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Walmart addresses concerns over pricing practices

The retail powerhouse has responded to activist criticisms by assuring the public that it will not employ, nor renew, the disputed patent tied to individualized and dynamic pricing methods.

Walmart issued a strong denial following allegations from Groundwork Collaborative, asserting that its pricing approach does not—and will not—leverage digital shelf technologies or customer data to tailor prices at checkout. Dan Bartlett, the company’s executive vice president of corporate affairs, sent a letter this Monday to Lindsay Owens, Groundwork’s President and CEO, urging the group to rectify what he labeled as significant inaccuracies about Walmart’s pricing operations.

Retailer Refutes Use of Dynamic Pricing Capabilities

Bartlett’s communication addressed Owens’s comments, arguing they gave the false impression that Walmart makes use of developing technologies, individual customer details, or even elements such as weather patterns to adjust pricing. He wrote, “Your account does not accurately describe our practices or our plans,” and reinforced that digital shelf labels are not—and will not be—used by Walmart for dynamic or individualized pricing.

Groundwork Collaborative had spotlighted a report analyzing a cluster of Walmart technology patents believed by the group to signal aggressive pricing innovation. A major example is US Patent No. 11687872B2, granted in 2023, which outlines systems for remotely adjusting prices on electronic shelf labels and references the ability to do so “in a dynamic fashion” based on the contents of a scan-and-go shopper’s cart.

Responding to these concerns, a Walmart spokesperson distinguished between hypothetical and actual company practices, stating, “A patent isn’t a plan. A digital shelf label isn’t a pricing strategy. This patent describes a possible use of technology; Walmart does not use, and will not use, digital shelf labels to change prices based on what’s in a shopper’s cart, who they are or the time of day. The patent has issued, but we will not use it or renew it.” According to official documentation, the patent will expire in April 2039.

Ongoing Dispute Between Advocacy Group and Walmart

After receiving Bartlett’s letter, Lindsay Owens issued a reply defending her organization’s stance and claiming Walmart’s communications to various audiences—including customers, investors, and government agencies—are inconsistent regarding intended uses for its technology. She commented in a statement Monday, “Walmart says one thing in its damage-control letters to customers, another to its investors behind closed doors, and a different thing entirely to the United States Patent and Trademark Office.”

In their co-authored report, Owens and Elizabeth Pancotti from Groundwork Collaborative argued that large corporations do not invest resources and hire specialists to create and patent technologies purely for them never to be deployed. The group expressed skepticism regarding Walmart’s assurance that this technology would not impact pricing at its stores or online channels.

Reiterating his position in the letter, Bartlett stated “a patent describes an invention and potential capabilities”; it does not reflect Walmart’s current programs or future commitments. He further emphasized that these systems have not been implemented—neither in-store nor online.

Regulator Scrutiny and Industry Trends

Regulators have been paying greater attention to personalized and dynamic pricing, where computation adjusts pricing based on buyer profiles or real-time behaviors. In recent developments, the Federal Trade Commission (FTC) launched reviews of these practices due to rising concerns about consumer privacy and equity. Also, Maryland has enacted the first ban in the country on price manipulation made possible by surveillance-based technology.

These debates have cast fresh attention on Walmart’s promise of low prices at a time when observers are questioning its consistency. Ari Lightman, a professor from Carnegie Mellon University’s Heinz College, remarked that the chain’s historic “everyday low pricing” strategy doesn’t fit well with shifting prices dynamically. “Walmart has been known for the longest period of time for everyday low pricing. Which doesn’t lend itself well to the idea of dynamic pricing,” he observed.

Official Company Stances and the Continuing Discussion

A few days before this recent correspondence, CEO John Furner addressed concerns in a statement by clarifying that in-store prices are consistent and determined by the product, not the shopper. The larger conversation about how leading retailers might utilize data and technological advances for pricing shows no signs of slowing as both regulators and consumer advocates continue to watch closely.

Walmart has maintained that, despite possessing the relevant technology, it will not implement or seek renewal for patents that could facilitate individualized pricing tactics or digital shelf-based price changes tied to personal shopper information.