When Friends become Foes: City of Portland vs. the Citizens

City of Portland propping up taxi industry at the expense of consumers.Pick up most any civics textbook, and it’ll contend that one of the purposes of government is to protect the common interests of the citizenry against the forces of corruption and special interests.

The idea is that government regulations can help curb the excesses of unfettered capitalism and help keep the playing field fair for everyone.

Unfortunately, we know from experience that things rarely turn out this way in practice. We have ample proof in the scads of lobbyists and special interest groups that swarm Washington, DC and the state capitals, holding sway over many politicians and the laws they enact.

Public opinion polls by Gallup and others show that the U.S. public sees the federal government as more culpable than state or local governments when it comes to special interests having undue influence over legislation.

But does the reality comport with the perception that “local” is less of a problem?

The latest example showing that this perception may be wrong comes from Portland, Oregon. The city council there has put in place regulations that require limousine and sedan services to charge a $50 minimum for transporting people to and from Portland International Airport … and to charge at least 35% more than taxis for trips to any other destination in the city.

In addition, sedan and limo services cannot pick up customers until at least one hour has elapsed after the customer has called for transportation.

Does anyone seriously believe that these regulations were put in place to benefit the citizenry of Portland … or to foster healthy competition for transportation services? If you believe so, you’re pretty naïve.

In actuality, the Portland city council is just doing the bidding of a small but politically powerful interest group in the city: the taxi industry. Frank Dufray, the administrator for Portland’s Private-for-Hire Transportation Program, says as much:

“The main thing is that you don’t want the Town Cars to take all of the best fares, which are to the airport, and not leave any for the taxi industry. That’s why there’s a minimum fare and a one-hour wait requirement.”

Basically, this is tantamount to stifling fair competition and protecting market share for the taxi industry by government fiat.

It gets worse: “Daily deal” companies like Group and LivingSocial have become a very popular way for local business to gain new customers by offering limited-time special offers that allow consumers to purchase goods and services at a discounted price. But when two Portland-area companies offered their chauffeur services at a discounted rate through Groupon last year, the city of Portland responded by assessing fines on every Groupon deal sold by these firms.

And these weren’t just “nuisance” fines. They totaled $259,500 for Fiesta Limousine and a whopping $635,500 for Towncar.com!

Rather than risk going bankrupt, these two companies did the only thing they could from a practical standpoint; they refunded all of the proceeds back to their would-be customers.

So, thanks to the city of Portland, we have customers who are unable to take advantage of special pricing for limousine services, plus we have two companies who lost both time and opportunity – not to mention the administrative hassle of refunding customers their money while also dealing with the potential legal fallout.

But there’s a winner, of course. It’s the local taxi industry, sitting pretty while being validated in the idea that political pressure placed on local politicians works.

But in an interesting twist, this may not be the end of the story. The Institute for Justice, a public interest law firm, has now filed suit in U.S. District Court against the city of Portland. Here’s how the group summarizes the legal question:

“Can the government bar entrepreneurs from offering competitive prices, online discounts and prompt service merely to protect politically powerful insiders from competition?”

The Institute for Justice’s complaint was filed on April 26, 2012, citing the U.S. Constitution’s 14th Amendment plus the Equal Protection and Due Process Clauses.

Expect this one to make its way all the way to the Supreme Court.

Online coupon deals: Take those “whopping” discounts with a grain of salt.

Online daily deals save you less than you might think.
That "big discount" you think you're getting? Chances are, it's based on inflating the regular price.
In the world of retail, while the way people buy goods and services may be evolving at a rapid clip, it turns out that some aspects have changed nary a bit.

Take online couponing. Groupon and LivingSocial are the two big players in this segment, which enables consumers to take advantage of deep discounts on products or services providing enough people sign up for the offer. They’ve been proliferating in retail markets all over the country.

But think back to the “bad old days” of brick-and-mortar retail. Often, you might encounter a “deep discount” at a grocery store or big box store, only to realize later that the discount was calculated off of an unrealistically high list price for the item.

