Black Friday Ads - Cease & Desist Tally So-Far: 5 - The Official Black Friday 2008 Website

November 5, 2008

Cease & Desist Tally So-Far: 5

Cease & Desist orders are something that we have to deal with every year and 2008 is no exception. There are only two positives to this year's trend of C&Ds, the first is that the language of them, for the most part, has been a lot less hostile, the second is that all of the companies sending us C&Ds are repeat offenders.

Here is the list of retailers that have sent us Cease & Desist notices:

1. Walmart - View Walmart's Cease & Desist Letter
Same deal as last year, we were sent a preemptive letter saying that we now have prior knowledge that Walmart's Black Friday advertisements are not to be released to the general public before Monday, November 24th (4 days before Black Friday). Therefore, whether or not the Walmart ad is leaked before November 24th, we can and will not post it.

2. Sears - View Sears's Cease & Desist Letter
Sears has sent us Cease & Desist notices in the past, but this year is different. Upon further correspondence with Sears, we are only legally required to remove the Sears advertisement scan and any images derived from the advertisement scan. The text listings, available here, are allowed to remain posted. This is in spite of a Sears' Press Release (that was released the same day their Black Friday advertisement leaked). We apparently released the advertisements earlier than Sears wanted, although they do have plans to "leak" their sales prior to Black Friday.

3. Big Lots - View Big Lot's Cease & Desist Letter
These guys are jokers, we're not even going to bother posting the Big Lots advertisement this year. Last year, Big Lots told us to take down our archived 2006 Big Lots advertisements because they weren't intended to be released yet. Apparently they didn't realize that the 2006 advertisement was at the time, a year old.

4. Macy's - View Macy's Cease & Desist Letter
This Cease & Desist is similar to Walmart's, except it doesn't seem like Macy's knows exactly what they want to do. We are not allowed to post their Black Friday advertisement, but they might change their mind and want us to post it. They'll keep us updated.

5. Ace Hardware - View Ace Hardware's Cease & Desist Letter
Because Ace's advertisement scan was leaked all the way back in August, and their leaked 2007 advertisement was slightly different than the final 2007 advertisement, we understand Ace's position. We also appreciate the promise of providing us with a finalized advertisement in early November.

BONUS. Office Depot - View the 2005-2007 lawsuit between myself and Office Depot
We never will post anything related to Office Depot. Nothing. Ever. Why? Because in 2005, after complying with a Cease & Desist within the stated time period, their litigation attorney, (who sent the C&D) still initiated a lawsuit against BFAds and myself. You can view the lawsuit here at the Palm Beach County Clerk website. I was never served, never had to appear in court and the lawsuit was eventually dismissed (a year later) without me having to do anything. In fact, I never would have even known of this lawsuit unless I hadn't read about it in a Palm Beach newspaper article. None-the-less, considering the volatile temperament of the people working in the Office Depot legal department, we're not going to tempt fate again.

tags: walmart, sears, office depot, macys, big lots, ace hardware

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the4kozs at 11/05/08 06:00am

I agree with you on Office Depot. It is really sad they did that. That will discourage alot of shoppers. They don't have all that much that someone else will have too.

jackson7_2008 at 11/05/08 06:06am

I guess I just think that these companies are being so dumb when it comes to these things I mean come on really............they are going to make money either way right? People are going to shop where they want no matter what & not only that but most retailers will comp competitors ads for that morning. But oh well someone has to have something to gripe about!! :) :)

rhende77 at 11/05/08 06:07am

Do these companies not realize how much money this is losing them! I personally never wait till 4 days before to make out my list and plan my schedule. I know alot of other people who plan ahead and the stores with the C&D will not be getting our business. I really try to avoid those stores year round because they don't care about their customers.

AggieCEO at 11/05/08 06:21am

Big Lots & Ace???

REALLY????

