Legal Threats - Black Friday 2009

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FatWallet Purpose: Serve Consumers
FatWallet Forums Promise: Give consumers a voice.

We routinely get legal threats to remove content from our forums and, most of the time, we don't. You never hear about those times because there's no note left in the forums. When we're legally compelled to remove something at advice of our legal team, we do and leave a note.

Now that we've received a "friendly reminder" from Wal-Mart weeks ago, and a cease and desist from Office Max, we thought it'd be only fair to share their messages with you, and actions taken.

Image #1 from Office Max. We removed the ad scan only.

Image #2 from Wal-Mart. We removed ad scans and links to images only.
Wal-Mart Update: Their rep called and asked us to post their black friday info.



"top secret black friday document"


So, is OM admitting the ad was false and wanted the ad removed because viewers would be highly disappointed with the real ad? And to think, I was actually considering shopping at OM because of the ad. I guess I'll take my business elsewhere.


You need to page CodeName47. Ask him to reply and then please post it.


LOL just post a note and have that person send it straight to you to avoid this mess.


I'm a little bit surprised at their reaction. Even if the sale prices were incorrect (which I doubt they were), OM would still benefit from FatWalleters rushing into the store in search of a particular deal. I fail to see how this could be "confidential information". This is not top CIA facts, we're talking about frigging sale prices. OM is being short-sighted here. The management must not be bright enough to realize that having tons of Fatwalleters looking at your ads and talking about your products thereby creating an interest (where there was none before) is clearly something to be desired. You can't buy that kind of advertisments, especially since it is free. After reading this, I have a bad taste in my mouth and don't feel very inclinded to shop at Office Max anymore. Just my 2 cents worth...


Officemax has had lousy prices ever since they stopped doing rebates and a paper company bought them. I'm surprised they are still in business.


How can someone be guilty of disclosing false information, as OM claims? Either someone is guilty of disclosing true information or someone is guilty of providing false information.


I'm sure this is well known but I think the main reason they try to protect their black Friday sales are to prevent competition from changing their sales to meet or beat them.
Technically, if it's true that it's not legal for an fatwallet to create unfair competition like the threat says than I don't know. I guess fatwallet would run the risk of a lawsuit or something. I really doubt there are specific laws protecting corporations from early distributions of their sales though... In my opinion it's Office Max's responsibility to hire more reliable employees and tighter security or the advertising/printing company would be the ones held responsible.


GOE123 ...... this might be more for you ... but if they ever knew about a "leaked" black friday ad and did nothing the may lose any future suit(S) because they come in with "un-clean hands." I am not a lawyer and i didnt even stay at a Holiday Inn express last night.

GEO ... set me straight please.


If the information turns out to be "accurate", sue officemax?


I dont get it. Letting us know ahead of time helps us prepare what to buy from these stores. There is absolutely no advantage to the stores to withhold the ads. They are just being cry babies.


Btw, Office Max just made it easy to decide which stores to go to. I'm boycotting office max for being a bully. you should too.


In for the boycot.


That's ridiculous. I usually don't shop at OM, but I'll make sure I avoid it like the plague.


bookreader54321 said: In for the boycot.

Me too. Thanks, OM for being ridiculous. Sort of like the time the Church of Scientology started suing websites years ago, ending up with a lot of angry "netzins"


makes sense about competitors beating prices.


1. They want people to PLAN to visit their store on BF. Advanced promotion of the deal allows more time to plan, and possible avoid their "deals".
2. Competition is fierce on BF. Offering the competition weeks (or in this case more than 1 month) notice allows them to respond, and possibly pressure distributors to offer similar deals.
3. Employees, advertising vendors sign secrecy agreements. Identifying (and pluging) the leak is a BIG DEAL - will likely result in terminations and possible legal action.


Releasing Black Friday Doorbusters could hurt current sales, someone waiting an extra month to save that $30


Well, I find it quite interesting that OM states the information is incorrect, but then demands to know where FW got the info. Hmmmm....


dumroo said: If the information turns out to be "accurate", sue officemax?

seriously. if they don't have the deal on the slap chops i'm going to need psychiatric help and will sue them.


I used to buy a ton of stuff from OM, but they closed several stores near me and just don't seem to have any deals anymore.

I can get anything they sell somewhere else cheaper and more conveniently.

So I guess I have been boycotting them for the past several years without even knowing it.

This cease and desist threat just confirms my low opinon of them.

OM Go ahead and go out of business.


jolma said: Officemax has had lousy prices ever since they stopped doing rebates and a paper company bought them. I'm surprised they are still in business.

Who bought them - Dunder Mifflin?


