Migliaccio & Rathod LLP is investigating whether Revionics pricing technology is used by retailers to determine individualized prices, discounts, promotions, or other economic terms using consumers’ purchasing histories or other personal information.
Revionics is among the pricing intermediaries operating in the retail-pricing ecosystem. The materials reviewed for this investigation identify Revionics among companies associated with sophisticated retail price, markdown, and promotional optimization technology.
The Federal Trade Commission has investigated pricing intermediaries as part of its broader examination of surveillance pricing. According to the research reviewed, the intermediaries examined by the FTC collectively served more than 250 clients and could potentially use information ranging from purchasing history and location to browsing activity, cart abandonment, and mouse movements.
Migliaccio & Rathod is investigating whether Revionics or similar pricing technology goes beyond optimizing prices and promotions at the store or market level and instead uses identifiable consumer information to help calculate the particular economic offer shown to an individual shopper.
The investigation is particularly focused on whether a pricing system may predict how much an individual consumer is willing to pay and use that prediction to provide that consumer with a smaller discount, higher promotional price, or less favorable offer.
The available information does not establish that Revionics currently uses individual-level consumer information to calculate individualized grocery prices. The purpose of this investigation is to determine whether consumers and retail employees have encountered evidence of such practices.
Consumers May Have Experienced:
- Receiving different digital discounts than another shopper for the same product;
- Receiving personalized promotions based on previous purchases;
- Seeing individualized spending thresholds or promotional terms;
- Receiving smaller discounts on products they regularly purchase;
- Paying a different net price than another customer shopping at the same retailer; or
- Seeing promotional prices vary between loyalty accounts under otherwise comparable circumstances.
Potential Claims May Include:
If individualized pricing based on personal information is established, potential claims may include:
- Participation in undisclosed individualized pricing practices;
- Failure to adequately disclose the use of consumer information in determining economic offers;
- 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 regularly use a grocery retailer’s loyalty or rewards program;
- You have received individualized coupons, discounts, or spending thresholds;
- You compared your offers with another shopper and found materially different economic terms;
- Your purchasing behavior appeared to affect the value of discounts you received;
- You have screenshots showing different offers for the same products under comparable circumstances; or
- You worked with retail pricing or promotion systems and have knowledge of individualized customer-level pricing practices.
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.