Oklahoma grocer Super H filed a lawsuit against Wal-Mart Stores for using a scanner to collect barcode data from products on Super H’s shelves.
The suit, filed in Osage County District Court on June 13, alleges that Wal-Mart sent workers into Super H to check prices as Wal-Mart readies to open a supercenter nearby in August.
Super H isn’t worried about the price information; its real concern is other data the scanner may have captured, such as inventory and wholesale price. “We’re trying to get [the scanner] back and find out what’s in there,” said Super H manager Greg McNeil.
Police confiscated the scanner and still have it; a county judge granted Super H’s request that the scanner not be returned to Wal-Mart.
Skiatook, OK-based Super H is a single, independent store.
It’s not uncommon for retailers to check competitors’ prices. The real question in this case is whether a scanner can capture proprietary data.
“We think we did nothing wrong. This person was simply shopping that store as retailers typically do to be sure our prices were comparable,” said Marty Heires, Wal-Mart senior communications manager.
“Wal-Mart’s goal is to be the low price leader in every community we serve,” Heires added. “It is not uncommon for retailers, including Wal-Mart, to check prices of comparable items at other retailers in town. In fact, on the day that the alleged incident occurred, Super H also visited Wal-Mart to compare prices. Wal-Mart’s policy is to comply with the law in every community we serve. Wal-Mart did not violate the law, and we will vigorously defend our company against this lawsuit.”
This isn’t the first suit against Wal-Mart for allegedly stealing information. Crest Foods, Edmond, OK, filed a similar suit in federal court in 2000, charging Wal-Mart with predatory pricing. Crest and Wal-Mart agreed to dismiss that suit, per news reports.
