February 14 Michigan Retailer by Michigan Retailers Association

Sales Forecasts Improve

Michigan retailers expect better sales in 1st Quarter 2014 after damaging winter weather freezes holiday season sales. Page 3

100 Years of Results

Lynch Sales Co. celebrates 100 years in business by offering gifts to prospects and a trip to Ireland for one lucky customer. Page 4

Flat-Rate Processing

MRA introduces a simple, flat-rate credit card processing option in addition to the regular lineup of expert processing solutions. Page 5

® February 2014 Vol. 39 No. 1

Merchant complaints could be trouble spot as Square weighs IPO by Jessica Quynn Copyright © 2014. Los Angeles Times. Reprinted with Permission. SAN FRANCISCO – Square came in handy for Camilla Barry in accepting payments at her bed-and-breakfast in the Northern California town of Rumsey – until a guest disputed a room charge in May. That’s when Barry discovered that Square Inc., which enables merchants to accept credit cards using a smartphone or a tablet, doesn’t take phone calls from its customers. Callers are greeted with an automated message, directing them to an online help center or to email their questions, and then they are disconnected. Barry said she grew so frustrated exchanging emails with customer service representatives that she drove two hours to the company’s San Francisco headquarters to get some help in person. Instead, she cooled her heels in the lobby for a couple of hours. No one would speak to her, she said, and the security guards threatened to call the police. Then Square deactivated her account, saying “high-risk activity was detected.” “I got a laugh out of that,” Barry said. “They meant I was a high-risk person because I showed up demanding service.” Square isn’t the only tech company that is more self-service than customer service. But growing complaints from merchants come at an inopportune time for one of the tech industry’s hottest companies. Customer Complaints The San Francisco start-up, led by Twitter Inc. co-founder Jack Dorsey, Continued on page 5

The official publication of the Michigan Retailers Association

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Senate panel takes up ‘Fairness’ issue (Also see Page 2) The Senate Economic Development Committee has taken up MRA’s Main Street Fairness legislation, but not indi-

cated how long it will consider the bills. The panel held its first hearing on Senate Bills 658 and 659 on January 29. Committee Chairman Mike Kow-

all (R-White Lake) said he expects the committee will hold future discussions on the competition-leveling measures. Similar legislation, House Bills 4202 and 4203, cleared the House Tax Policy Committee last fall but so far has not been scheduled for a vote by the entire House. The bills would begin to level the

Main Street Fairness Now! Download and Mail Back the Form.

Wyandotte retailer Peter Rose (left) speaks with Senator Mike Kowall, chairman of the Senate Economic Development Committee, after testifying on the need for Main Street Fairness legislation.

Third-generation retailer faces challenges head-on by Doug Henze

Buying almost anything these days can be as simple and easy as a few clicks of a computer mouse, tablet or smartphone. Trouble is, the effect of Internet shopping on many Main Street retail businesses – and their communities – is anything but simple and easy. For Peter Rose, a partner with The Chelsea Group LLC, a Wyandotte-based operator of clothing stores, unfair online competition

is one more challenge in the quest to remain profitable and survive as a community retailer. That’s a big reason why Rose, the 59-year-old operator of Chelsea Menswear & Tuxedos and women’s clothing store The Willow Tree, is an outspoken advocate for shopping locally and a big supporter of MRA’s efforts to win approval for Main Street Fairness legislation (see story above). The legislation would help level the retail playing field by requiring certain out-of-state online only retailers such as Amazon and Overstock to collect the same 6 percent sales tax that Michigan businesses must collect. “The Internet takes dollars away Continued on page 6

retail playing field by requiring certain out-of-state online retailers, including Amazon, to start collecting sales tax on goods sold to Michigan residents. The current collection loophole for out-of-state companies gives them a 6 percent price advantage over Michigan retail businesses. Under current law, it’s the responsibility of residents to keep track of their purchases and pay the equivalent 6 percent use tax when they file their income tax. Only about 5 percent pay the tax, according to state tax officials. Economic Harm MRA will continue to solidify legislative support for the bills and push for a committee vote as soon as is Continued on page 8

Spring webinars focus on hiring Free member webinars in March and April will focus on hot-button issues involved in hiring employees for your business. The online sessions are no cost to MRA members and are put on by the national Council of State Retail Associations’ Retail University. On March 26, legal expert Christopher Hoyme will discuss the use of background checks, including arrest and conviction records, in making employment decisions. Continued on page 2

Michigan Retailer

Better future in the cards

Board of Directors: Thomas Ungrodt Chair Ideation, Ann Arbor

by James P. Hallan, MRA President and Chief Executive Officer In this issue you’ll find a couple of tear-out cards worthy of attention. The first card will help in the political struggle to enact Main Street Fairness legislation in the state Capitol. The ability of Michigan retail businesses to compete with out-of-state online merchants such as Amazon and Overstock hangs in the balance. The survival of Main Street retailers and their communities is at stake. The Senate held its first committee hearing on the legislation (see Page 1) but has not yet scheduled a vote to send it to the full Senate. In the House, the measure cleared committee last fall but hasn’t come up for a vote on the House floor. So we are making progress, but it is agonizingly slow. The economic damage from inaction grows larger every day. We believe our legislation has the support of a majority of individual lawmakers. But we also know that as elected officials, many of them are in no hurry to pass bills that their opponents – real or imagined – can wrongly

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and shortsightedly call a tax increase. This is where the tear-out cards come in. By filling out a card urging swift passage of Main Street Fairness legislation, you can help give a push. The more cards we receive, the bigger the push. The bigger the push, the faster we’ll get positive action. It’s also helpful for you to call or email or write your legislators, and continue to do it until this issue is resolved. But for right now, let’s start with the tear-out card. Please, fill out the card and mail it back. Don’t put it off. Don’t let inaction on your part give an excuse to some legislators to keep dragging their feet on a matter of great urgency to your business, your industry and the future of your state.

With this program you’ll pay one low rate on all your transactions, regardless of whether you received the card payment in person, over the phone or over the Internet. We designed it as a headache-free

President and CEO Michigan Retailers Association

Dan Marshall

Vice Chair Marshall Music Company, Lansing

Peter R. Sobelton Treasurer Birmingham

Jean Sarasin

“The more cards we receive, the bigger the push.”

The second insert card announces a new credit card processing option MRA is offering: Flat-Rate Processing.

James P. Hallan

solution for businesses that want the simplicity and certainty of knowing what their processing costs will be month after month. It’s in addition to all of the regular expert processing solutions MRA provides. Flat Rate won’t benefit all businesses, especially larger volume ones. But to find out more about this option and see if it’s right for your business, simply fill out the card and mail it back. It’s that simple. Together or separately, these two cards could point to a better future for your business.

Secretary Michigan Retailers Association

Barb Stein

Past Chair Great Northern Trading Co., Rockford

Brian Ducharme AT&T

Becky Beauchine Kulka

Becky Beauchine Kulka Diamonds and Fine Jewelry, Okemos

Orin Mazzoni, Jr.

Orin Jewelers, Garden City

Joseph McCurry

Credit Card Group

Larry Mullins

Brandon Tire & Battery, Ortonville

R.D. (Dan) Musser III

Grand Hotel, Mackinac Island

Joe Swanson Target Corp.

Spring webinars Continued from page 1

In the past two years, there have been significant changes in law on the issue. This webinar will bring you up to date on what’s allowed and provide “three golden rules” to follow to make sure you don’t run into federal penalties or legal trouble. The one-hour session is scheduled for 10:30 a.m. EST. On April 16, Americans with Disabilities Act (ADA) expert Candice Alder will discuss issues involved in employing people with disabilities. They include recruitment of employees with disabilities, common misconceptions regarding hiring and training, how to address barriers and make reasonable accommodations, and the available tax incentives. The session also begins at 10:30 a.m. EST and runs one hour. To re g i s t e r, p l e a s e c o n tact MRA’s Laura Schilling at lschilling@retailers.com or 800.366.3699 ext. 313. Two additional webinars on different topics are planned for September and October.

Accountant, service rep join MRA Cheryl Szczubialka and Christain Shaull have joined Michigan Retailers Association’s professional management team as staff accountant and customer service representative, respectively.

Shaull

Szczubialka

Szczubialka assists Executive Vice President and Chief Operating Officer Jean Sarasin with the accounting functions of the Association, Michigan Retailers Services, Inc., Michigan Retailers Foundation and Michigan Retailers Political Action Committee. She has an accounting degree from Michigan State University and previously worked as an auditor at Plante Moran. Prior to that she was an accounts receivable manager for a family owned business in the Lansing area.

She also has experience at three retail stores, including serving as manager of two of them. A Holt resident, Szczubialka grew up in Sterling Heights and describes herself as a “huge Detroit Tigers fan.” Her hobbies include genealogy research, home improvement projects and taking care of her two dogs. “It’s a great feeling to work at an organization that serves such a great purpose in communities all over the state,” she said. As part of Customer Service, Shaull’s responsibilities involve answering members’ questions about their credit card processing activities, statements and equipment. They include helping members update their equipment, fix any problems “and just help merchants however I can.” He is completing a business degree at Western Michigan University and previously worked for Hardings Marketplace in Kalamazoo and The Labor Law Poster Service. Shaull grew up in the Lansing area and remains a Lansing resident. His biggest hobby is his two dogs – “They take up most of my spare time after work!”

James Walsh

Meijer, Inc., Grand Rapids

D. Larry Sherman

Board Member Emeritus

Michigan Retailers Services, Inc. Board of Directors: Bo Brines Little Forks Outfitters, Midland

Bill Golden

Golden Shoes, Traverse City

Lisa McCalpine-Wittenmyer Walgreens

James P. Hallan Thomas B. Scott Publisher

Editor

Pat Kerwin

Design Manager

Publication Office: 603 South Washington Avenue Lansing, MI 48933 517.372.5656 or 800.366.3699 Fax: 517.372.1303 www.retailers.com www.retailersmutual.com

Subscriptions:

Michigan Retailer (USPS 345-780, ISSN 0889-0439) is published in February, April, June, August, October and December for $20 per year by Michigan Retailers Association, 603 South Washington Ave., Lansing, MI 48933. Subscription fees are automatically included in the Michigan Retailers Asociation membership dues. Periodical postage paid at Lansing, Michigan. POSTMASTER: Send address changes to 603 South Washington Ave., Lansing, MI 48933. The Michigan Retailer may be recycled with other white office paper.

February 2014

MICHIGAN RETAIL INDEX

Sales forecasts rise after weak holiday shopping The December Michigan Retail Index showed 38% of retailers increased sales during the holiday season and 41% experienced declines. 21% reported flat sales. Retailers went into the already compressed shopping season with cautious optimism, their forecasts averaging a modest 1.3% gain over last year. The results were even weaker at 0.1%. Nationally, economists said holiday

Current

Performance Index

shopping rose 2–4%. December sales in Michigan were slightly better than November’s. The Index found that 39% of retailers increased sales over the same month last year, while 44% recorded declines and 17% saw no change. The results create a seasonally adjusted performance index of 50.5, up from 46.7 in November. The 100-point Index gauges the per-

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formance of the state’s overall retail industry, based on monthly surveys conducted by MRA and the Federal Reserve. Looking forward, 42% of retailers expect sales during January–March to increase over the same period last year, while 25% project a decrease and 33% no change. That puts the seasonally adjusted outlook index at 63.3, up from 58.4 in November.

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As they were reporting weaker than expected sales for the holiday shopping season, Michigan retailers also improved their forecasts for 1st Quarter 2014. Shor t-term sales projections climbed by nearly 5 points to 63.3 on the 100-point Michigan Retail Index, a joint project of MRA and the Federal Reserve Bank of Chicago. Holiday sales were hurt by damaging winter storms and outdated government policies that favor outof-state online companies (see Page 1). Retailers posted only a 0.1% average increase over last holiday season. “Retailers were hit by arctic air, snow and ice storms that knocked out power across the state during the critical final days of the holiday shopping season, when stores should have been full,” said Tom Scott, MRA senior vice president, communications and marketing. “At the same time, they continued to be hurt by badly out-of-date laws that give out-of-state online merchants a price advantage over our Michigan companies that invest in Michigan, employ Michigan workers, pay taxes in Michigan and support their Michigan communities.”

Seasonally adjusted diffusion index, calculated by adding the percent of respondents indicating increased sales and half the percent indicating no change, and then seasonally adjusting the result using the U.S. Census Bureau’s X-11 Seasonal Adjustment procedure. Index values above 50 generally indicate an increase in activity, while values below 50 indicate a decrease.

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Be sure to complete your online survey each month!

Michigan Retailer

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Lynch celebrates 100 years of delivering big results by Jean B. Eggemeyer More than 100 times a year, the Lynch Sales Company helps create a profitable splash for one of its clients by conducting a large sales-generating event. Focused on high-quality furniture stores, the company helps owners achieve 30 to 100 percent of a store’s annual volume during a typical four- to six-week sales event. The company specializes in liquidation, relocation, remodeling, remerchandising, inventory reduction and cash-raising sales. Using a copyrighted sales plan perfected over decades, a Lynch team helps each

Judson and Chris Lynch

retailer plan, coordinate and run all aspects of the promotional sale. In business since 1914, three generations of the Lynch family have continued to build the company on its reputation for providing excellent service and exceeding clients’ goals. “We’ve been delivering real results, with honesty and integrity, for 100 years,” said Judson Lynch, co-CEO, who runs the Grand Rapids office of the company. “We still find it the best way to gain and retain clients.” The experience the Lynch Sales Company brings to its clients is a key reason customers return, according to Lynch. “Our team of 25 sales coordinators is very high quality,” he explained. “Many were store owners or high-level managers themselves.” “Our people bring objectivity to store owners and a focus on the one major sales event we coordinate for them,” he added. “What we do, a retailer wouldn’t be able to do himself while still taking care

of day-to-day operations. Our people are there to successfully implement the sales plan only.” Trip to Ireland In celebration of the Lynch Sales Company’s 100th anniversary, Judson Lynch and Chris Lynch, his brother and co-CEO in the company’s Miami office, will present retailers who inquire about a “Sale of the Century” with commemorative gifts. One lucky customer, who contracts with the company for a sale in 2014, will win a week-long trip to Ireland. “We’re celebrating the success of our customers, as well as our company, by observing our 100-year anniversary in a way that thanks them for their loyalty over the years,” said Judson. When the Lynchs’ grandfather, Joseph P. Lynch, started the firm it was the only company of its kind in the country. While records show that he was sometimes “almost thrown out of a store before getting a chance to tell his story,” according to Judson, he persevered and developed an honorable and enviable reputation as a sales promoter.

Joseph’s son, and the current owners’ father, Daniel Lynch, took over the company in 1945 and led it until 1980. Under Daniel’s watch, the

company experienced tremendous growth as it responded to a changing furniture industry. Now 91, Daniel continues to serve the company as chairman emeritus. In recent years, the company has grown to include four U.S. offices as well as operations in Canada and the United Kingdom. “Throughout our company’s history, we have remained focused on our core values: integrity, respect for our clients and their businesses, and achieving superior results for those clients,” said Judson. Jean B. Eggemeyer is a freelance writer based in Illinois and a former employee of the Michigan Retailers Association.

February 2014

MRA begins offering simple, flat-rate processing Michigan Retailers Association now offers members the option of simple, flat-rate credit card processing. “Flat-rate” means businesses pay the same rate on all transactions, regardless of whether the card payments are received in person, over the phone or via the Internet. Gone from the monthly statement are such terms as midqualified, non-qualified, batch, surcharges, PCI Compliance fees and the like. “It’s simple, and you can predict your monthly costs easily because it’s the same rate on every transaction, no matter how the payment is made,” said MRA’s John Mayleben,

senior vice president, technology and new product development. “You pay a simple, low rate on all transactions, plus $5 a month. That’s it,” he said. Mayleben, a national expert on payment processing, was the first designated Certified Payments Professional in Michigan and among the first group in the nation. MRA also has two other CPPs on staff. More Attractive MRA’s flat-rate service is more attractive than other flat-rate programs because it comes with the advantages MRA offers all its thousands of credit card processing customers, Mayleben

added. It’s another of the many benefits of being a member of MRA. Those processing benefits include $100,000 in automatic data-breach protection, customer service by phone 24 hours a day, no long-term contracts, no hidden fees, no charge for supplies, no minimum monthly volume, no chargeback fees and many other free services. Flat-rate processing also works with whatever platform a business uses to process cards: terminal, P.O.S. system, computer, tablet or smart phone. Mayleben said the flat-rate option is available to all member businesses. He expects it will appeal especially to lower-volume merchants and those getting started. “But the simplicity and certainty of monthly processing costs under

the flat-rate program are certainly attractive to all sizes of businesses,” he said. “Because of our experience and expert knowledge, MRA has always provided members with the best processing solutions available. But let’s face it, processing has become increasingly complex and sometimes difficult for businesses to understand. Flat-rate processing is another option for removing those headaches.” To find out if Flat-Rate Processing is right for your business, or to become a member of MRA, simply mail back the postage-paid card inside this issue of Michigan Retailer or contact MRA at 800.366.3699, www.retailers.com or mra@retailers.com.

Merchant complaints could be trouble spot as Square weighs IPO Continued from page 1

is weighing an initial public offering of stock as soon as this year. Its value hit $5 billion this month when investors privately bought shares from employees and shareholders, according to a person familiar with the transactions but not authorized to comment publicly. Silicon Valley likes to pat itself on the back for coming up with innovative products and services that the world often falls in love with. Customer service, though, usually consists of offering online help tools, not staffers sitting by the phone. That cuts costs and is usually enough to resolve an issue – until users encounter a major problem, such as their Facebook account being hacked or their funds being frozen. The volume of rancor has been cranking up in recent months as one unhappy Square merchant after another has turned to the web to gripe about not being able to reach a live human being and warned fellow merchants to steer clear of the company. On Phillip Parker’s website CardPaymentOptions.com, there are more than 1,100 comments, many of which are negative. “Square actively does not want people to call,” Parker said. Yet, he said, the company doesn’t make its policy on freezing funds clear enough to merchants. What’s confusing to merchants is that Square is an aggregator, not a credit card processor, and as such offers less service to customers, said Ben Dwyer, founder of CardFellow, an online marketplace where credit card processors compete for merchants’ business. An aggregator routes transactions to processors, enabling merchants to accept credit

cards without setting up accounts with the card firms. “You pay for what you get, and in the case of Square, you usually pay too much,” Dwyer said. Not Enough Square defends its customer service, saying it responds quickly by

said. “But you should be available by the channels your customers are asking you to be available by. Not everything can be resolved by email and certainly not by social media.” Before Square and other mobile payments companies came along, merchants had to fork over hefty fees to accept credit cards. With Square, small businesses fill out a form, download the app and plug a reader into a smartphone or tablet. There are no long-term commitments or monthly fees, just a flat rate of 2.75% for swiped transactions and 3.5% plus 15 cents for each transaction that is manually entered.

“You pay for what you get, and in the case of Square, you usually pay too much.” email, typically within 24 hours and, during business hours, frequently within six hours. Square also has a Twitter support feed that takes questions from users. If it freezes someone’s funds because a transaction appears suspicious or a buyer has disputed a charge, Square says in “many instances” it gives small-business owners a phone number to call. “Our goal is fast, efficient customer service that gets people immediate answers to their questions whenever and however possible,” the company said in an emailed statement. “In addition to email and real-time Twitter support, we have a robust online help center that customers can visit any time. We also provide phone support for some issues and continue to test new ways to help our customers as quickly and efficiently as we can.” Is that enough? Not always, said Micah Solomon, a customer service speaker and author. “Good customer service is good customer service. If you answer emails promptly, that’s different than if you make people wait,” Solomon

Lid on Costs That has been a stroke of good fortune for Ruth Jenkins, who runs a shopping service in Oxford, Pa. She says Square has helped her small business stay afloat. Her credit card fees used to add up to about 30% of her annual sales. With Square, she estimates she saves an average of $300 a month. Jenkins says she has seen the online complaints about Square’s customer service, and says Square may not be for every business. But, she says, it suits her. “I always get a response when I contact them via email,” she said. “They always have responded quickly.” Square decided to respond to customers electronically whenever possible in large part because of the high costs associated with fielding customer inquiries over the phone, said Rick Oglesby, senior analyst with Aite Group.

An average small-business owner rings up just $3,000 to $4,000 in sales on Square each year, he estimated. “When you deal with very small merchants, and particularly with the pricing paradigm Square has – pay as you go, no monthly fees – it’s not a very profitable segment,” Oglesby said. “You can’t afford a lot of additional costs.” Rising Competition Square has good reason to keep a lid on its costs. As it prepares for an IPO, Square is facing rising competition from established companies such as PayPal, part of EBay Inc., and a slew of start-ups including IZettle in Europe. (Michigan Retailer editor’s note: MRA now offers a simple, FlatRate processing solution backed by full customer service.) “Square is doing everything it can to get to profitability to enhance its market value when it goes public,” Oglesby said. “So I can certainly understand where the company is coming from and why they are doing it this way.” It’s unlikely complaints from small businesses will cast much of a shadow over an IPO unless Square has a high rate of customer attrition, Oglesby said. Should Square offer small businesses more hand-holding? Perhaps in some situations, Solomon said. “Google and Facebook do not consider us, the public, their customers. Their customers are the advertisers, and their product is free. With Square, I think of the merchants as being the customers,” Solomon said. “There need to be escape hatches for when one needs human intervention.” Continued on page 10

Michigan Retailer

Third-generation retailer faces challenges Continued from page 1

from the independent retailers in Michigan, the businesses that return the highest percentage of revenues to the state economy,” said Rose. “This is enabled in part by unfair and harmful tax policy that, in effect, subsidizes the out-of-state competitors that provide nothing to our state in terms of investment, taxes, jobs and community support.” He adds, “As local retailers we feel constant downward pressure, and the Internet is constantly growing. It’s having an adverse effect on retailers’ ability to survive. There is every justification to try to protect the tax base of the state of Michigan.” Three Generations Online sales are the latest challenge for a family business that has toughed it out for three generations.

learned more and more.” Business Evolves During the next few decades, Rose helped the family business evolve. At its peak, The Branch became an eight-store chain. Along the way there were also Levis stores that were opened in response to a jeans craze and then closed after it passed. The men’s store expanded into shopping malls, while the women’s business opened in downtowns, including Detroit, Plymouth and Rochester. “We got up to 23 stores in 1989, all in the metro Detroit area,” Rose said. Economic pressures led Chelsea to pull back in the 1990s. Today, the family focuses its energies on the 3,700-square-foot men’s and 4,000-square-foot women’s shops in Wyandotte. Survival of those stores, which target the 40-year-old to 65-yearold crowd, with brands ranging from Tommy Bahama and Allen Edmonds to Brighton Jewelry and Dansko, has been the result of a keen focus on the individual customer. He sees customer service as his advantage over larger and online merchants. “Both stores rely on the ability to service the customer one on one,” Rose said. “If you come in and ask for a suit, we’ll spend as much time as you need. It’s far less personal in a chain store or a department store, and the Internet lowers that bar for folks even more. “It is that personal connection that is our strength. We know an awful lot of our customers.” To push back against the “incessant” advertising of chain stores, the Roses reach out to customers by phone, letting them know about store promotions. “You actually are having individual conversations with person after person,” Rose said, adding that the stores now use social media as well. “That’s powerful, but it’s difficult.” Competing with the nationals also means keeping the stores clean, well lighted and open. The stores do business until 9 p.m. on weekdays and are open on Saturdays and Sundays.

“Businesses like us will survive through sheer will,” Rose said. “We insist on surviving, so we will.” Started by Rose’s grandfather, Benjamin, in 1943, the business has provided a livelihood for many family members. Still active in the business are his 79-year-old father, Gilbert, and his mother, Arlene, 83, as well as Rose’s wife, Janelle, 54. Gilbert Rose was manager of the Springfield, Mass., Symphony Orchestra when his father’s health caused the family to ask him to come back to help run the business in 1962. “My father came back to help out and grow the business,” Rose said. “He pretty quickly assumed the reins and found he liked the business.” At that time, Gilbert Rose’s sister and her husband, as well as the husband of another sister, were running the business. Chelsea Menswear had just moved to its current downtown Wyandotte location on Biddle, and a women’s business operated in the basement. By the time Peter Rose joined the family business in 1972, the women’s business had been relocated to a building a block away and rebranded The Willow Tree. Arlene had joined the business by then and had assumed the responsibility of buying for the store, which she continues to do along with Janelle. The Roses also were running a unisex boutique called The Branch in Wyandotte and had taken over Danby’s, another family business, in Southgate. “I was just a stock boy and learning the ropes of the selling profession,” Rose recalled. “I was interested in the family business and just gradually

Will to Survive “Businesses like us will survive through sheer will,” Rose said. “We insist on surviving, so we will.” A Wyandotte DDA member and a Rotarian, Rose helped found a local business advocacy group in 2013. Love Wyandotte aims to educate people to shop locally and serves

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IT’S THE LAW

Tips to help retailers protect online honor by William J. Hallan, MRA Senior Vice President Operations and General Counsel

The familiar quote goes something like this: “it takes a lifetime to build a reputation and a single act to destroy it.” Versions of the advice have been attributed to different visionaries, but the concept remains the same – one must act in a manner that upholds the reputation that has been earned. Retailers know this principle well, for a poor reputation is often the fastest way to closed doors. Today, however, retailers must be even more nimble in managing their reputation. Social media has changed the rules. With Twitter, Facebook, Angie’s List and Yelp, retailers now have countless new channels to interact with their customers. These tools can either help reinforce the reputation the retailer has toiled to achieve or crush that hard work in an instant. Negative Reviews As of late, negative online reviews have caused a great deal of litigation. Several businesses throughout the country have taken to the courts to help protect their character. One of the problems is that online review sites such as Angie’s List and Yelp are often unwilling to remove negative posts and identify anonymous users, citing First Amendment protections. However, the business community is starting to see those firm stances fracture. A court in Virginia recently ordered Yelp to disclose the identity of certain anonymous reviewers. A carpet cleaning company that had received seven negative reviews sued, claiming the anonymous reviewers were not even customers. In its decision to require disclosure of the identities, the court found that while the First Amendment generally protects as a bond that unites small business owners trying to do business in a chain-store and Internet world. That won’t be easy for businesses like Chelsea, which is considering its own online effort to fight fire with fire. But survival is the only option, Rose said. Although a fourth generation won’t be running the family business – Rose’s daughters, Kirsten, 27, and Haley, 24, are pursuing other interests – Rose is determined to stick it out.

negative reviews as free speech, that protection is contingent upon the reviewer actually being a customer of the business. The court explained: “If this underlying assumption of fact proves false, in that the reviewer was never a customer of the business, then the review is not an opinion; instead, the review is based on a false statement of fact – that the reviewer is writing his review based on personal experience. And ‘there is no constitutional value in false statements of fact.’” In other words, the freedom of speech is not absolute. Gaining Ground So what does this mean for Michigan retailers? It means that businesses are gaining a foothold to contest negative reviews and protect their online reputation. It also underscores the need to actively monitor one’s reputation, both online and offline. Litigation still remains a drastic step, and there are many other ways to respond to a negative review to help minimize the damage. For example: – Thank the customer for letting you know there was a problem and for their patronage – Offer further assistance to correct the mistake or offer your side of the story – Address the issue, don’t attack the customer – Be careful; if a customer does not like your response, it could make the matter worse – Keep it simple – Be polite – Avoid poor spelling and grammar. While online review sites are lobbying Congress for legislation to help protect against lawsuits, it seems evident that consumers may think twice about posting negative reviews. In the meantime, consider the above tips to help manage your online reputation. “Despite pressures and obstacles – including bad state policy toward Main Street – none of us are going anywhere,” he said. “We’re up to the task. I think we’ll all probably die right here in our stores. None of us understand the idea of retirement. This is what we love, it’s what we do.” Doug Henze is a freelance writer and former business reporter for the Oakland Press in Pontiac.

February 2014

RETAIL TECHNOLOGY NEWS

Lessons we can all learn from latest data breaches John Mayleben CPP, is MRA senior vice president technology and new product development and a national expert on electronic payment processing. He is the first person in Michigan and among the first in the nation to receive the Certified Payments Professional designation from the national Electronic Transactions Association. As almost everyone has heard, a number of large retailers suffered massive data b re a c h e s o v e r the Christmas season. While all of the details around these attacks have not been made public, we can all learn from what is happening. Over the years, we in the retail industry have gotten very good at building walls around our critical data while it is “at rest” (stored on a computer hard drive in a file like Microsoft Word or Excel). But some of the news stories about the latest data breaches have indicated the bad guys got the data while the information was “in motion” (moving through the retailer’s system during a legitimate transaction). This illustrates the next big target for computer hackers. They are getting even more sophisticated in their attacks and have figured out that they can’t just break through the door and grab a file of card numbers. Now they are getting into retailers’ systems and hiding while normal business is conducted. In these cases, each time a hacked retailer processes a legitimate transaction from a customer, the hackers can copy the information down and transmit it offsite to be used on counterfeit cards.

basic rules to provide the greatest protection: 1. Secure the hardware. Is your terminal attached to the counter or the wall? How is it attached? How easy is it to remove? Would you even realize if it were removed or swapped out? 2. Secure the area around the device. Who has access to the device? How do you control that access? 3. Lock the software. Are your computers or credit card terminals password protected? Are the passwords protected from unauthorized use? Does your terminal “lock” the software to prevent someone from loading malware? Remember, any device that has software to operate it can also have malicious code written for it.

“Even small merchants with standalone credit card terminals are being hacked.”

Large and Small This trend is not limited to retailers who use large, multi-store POS systems. Even small merchants with stand-alone credit card terminals are being hacked. Regardless of the method you, as a merchant, use to process your transactions, you should follow some

4. When did you last upgrade your terminal? If it has been more than three years, you may want to consider an upgrade. The landscape for payment processing is changing at a rapid pace; the newer terminals will protect your business. Data Breach Plan One of the other things I have noticed during these recent data breaches is that most of the retailers in the public spotlight have handled the public relations very well. It’s probably because they had a plan already developed for this scenario. What is your plan? Many business owners have thought about disaster planning and developed detailed plans in case of a fire in their building or a weather event, but what about a data breach? In the end, seeing a retail owner or manager on the news discussing a data breach should cause you to pause and review your own situation. In many cases, it is not a case of “if it happens to you” but a case of “when it happens to you.” So be prepared. Michigan Retailers Association provides $100,000 in data breach protection, automatically, to all businesses that process through MRA. It’s another valuable benefit of partnering with MRA.

Get Ready For Buy Nearby

“Get Caught Blue-Handed Day” Saturday, October 4, 2014 Celebrate Michigan and the great local shopping across the state.

buynearbymi.com

Michigan Retailer

Senate panel takes up ‘Fairness’ Continued from page 1

practical, said MRA President and CEO James P. Hallan. “We cannot let another holiday season go by without action by lawmakers,” Hallan said. “It’s up to all of us in the retail industry to inform our legislators how much economic harm the current situation is doing each and every day to our retail businesses, local communities and Michigan’s economy.” Hallan, bills sponsor Sen. Jim Ananich (D-Flint) and Wyandotte retailer Peter Rose testified at the hearing. Ananich, a member of the Senate committee, said Michigan should not look to Congress for a solution, as some suggest. “If we wait for the federal government to act, we’ll be waiting a long time. You need to take action on a Michigan problem with a Michigan solution,” he said. “Michigan retailers are suffering. They just want to be treated fairly and equally.” Game Changer Rose, a partner at clothing retailer The Chelsea Group LLC, said the loophole, coupled with the rapid increase in online shopping at non-Michigan businesses, is “a game changer, and Lansing

has not responded to the situation.” He said the ripple effect from buying in Michigan is enormous, because an in-state retailer pays wages, taxes, utilities and buys supplies and other items locally. That keeps the money in the local and state economy instead of leaving Michigan. The tax collection loophole encourages residents to spend their dollars out of state, where it does Michigan no good, he explained. Rose summed up by saying, “I don’t have my hand out. This is an issue of fairness, and it’s long past time to end the partiality given to out-of-state businesses. “I can’t understand the reticence to tackle this.” In his testimony, Hallan urged lawmakers to enable Michigan retail businesses to compete on a level playing field with out-of-state merchants. “Why are we supporting out-ofstate retailers who have not invested in Michigan, don’t hire Michigan workers and don’t pay taxes?” he said. “If, indeed, Michigan is the comeback state, this is an opportunity to protect Michigan jobs for those retailers who have invested in Michigan. We’re the home state, we should support the home team – and we’re not doing that.”

www.retailers.com

Membership Services Corner Quick notes on key services. Call 800.366.3699 for details. by Penny Sierakowski, MRA Customer Service Department Manager Quick notes on key services. Call 800.366.3699 for details. We a p p r e ciate your membership. Let us know whenever we can help you with a question or a problem, no matter how large or small. Credit Card Processing • Control access to your credit card processing and only allow authorized people to handle your POS (Point-of-Sale) system. • If you receive a call from anyone identifying himself as being from “Merchants Choice” or “Merchant Services” and stating you have a “non-compliant terminal,” please ask the caller to verify the last 4 digits of your merchant number, bank account number or tax ID number. If he cannot comply, then do not speak with him and hang up.

• To protect our members, we require the business bank account number, Social Security number or tax ID number whenever we receive a request for secure data such as full credit card numbers and bank account information. • The IRS requires us to have valid business taxpayer W-9 information for all of our merchant processing accounts. Call MRA Customer Service if you need to verify your business information or you require a W-9 form. • To make sure your credit card transactions are processed at the lowest cost, always answer the following prompts on keyed transactions: - Enter AVS (street number and zip code) of the billing address - Enter purchase order number - Enter sales tax amount if prompted - Obtain and pass through a valid authorization number - Make sure authorization and settlement amounts match (except for tip adjustment) - Settle within 24 hours.

February 2014

After 53 years I know...retail’s not rocket science by Steve Flaster

While retail isn’t rocket science, it requires its own kind of very smart, even brilliant, people … those who can analyze situations that are gray, rather than black and white, and involve complex people relationships. Fifty-three years ago, I had my first summer job as a stockboy at Macy’s. That was when Macy’s was just a New York store and not a national brand. Like the rest of you, I think and hope I have advanced in the field and accumulated enough retailing stories to fill a book. What I hope makes these stories worth retelling over the next few months are the lessons they provide about competing and serving the customer well in our dynamic world called retailing. The stories experienced, lessons learned and fundamental truths seem even more relevant and important today in our world of fierce competition. More Than Gas Whenever possible, I support local businesses, especially in my neighborhood. One morning about five years ago, I was very low on gas shortly after leaving home. I headed into the nearby gas station and

was going to pay at the pump with a credit card. Much to my chagrin, I had forgotten to take my credit cards and could count only about $7 in cash. So as not to be left completely penniless, I put in $6 of gas and went inside to pay. The station owner looked at me strangely and asked me why I put in so little gas. I told him the truth and he replied something like this: “I know who you are, and you are in here often…put in as much gas as you want and pay me the next time you come by.” I did and I did, and have now made it a rule to fill up there whenever I can. I even buy from his convenience store inside and am willing to pay somewhat higher prices for both the gas and other products. I filled up with more than gas that day. I filled up with a good feeling inside instead of feeling foolish. This feeling propelled me into being a loyal customer. The Timeless Lesson: Low price is forgotten long before the way a customer is made to feel. Stores, especially small independent ones, should make delighting the customer a major part of their competitive strategy.

The lesson is hardly new. It would be scary if it were viewed as revolutionary. But are we taking it seriously and do we need to be reminded about it in a time when we are suffering from endless and unprofitable price competition? Delighting our customers leads to emotional connections and customer loyalty. It doesn’t mean we don’t have to worry about price, but it does mean we don’t have to worry about it so much and as the only thing customers want. Strategic Approach A strategic approach for delighting customers should encompass the following: • Start by hiring people who like people and who do not have to be trained or reminded to be nice to customers. Nordstrom’s has long followed the practice of hiring for attitude and training for skill. • Make a list of nice things you can do for customers that will help create emotional connections. Be sure to include your staff in making this list, and make sure they understand your goal and feel part of achieving it.

• Be generous as well as reasonable in deciding what you will do to delight customers. If it breaks a store to give a customer a flower on Valentine’s Day or a free cup of coffee on a blistering cold morning, then the store has deeper problems this column can’t address. • Be really “daring” and ask customers what else your store can do for them. • Make sure that you, as management, are a role model for how other staff should treat customers. • Tell customers how you are going to delight them, such as putting up a sign announcing free full service for senior citizens at a gas station. