismiss us like our money doesnt count. And the power of spreading the word. Bzzagent gets paid for us to do it. They will see what happens. I guess this is just more incentive in finding the ad and finding a legal way to let us see it ahead of time.

[Guest bigjhowe]

This is a situation where Wal Mart is well within their rights to file suit if these ads are posted. Those who look at these ads are generally cheap and pick and chose what stores they want to go to. Wal-Mart markets for cheap shoppers but not THAT cheap!

 

I can't believe you guys are calling in all day wasting Wal Marts time and what not with these very unimportant concerns.

[alora7]

I don't know about every BF shopper but the ad is what gets me in the store. I usually buy plenty of things that aren't on sale so saying we only pick up the really cheap stuff is a very bad generalization. I am a bit of an impulse buyer so getting me in the store on the one day a year I am supposed to spend money would be really good for them. The way they set up the pallets forces you to walk around the store instead of going straight to the item you want. While searching for the pallets I almost always find something else I want or "need" and pick it up along the way. I really don't think the leaked ad affects the prices at other stores as much as they would have us think. Walmart's ad got posted 3 or 4 weeks early, along with a slew of other stores which means all of those stores already had their ads printed. I guess they could do a quick adjustment but getting new ads to everybody early enough would probably prove too difficult. I know I'll be driving an hour away to go to Target and the mall instead of spending my morning at Walmart. They can kiss my money good-bye.

[Brad]

This is a situation where Wal Mart is well within their rights to file suit if these ads are posted. Those who look at these ads are generally cheap and pick and chose what stores they want to go to. Wal-Mart markets for cheap shoppers but not THAT cheap!

 

I can't believe you guys are calling in all day wasting Wal Marts time and what not with these very unimportant concerns.

Another uninformed WM lackey, lol. Too bad the ad will be released, and if I receive it, it will be posted - probably not on GD, but somewhere else :)

[phildeal]

MY RESPONSE TO WALMART:

Being a Merchant that specializes in competative pricing, you should be able to to appreciate a website that promotes good deals, and be honored that you are included in their promoting of the best deal merchants on the web. And not condoning it. Is it really worth the bad PR? Practice what you preach and stand behind it!

[Mikesgirl]

Thank You for the new email addy. i sent to him along with the others we already had. Will make more calls after my phone charges again...

[krissy72]

I went to Walmart last year on BF. It was my last stop. Went in to get a couple of their last minute sale items (that, by the way, I only knew about because of this site) and probably would have looked around more but those last minute sale items never even came into the store I was at so I left.

 

And because I don't get the sale flyers in my area for Walmart, every Sunday I went through the flyers of the stores that bother to put flyers in the paper and once a week I went Christmas Shopping at those stores. I don't even remember buying anything at Walmart last Christmas.

[jerseygurl]

I didnt shop there last year because they dropped the ball on deals and they just made it even easier not to shop there again this year.

 

Brad- count me in, I emailed and am trying to call them now.

 

I just became a very loyal Target shopper!!!

[conj]

This is a situation where Wal Mart is well within their rights to file suit if these ads are posted. Those who look at these ads are generally cheap and pick and chose what stores they want to go to. Wal-Mart markets for cheap shoppers but not THAT cheap!

 

I can't believe you guys are calling in all day wasting Wal Marts time and what not with these very unimportant concerns.

sure they have a right to bring suit- but not an obligation! I will go to one store rather than 4 which not only brings my money to them (although, yes, I buy loss leaders) I will buy other things as well - and I WON't Spend my Money at their competitors.

[Mikesgirl]

well after emailing them and calling for 5 days i finally got an emailed response..

 

Dear

 

 

 

In the past, certain websites have posted seasonal promotion advertising from Wal-Mart -- and many other retailers -- without authorization. Because these websites have not respected copyright protections and other laws, we have reminded them of their obligations under the law. Customers will be able to find the Black Friday Wal-Mart specials on walmart.com beginning Nov.19th.

 

 

 

Thank you,

 

Customer Relations

 

[dmmiller]

This is a situation where Wal Mart is well within their rights to file suit if these ads are posted. Those who look at these ads are generally cheap and pick and chose what stores they want to go to. Wal-Mart markets for cheap shoppers but not THAT cheap!

 

I can't believe you guys are calling in all day wasting Wal Marts time and what not with these very unimportant concerns.

I personally dont see what wrong with picking and choosing what/where we want to buy.

We're trying to make out dollars stretch as far as they can go and if I have to go to

5 different stores that day, so be it.

Having a family of 5, I have to watch where our money goes.

I refuse to buy things in one store, out of convenience.

[krissy72]

I would very much like to see the ad..... so I can price match at other stores. Unless it's all crap like last year.