As Safer-at-Home Restrictions Begin to Ease, it’s Time for Retailers to Refine Their Omnichannel Strategies
The term “omnichannel” describes a phenomenon where customers experience each of a company’s different sales and marketing channels in a unified fashion. An omnichannel strategy is a plan of action designed to optimize performance by creating a seamless customer experience across all channels and customer touchpoints, from brick-and-mortar to online and mobile web browsing. Successful omnichannel strategies provide customers with flexibility to move fluidly between channels and interact with companies through multiple touchpoints (e.g., customers may research a product online but prefer to purchase the product in person, or vice versa). And with more consumers shopping from home for curbside pickup or on-demand delivery, a shift toward an omnichannel framework for retailers is more important than ever.
As of May 20, all 50 states had begun to ease their safer-at-home restrictions. However, the degree to which each state, as well as the counties in those states, will “re-open” varies drastically. For example, South Carolina let amusement parks, water parks, mini-golf and similar attractions reopen in time for Memorial Day weekend. In Kentucky, gift shops were allowed to open. Across Alaska, bars, restaurants and gyms (many of which had already been seeing customers for weeks) are preparing to return to full capacity.
On the other side of the spectrum, some states and counties are taking a slower approach. For example, retailers in Los Angeles County, California were originally banned from letting customers in their stores and were only permitted to operate delivery and curbside pickup. However, as of May 27, Los Angeles retailers that adopt the county’s safety protocols will be allowed to operate at 50 percent customer capacity. While this comes as much-needed relief for many small businesses in Los Angeles, many retailers remain without a clear path to recovery.
These varying restrictions across the country, combined with the uncertainty of future restrictions, underscore the importance of implementing a refined omnichannel strategy for retail establishments looking to legally, efficiently and seamlessly fulfill their customers’ needs.
Strong omnichannel strategies for retailers should focus on providing a fluid customer experience throughout all stages of our country’s reopening. A key component of this is a strong digital presence. Until every state and county are given the green light to fully reopen, retailers across all verticals will need to lean on their online marketing strategies to get them through these difficult times. Accordingly, retailers should polish their websites and update their product listings to keep consumers up-to-date with their latest offerings. Social media advertisements should be used. If implemented successfully, these online sales may mitigate some of the losses to traditional brick-and-mortar stores.
Retailers should also reassess their customer loyalty programs, and not only with respect to perks or points for purchases. Establishing cashier-less checkouts where practical, publicizing the safety measures you recently implemented, and/or making return policies and procedures more flexible are just few ways to show your customers that you care about their safety and well-being, and that your business is fully prepared to meet their needs regardless of current challenges.
Retailers should also commit to refining their logistics operations, with the goal of establishing complementary inventory, order placement and order fulfillment protocols that take advantage of eased safer-at-home restrictions, where applicable. For example, retailers with storefronts, warehouses and/or manufacturing sites in different states or counties should develop plans that coordinate and utilize the strengths of certain segments to overcome their individual weaknesses. If your warehouse workers in one county aren't allowed to go back to work, your storefront in a different county may be able help fulfill some of those online orders. Identifying and optimizing these complementary relationships between retail segments and channels will prove vital to retailers across the country.
However, with all new or refined endeavors come risks, including with respect to consumer privacy and fair and nondeceptive advertising in the Internet of Things.
Ana Tagvoryan is a partner and Dustin Moaven is an associate at Blank Rome, a law firm with 14 offices and more than 600 attorneys and principals who provide comprehensive legal and advocacy services to clients operating in the United States and around the world.
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Ana Tagvoryan is a high-stakes corporate litigator with almost two decades of experience advising, counseling, and defending business clients in consumer-facing litigation and enforcement actions in state and federal courts across the nation. Her complex corporate litigation and compliance-related practice focuses on current issues presented for clients with consumer-facing businesses in retail, media, hospitality, technology, banking, and food & beverage. Ana’s nationwide practice routinely involves solving issues and defending claims related to consumer fraud, advertising, labeling, data privacy, cybersecurity, online and mobile marketing, pricing, and related intra- and inter-state commerce and e-commerce issues.
Ana is also the chair of the Privacy Class Action Defense group, which handles privacy-related cases involving wiretapping, data breaches, biometrics, telemarketing, call recording, data handling and sharing, and other consumer privacy matters. In addition, Ana’s team routinely litigates the ever-changing wave of claims dealing with auto-renewing subscription offers, e-commerce business practices, and federal & state consumer protection laws.
Ana serves as a trusted adviser and business partner to many clients who operate consumer-facing businesses. With regard to both mitigation of risk and litigation of claims, Ana’s clients regard her as strategic and creative; they trust her commonsense approach to problem-solving and appreciate her professional dedication.
Litigation
Ana has a reputable track record for successfully defeating threatened and actual claims at every stage of litigation. She has succeeded in bringing early dispositive issues before the courts and saving costs associated with discovery, and is skilled in early and efficient dispute resolution, including mediation and class action settlements. Ana and her team have secured orders of affirmation or reversal from Courts of Appeals and the U.S. Supreme Court on key issues and defenses on behalf of various companies, making precedent and good law in jurisdictions across the nation.
Ana has extensive experience with state and federal consumer protection statutes, such as: California and related states’ Unfair Competition Law, False Advertising Act, Consumer Legal Remedies Act, Invasion of Privacy Act, Consumer Privacy Rights Act, and Automatic Renewal Law; and federal statutes including the Federal Wiretap Act, Telephone Consumer Protection Act (“TCPA”), the Fair Credit Reporting Act, Stored Communications Act, Fair and Accurate Credit Transactions Act, Video Privacy and Protection Act, Magnuson-Moss Warranty Act, and U.S. federal and state CAN-SPAM laws. In addition, Ana routinely handles claims under the Illinois Biometric Information Privacy Act, Michigan Privacy Protection Act, Florida Telephone Sales Act, Florida Security of Communications Act, Pennsylvania Wiretapping and Electronic Surveillance Act, and Federal Trade Commission and state agency investigations and claims.
Compliance
Ana’s team routinely advises clients with respect to e-commerce data handling and disclosure practices, data privacy and data breach, and compliance with federal and state consumer laws across various industries, including retail, media, and e-commerce. Her compliance practice includes insight into vendor and software provider licenses and agreements, product labeling, online marketing and advertising, and related issues.
Teaching and Professional Engagements
Ana has served on various legal and professional organizations and lectured extensively on current events facing in-house counsel and business executives. She also regularly writes in leading industry publications concerning consumer protection and litigation trends, compliance insights, and future legislation. (See Publications.) Ana is currently active with the Atlantic Legal Foundation and sits on its advisory board.
Outside the Firm
Ana is an ardent indoor cyclist and coffee enthusiast, always looking for the newest and best trends in the things that help her give her best to her three kids, husband, and clients.
Dustin Moaven is an Associate at Blank Rome, an Am Law 100 firm with 14 offices and more than 600 attorneys and principals who provide comprehensive legal and advocacy services to clients operating in the United States and around the world.
He counsels clients on a wide range of business litigation matters in both state and federal courts.