Migliaccio & Rathod LLP is investigating whether Kroger uses customers’ purchase histories, spending patterns, or other personal information to determine individualized discounts, promotional offers, or spending thresholds.
Kroger’s loyalty ecosystem reportedly generates detailed customer profiles and uses consumer information to segment shoppers and provide individualized promotions. Consumer reports also indicate that Kroger customers may receive different personalized “spend $X and save $Y” offers, with spending requirements potentially varying among customers.
Personalized coupons are not necessarily improper merely because different shoppers receive different offers. Migliaccio & Rathod is investigating whether Kroger uses an individual customer’s historical purchasing behavior to determine how much that customer must spend or how large a discount the customer receives, without adequately disclosing how personal information influences those terms.
Of particular interest are situations where frequent or higher-spending customers receive higher spending thresholds, smaller discounts, or otherwise less favorable offers because their past behavior indicates they may be willing to pay more.
Consumers May Have Experienced:
- Receiving Kroger coupons or promotions personalized to their shopping history;
- Receiving individualized “spend $X and save $Y” promotions;
- Receiving a different spending threshold than another Kroger customer;
- Seeing discounts change after their shopping or spending habits changed;
- Receiving smaller discounts on products they frequently purchase; or
- Paying a higher net price than another customer for the same products.
Potential Claims May Include:
- Failure to adequately disclose the use of personal information in determining economic offers;
- Misleading presentation of individualized discounts or spending thresholds;
- Unfair or deceptive trade practices;
- False or misleading promotional pricing;
- Unjust enrichment; and
- Violations of applicable state consumer-protection laws.
Signs You May Be Affected:
- You participate or participated in a Kroger loyalty program;
- You regularly received personalized digital coupons or promotions;
- You received individualized spending-threshold offers;
- Another Kroger customer received a more favorable offer than you;
- Your offers appeared to change according to your purchasing behavior; or
- You have screenshots or records showing different offers between Kroger accounts.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.