Could hurt their sales, but what's the difference? We're going to plan anyways. If they release it the day before black friday, I'm not going to bother with them. There's really no way to get around this. People want to plan and be civilized so that it's not a chaotic mad house. If they were really worried about hurting sales due to copy cats then be smart and strategic about it, not be a bully adn threaten with legal action against a lone website, they would do what Wal Mart did and have black Friday early and they get the people before the other stores have a chance.


the only reason they want it removed is because the public will see how shitty the deals are and mark them off the list right now.


bippie said: jolma said: Officemax has had lousy prices ever since they stopped doing rebates and a paper company bought them. I'm surprised they are still in business.
Who bought them - Dunder Mifflin?

Sorry for the vague reference. http://en.wikipedia.org/wiki/Officemax Boise Cascade bought them in 2003.

2007 was when they stopped rebates - they promised that "instant discounts" would take their place, but the instant discounts sucked. CNET article Officemax ends mail in rebates


Releasing BF sales ad early really shouldn't matter to these companies because they will price match the competitors price anyway if you bring in the sales ad of the other store. They need to quit whining and realize that posting of their sales ads early is going to matter. We will just take their sales ads to our favorite store and get it there for the same price.


sandipig said: Releasing BF sales ad early really shouldn't matter to these companies because they will price match the competitors price anyway if you bring in the sales ad of the other store. They need to quit whining and realize that posting of their sales ads early is going to matter. We will just take their sales ads to our favorite store and get it there for the same price.

Let me know how PMing a black friday ad works out for you.


PM or not, if the deal sucks, it sucks. Doesnt matter, I'm not going to run to several stores bc each store has a different item for $1 less. If the deal sucks, and nothing I want, I will make the call. If some deals are great, another company isn't or likely isn't to change their entire pricing strategy based on one store. I'm sure they've researched plenty as to what price they will mark.


Stupid. Wrong or right, increasing "buzz" about upcoming sales just brings more people in the doors on the day of the sale - even if items and prices were updated later, the store wouldn't have to honor leaked "unofficial" information.

If anyone did put off buying something until the sale day, so what? They would have either returned the item and bought another one, gotten a price match or didn't want to fight the crowds and didn't wait anyway.

Either they think they are offering good deals or not - and it sounds like not and have no confidence in their sales. Judging by the first thread, few were impressed. If OM had a brain, they'd figure out a way to take advantage of getting early feedback and spice it up for the "REAL ad" later. If the early leaked ads turned out to be inaccurate most of the time, people wouldn't pay much attention to them and it wouldn't make much difference. But that's not the case, is it?

It seems all this does is create bad press and bad feelings for OM. Good stores aren't afraid to compete.

For FW:

1. Did FW turn over who released the early ad?

2. I'd be interested in seeing an on-going legal threat thread, whether action is taken or not. There's a lot of times I'm undecided about which store to buy from, with everything else being equal and anti-consumer FW threats would definitely tip my decision another way (Yeah consumer power!). I bet some of them get pretty funny too.


I love you fatwallet.


I guess I'm going to Staples instead.


dumroo said: If the information turns out to be "accurate", sue officemax?

Yeah, FatWallet lawyers should depose Office Max peeps and ask them item by item if they intended to sell that item at that price on November 27th. If they answer in the negative and those items still end up on sale on Black Friday, they've committed perjury.


I would think that in this kind of economy, retailers would love to get as many exposure as possible. With that kind of attitude, shoppers should block them and see how their bottom line would look like afterward.


du2vye said: aren't afraid to compete.

For FW:

1. Did FW turn over who released the early ad?
2. I'd be interested in seeing an on-going legal threat thread, whether action is taken or not. There's a lot of times I'm undecided about which store to buy from, with everything else being equal and anti-consumer FW threats would definitely tip my decision another way (Yeah consumer power!). I bet some of them get pretty funny too.

i want to know as well...


Don't shop OM if they are going to have that attitude.


1. Did FW turn over who released the early ad?Absolutely not.
2. I'd be interested in seeing an on-going legal threat thread, whether action is taken or not. There's a lot of times I'm undecided about which store to buy from, with everything else being equal and anti-consumer FW threats would definitely tip my decision another way (Yeah consumer power!). I bet some of them get pretty funny too.I will keep this thread updated with any additional legal threats, and our response. (Office Max ad scan was removed, but the list of products and prices remains here.)

We have a history of not folding to retailer pressure, especially when they come after one of our members.

As to this season, we've reviewed an opinion from our legal team. We understand what's safest, and that's not the road we're taking.
Why? Because we're here for and because of you the consumer. It's our obligation to give you a voice.

ETA: "history" link to articles about past battles.


Screw the OfficeMax tools that are protesting the free advertising from FatWallet. If it wasn't for FatWallet, I wouldn't even know their stores exist.


This is just a great reminder of why Fatwallet is among the best of the best.


Skipping 55 Messages...

I love fatwallet because they don't side with the retailers when they bully members and help people like me that are looking for HOT black friday deals!




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