While not illegal, such practices are certainly deceptive, in that the product was rarely if ever sold at the “standard” price.

Well, guess what? When looking at online coupon deals, we’re now finding the very same practices at work.

Recently, local local services online directory Thumbtack contacted vendors offering daily deals from Groupon or LivingSocial. Vendors were “shopped” in metro markets all across the country that included a variety of services ranging from home cleaning and maid services to interior painting, handyman services and studio photography.

In eight out of ten cases, Thumbtack found that it was quoted a price over the phone that was lower than the advertised “regular” price cited in the supposedly “great” deals being offered.

Two examples:

 On September 19, 2011, Groupon offered two hours of home cleaning services in Phoenix, AZ for $49 … an amount it claimed was 67% off of the “regular” price of $150. When contacted by phone, the non-discounted price for the exact same cleaning services was $80. So the consumer was still getting a discount … but hardly the 67% as breathlessly claimed.

 On August 24, 2011, Groupon offered carpet cleaning services for a 200 sq. ft. area in San Francisco, CA for $45 — purportedly a 78% discount from the regular price of $200. The price quoted over the phone for similar square footage? Just $106. No doubt, Groupon, LivingSocial and their participating vendors realize that one way to make an offer more attractive is to make sure the percentage discount is huge – and thus unlikely to be offered again.

It’s really no different from practices we’ve seen used in retail over many years. But as more consumers become more savvy to the ways of online deals, it’s quite likely that we’ll find fewer people choosing to participate in them based on the “whopping” discounts claimed.

Shopping in the Internet Age: Let’s Make a Deal

Consumers love their online dealsI hear the complaint often that e-mail has become the preserve of “deal a day” promotions and communications from brands that have devolved into little more than breathless announcements about discounts that are “too good to pass up,” coupled with the obligatory “free shipping” pot-sweetener.

And then the next day, another deal shows up that’s practically the same as the last one …

But how surprising is this, really? Let’s not forget that daily newspaper advertising – the equivalent antecedent to e-mail marketing, has always had a similar focus on price, sales and deals.

It’s just that with e-mail, it seems more ubiquitous because they’re being pitched to us hourly on any number of digital platforms and mobile devices, rather than just once a day with the newspaper delivery.

And there’s no doubt that the sheer volume of deal activity is growing – the low cost of e-mail marketing makes sure of that. Not only is seemingly every consumer brand out there working the e-mail channel like they did catalogues and newspaper advertising in the past, there’s also the bevy of coupon marketers like LivingSocial, Groupon, Yipit and Gilt City, to name just the top few.

Some have discerned a decline in the “quality” of the information that is being provided; whereas there may have once been some educational, informative or “cool” content included along with the special deals, now it’s often devolved into nothing but “price, price, price” and “savings, savings, savings.”

The extent of consumer interaction with “deal-a-day” websites and e-mail offerings was quantified recently in consumer research conducted by Yahoo and Ipsos OTX MediaCT. The survey, fielded in February 2011, discovered that U.S. adults who are on the Internet subscribe to an average of three daily or weekly shopping e-mails or e-newsletters. (And more than half subscribe to two or more.)

How often are people reading these e-communiqués? With daily regularly, it turns out.

Nearly two-thirds of the respondents who subscribe to at least two of these “daily deal” e-mails or e-newsletters report that they read all of the messages that are sent. Here’s how reading frequency breaks out:

 Read several times per day: ~22% of respondents
 … Once per day: ~38%
 … A few times per week: ~23%

 Read once per week: ~7%
 … A few times per month: ~5%
 … Once per month or less: ~5%

The same Yahoo/Ipsos survey measured the degree of pass-along activity, which is one of the most potent aspects of e-mail marketing. Most recipients reported doing this – about 45% doing so on a weekly basis or more frequently:

 Forwarding deals to friends or family several times per week: ~17%
 … Several times per day: ~12%
 … Once per day: ~10%
 … Once per week: ~6%

 Forwarding once per month or less frequently: ~19%
 … Never doing so: ~22%

Despite the complaint commonly heard about groaning e-mail inboxes, the Yahoo/Ipsos survey gives little indication that consumers are in reality becoming all that tired of the onslaught of daily deal promos. In fact, over six in ten respondents in the survey reported that they subscribe to more of them today compared to last year.

Moreover, nearly half of the survey respondents reported that they’re excited to receive them … and that they “can’t wait” to see the latest deals being offered each time.

There’s another way we know that these deals are retaining their relevance: Three-fourths of the respondents reported that these types of e-mails come to their main inbox rather than to a separate account they’ve set up to receive such offers. So there’s little doubt that when people say that these deals are desirable, they actually mean it.

We consumers do like our deals, don’t we? And if you think that the popularity of deals and discounts is due to the recession, that’s belied by the fact that even America’s super-affluent are on the deal bandwagon. Unity Marketing’s recent survey of the wealthiest 2% of Americans — those earning $250,000+ per year — finds that value-priced Amazon is the top shopping destination for ~45% of them. Not only that, ~10% use Groupon for coupons and ~8% use Craigslist.

No, it seems bargain-hunting is the thing for practically everyone.

Social couponing: Big idea … but big profits?

Groupon logoThe rise of the Internet has changed the way the couponing business operates. Not only are people logging online to find coupons rather than searching for them in the local paper, so-called “social couponing” has also entered the scene. This is where online coupon offers become active only after a minimum number of registered users sign on to them.

Groupon is probably the best-known of these couponing platforms, although there are others active in the field including MyCityDeal, Half Off Depot, BuyWithMe and LivingSocial. [Interestingly the idea of social couponing originated in the People’s Republic of China.]

The concept, as Groupon does it, is pretty simple. It offers one “Groupon” per day in distinct market segments. If a predetermined specified number of people sign up for the coupon offer, the deal then becomes available to all; otherwise, the offer doesn’t take effect.

Groupon makes its money by getting a percentage of the deal from the participating retailers.

In theory, social couponing reduces the risk for retailers, who can treat the coupons as brand promotion tools in addition to offering discounts or freebies. But research carried out recently by the Jones Graduate School of Business at Rice University throws a bit of cold water on this hot idea.

The Rice research, which included ~150 businesses, found that the Groupon campaigns were unprofitable ventures for one-third of them. Furthermore, ~40% of the companies studied stated that, based on their experience, they don’t plan to run another social coupon promotion.

The Rice study measured program success based on two criteria: what portion of customers spent more than the coupon amount … and to what degree did customers subsequently make follow-up purchases without the coupon offer. Those companies that reported their campaigns had not been profitable also reported that only ~25% of the coupon redeemers spent more than the face value of the coupon.

Beyond that, fewer than 15% made a subsequent purchase at full price.

In contrast, firms that reported having profitable promotions stated that about half of the coupon redeemers spent more than value of the coupon, and ~30% of them made follow-up purchases at regular prices.

But even some of these firms were wary about conducting another campaign, believing that the Groupon offer did not attract the “right” kind of customers.

What types of offers did well? The Rice study found that foodservice offers performed best in terms of the quantity of offers redeemed. Other categories that scored relatively well were tourism offers, educational services, salons and spas – but each of these drew less than half the response level that restaurants achieved.

Utpal Dholakia, an associate professor of marketing at Rice and leader of the research study, concluded, “There is disillusionment with the extreme price-sensitive nature and transactional orientation of these consumers.” Dr. Dholakia went on to point out that “they are not the relational customers that they had hoped for, or the ones … necessary for their businesses’ long-term success.”

What’s the caveat for businesses thinking about jumping into social couponing? Such a program may well contribute to a surge in business. But many of these new customers will be price-conscious in the extreme, holding a bargain-hunting agenda above everything else.

Hmmm. Just like the real world.