LMAO!!!!!!!!!

is it THAT serious??

trishabalmer at 11/05/08 06:51am

I totally agree. I think the businesses that send the C&D's are being stupid. Well, and a couple of them shouldn't worry about sending them because no one wants to go to their stores anyway... I for one, will NOT shop at the stores who sent the letters. I want more time to plan my day. And if they don't want my business, so be it.

maitresaman at 11/05/08 07:47am

Don't worry, when these companies lose millions this year, especially in the economic state we are in, they will realize (hopefully) that leaked ads only help them.

duchess6797 at 11/05/08 08:14am

I have been receiving your emails for about three years and I love them!! I can't Thank You enough for all the hard work you put into this. If the companies don't want to participate then it's their loss. I shop on BF off of your website and if they don't post their add or want to get ugly about it then I just don't shop there!!! Don't let a few ugly companies keep you down, it just shows what they're really made of!!! Keep up the fantastic work!!

duchess6797 at 11/05/08 08:15am

pamiller at 11/05/08 08:32am

I also want to thank you for all your hard work in sending out these great informative emails. I used all that great information last year and got some amazing deals. Thank you! Yes, i agree with the other posts - it is these companies loss for not working with you. You would think they would want the business!! Well, they probably won't get it, as we will all be busy on Black Friday checking out the other business' deals that you have posted on your site! Again - THANK YOU FOR YOUR ALL YOUR HARD WORK!!

dhillinmkewi at 11/05/08 08:39am

Since BFADS seeks only to "educate" the public on the plethora of offers to come, one can only imagine a reasonable and substantial argument by your attorney(s) that could be made of the FAIR AND FREE USE of copyrighted material for educational purposes.

Kepe up the good work!

dy725 at 11/05/08 08:50am

I personally believe with the economy the way it currently is, companies would want the extra advantage of our being able to plan and dedicate our purchase at that retailer. Fr example I have multiple items that I was going to just grab at best buy, however they are on sale on black friday so I will wait, therefore having more money to spend on black friday, at the locations I am at for the great deals, not those who refuse us the benefit of an early look. I have my list and those whom you can't post the ad for ...well they just are not on it, now are they. Welcome to a less than anticipated 4th quarter to all of you, my money goes to those ads retailers I see and can plan ahead of time. Can't imagine the issue they would have with free advertising.

BigDaddy at 11/05/08 09:21am

I do understand some of the stores not wanting their ads posted beforehand. i.e Sears with the TV discounted plus the 15% difference extra piled on top. Now if everybody did that, Sears would not be in business that long or would change their policy real quick.
As a consumer, show me the ads!

spidey254 at 11/05/08 10:12am

I love the website. I have been looking at this webpage for the last couple years and it is awesome. The only thing that spoils this awesome webpage are the stupid C&D companies that this website is trying to promote. Why would these companies knock the 'free advertising'???

How can these companies be soo stupid???? Why would you not want the public to know more than (4) days ahead of black Friday what the sales are going to be? Is the economy that strong for them not to be takin advantage of this wonderful website to help gain sales? Has these companies lost sight about how important the consumers are to be in the black this year? Again, how stupid can they be? If a retailer has to retract their ad because now the public has knowledge of a better deal than theirs, then they should have offered a more competitive price in the first place. Again, its more free marketing information that is at their disposal, but again they all want to be hush-hush.

I am thankful that bfads.net is still doing what they can to post these deals at whatever retailers are still left.

theresa333 at 11/05/08 10:12am

These companies are crazy for doing this. I personally NEVER, and I mean EVER go out on Black Friday cause I dont have time to scan all the ads in one day and make lists etc. Because I found this site this year I've already planned on doing serious shopping. Too bad for Macy's etal that it will in the stores BFAds posts early ads for.

tlizzi03 at 11/05/08 10:17am

This is the only place Myself and the rest of my family goes to get their shopping list prepaired, and if a stores information is not on here, you better believe I will never hunt down their information and go to their store on BF. Last year because of this Site I was Able to Buy a SONY Viao laptop on thanksgiving day for under 600 at comp usa. Some of the Pre-Black friday sales are worth shopping for, but my big ticket items I always wait. Alot of people in the Philadelphia Area will becoming to this site thanks to a News station promoting it on their consumer alert. So I can almost gaurentee Those stores in this area will be losing ALOT of business!

dacia at 11/05/08 10:27am

This is the first I have heard about this. I am looking at the 52 in samsung 2099.99 on bf. And then there is an additional 15% off? Can anyone clarify or show me where that came from Sears? thanks!

