Walmart denies using dynamic pricing despite patent filings

Walmart has pushed back against claims that it uses technology to adjust prices based on customer data, weather, or shopping habits. In a letter to Groundwork Collaborative, a consumer advocacy group, Walmart’s executive vice president of corporate affairs, Dan Bartlett, accused the organization of spreading misleading information about the retailer’s pricing practices.

The dispute centers on Walmart’s use of digital shelf labels and patents related to dynamic pricing. Groundwork Collaborative released a report citing several Walmart patents, including one granted in 2023 that describes remote control of electronic shelf labels. The patent suggests prices could change dynamically based on a shopper’s cart, though Walmart insists this capability is not in use.

“A patent isn’t a plan,” a Walmart spokesperson clarified. “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’s expiration date is set for April 2039, but Walmart says it has no intention of implementing such pricing methods.

Groundwork Collaborative’s report argues that Walmart’s investments in patented technology indicate a broader strategy to personalize pricing. Lindsay Owens, the group’s president and CEO, countered Walmart’s claims by pointing to inconsistencies in the retailer’s public statements. “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,” she said.

“Your account does not accurately describe our practices or our plans,” he wrote, rejecting suggestions that Walmart adjusts prices based on personal data or external factors.

Regulatory scrutiny of personalized pricing has intensified in recent months.

CEO John Furner addressed the issue last week, stating that Walmart prices “the product, not the person.” The statement did not directly reference Groundwork Collaborative but aimed to reassure customers that individualized pricing is not part of its operations. Still, the advocacy group’s report suggests Walmart’s actions may not align with its public messaging.

Walmart’s Patent Filings and Allegations of Dynamic Pricing Strategy

The patent in question remains active until April 2039, with Walmart stating it has no plans to implement the described technology.