Lynda6260 at 11/05/08 10:42am

I can understand a retailer not wanting it's ad posted on BF until the ad is final. I'm sure all retailers have their ads finalized at least by the weekend before Thanksgiving. Not allowing the ad to be posted once it is final is a mistake and those retailers that stick to that policy will, no doubt, pay the consequences. They are bound to lose out on the benefits of pre-BF planning. As an extra bonus some retailers, i.e., Best Buy, post their ads early, then allow on-line BF shopping. I scored a great deal on a digital camera last year, and did my shopping on BF, on my home computer, in my pajamas. Can't beat that.

mariah10 at 11/05/08 10:58am

Not sure - there might be a 15% off discount going on now or something. Or you have to read the fine print - often it gives you 10-20% IF you 1; apply for a credit card, or 2; USE your current card.

Sears does have a 'match' guarantee, but I think it's 10% - not 15%.

On top of that, I guarantee that they will NOT price match other BF ads. I know for sure that Best Buy does not.

On top of that, they do NOT give rainchecks on anything that day. That is all the stores that I know of or go to as well - Walmart (which never gives them anyway); Kmart, Sears, Penneys, Kohls, etc.

stereo55 at 11/05/08 11:09am

Well these companies are off my shopping list with no pre-ad deals . I want to same time , gas and $$$ for my holiday shopping , and if these listed companies are not willing to help me ....well then I wont bother helping them . My $$$ will be spent elswhere .

astchar at 11/05/08 11:12am

I guess I can understand that the above retailers do not want their BF sale prices leaked beforehand in order to swindle the poor schmuck who wants his TV [or insert other item] now and hasn't a clue to wait for BF sales. Note to the Retailers: serious shoppers aren't stupid. We will wait for BF to make our mass purchases and if your marketing team, lawyers, etc. doesn't want your information posted for us to plan ahead, well, you will lose out. It is as simple as that. Kudos to bfads.net!! I love this place!
~Eastern PA Shopper

sanderson66 at 11/05/08 11:54am

I'm not sure what the big deal is about bf ads. Aren't these the same ads that are in the newspapers on Thanksgiving day? I do appreciate the Before bf ads however.

yjuarez at 11/05/08 12:59pm

Thank you for having this site! As other have said, it helps us out. I get to see the ads before thanksgiving and get some idea of whether things are really on sale or just on 'sale'. If I had to wait until Thanks - I could still go online to look things up, but it would cut into the holiday with the family!
And C&D Orders? You would think they would be happy to get Free advertisement and only correct you when something is posted wrong.

twojeoczko at 11/05/08 02:18pm

HAHAHAHA @ BIG LOTS!!

smartshopper562 at 11/05/08 06:11pm

screw office depot, who shop there anyway?!? i can see office depot to be another chain to fail in the near future.

ksw-ia at 11/05/08 06:29pm

Who cares about Big Lots there stores here are filthy!

GAGNIK at 11/05/08 07:05pm

I KNOW THAT I NEED TO PLAN MY BF SHOPPING DAY AND WITHOUT THE ADS I WILL NOT BE TREKKING MYSELF OUT AT THE CRACK OF DAWN TO ANY STORE WITHOUT KNOWING WHAT THE ARE OFFERING. I CAN SPEND MY $$ ELSEWHERE.

Alias33 at 11/05/08 07:38pm

Office Depot sucks... They have made a mountain out of a mole hill with that 2005 C&D order. Big deal anyway who cares. Like I am so worried that was not gonna be to stay out all night on Thanksgiving Day and before to be able to get my pencils for .10 on BF. LOL!!! Good GOSH OFFICE DEPOT, GET A LIFE!!!

hamulcahy at 11/05/08 07:56pm

Keep up the good work. I only shop those ads that I find on your site. I think it is amusing the action Office Depot has taken towards you, but don't worry, they will be out of business in no time. I would think with the economy, businesses would be thankful for the free advertising they are getting from you, and I am sure that after BF, some will wish they had allowed you to post their ads. LOL!!! You are definitely the go to source. Thanks again!!

toycruiser71 at 11/05/08 11:37pm

To any marketing genius working for the stores filing the c and d orders.......go back to your boss and tell them to save the attorney fees and realize you are reaping the rewards of a whole lot of free advertisement by allowing the ad to stay. The people checking the info on this site are budget minded power shoppers and will spend a lot of hard earned money in one day. I for one will have to plan out my BF shopping trip days in advance so I can budget and very much appreciate the info on this site. I will not go into a store on BF blind, it is too hectic. Soooo...no ad here, no shopping that store.

TishyBaby at 11/06/08 05:49am

Evidently, illiteracy is a problem for the folks at Big Lots as well as their attorneys if they wanted the PREVIOUS year's ads taken down. Office Depot has a reputation for bait-and-switch when it comes to advertised specials, so I try not to shop there at all.

Having worked for an attorney before and having dealt with many in my work since, let me state up front that not all attorneys graduated at the top of their class. Since you were never served with any papers, the suit was probably filed in error by the an assistant or paralegal. We have an attorney that takes care of foreclosures for us at my job and several times, despite the fact that we have notified them IN WRITING that a person has signed a deed over to us in lieu of the foreclosure, they have gone ahead with the foreclosure anyway. Obviously, an inability to read or to comprehend what they have received in writing led to this. It only necessitated further paperwork to clear up the mess.

In any case, keep up the good work! If a company doesn't want a little free advertising, they are the big losers, especially this holiday season when there is so little business to find!

cricketanne98 at 11/07/08 08:36am

SEARS... IT'S A SHAME YOU HAVE THIS ATTITUDE, ESPECIALLY SINCE YOUR STORES ARE NOT DOING WELL. MAYBE YOUR TOP EXECUTIVES SHOULD START LOOKING AT NEW WAYS TO SAVE YOUR COMPANY. THIS MIGHT BE A NEW, FRESH START FOR YOU ALL!

cricketanne98 at 11/07/08 08:39am

OFFICE DEPOT'S NORMAL PRICES ARE NOT COMPETITIVE, WHY NOT GET SOME FREE ADVERTISING THROUGH THIS SITE?? I have checked their prices on many items in their stores and I honestly can find the same items at a much reduced price elsewhere.

NinaK at 11/07/08 12:13pm

I sure would have liked to shop at Office Depot but will not be doing so after reading about the C&D. It sure is a shame because so many will not shop with them because of the negativity and predictions of the economy aren't showing any rewards this year either. I make my shopping list straight from BFAD's and because Office Depot didn't treat my resource kindly, I will no longer shop with them.

inhumans99 at 11/09/08 04:48pm

Highlighting pre-black Friday deals from Best Buy, and other retailers is cool...but when are we going to get scans of BBs BF flyer? I could have sworn that at this same time last year I was already drooling over many of the Best Buy BF deals I hoped to snag. I also seem to remember drooling over Circuit City's. I think the lawyers are doing a good job of preventing BF ad leaks this year, which...sigh, sucks big time.

Also a bit shocked at lack of ad scans, because with the economy being what it is, I would think it would be to the advantage of many retailers to get folks pumped up about what stores they want to hit, and creating a list of desired items worth standing in line for.

Of course, I could be wrong, and have rose colored glasses on as far as when ad scans posted to the internet last year, maybe I was only drooling for 2 weeks before BF, not 3.

Anonymous at 11/09/08 08:43pm

f77126 at 11/22/08 03:15am

In here I really want to say sorry to Dan that I did not pay attention to this part of the C&D so I sent him this year's office depot advertise. This is really a shame on office depot, I will never shop there again ever.

darlynd at 11/29/08 10:22am

What is most baffling to me is that in today's economic temperature (rising and falling as the wind blows) one would take thought that any FREE advertising is good advertising. If the concern is that one retailer will offer a better deal on a specific product than a competitor and that by BFAds communicating price strategies to the competitor, the competitor may have time to make price changes, realistically, unless it is a really big ticket item that the manufacturer is offering to all retailers, then offer the same price online with no shipping. More and more people are looking to purchase online and if they are finding out about the pricing prior to BF, then the retailer will probably sell out online, lowering their brick and mortar overhead.

On a side note - I always have preferred Staples. :-)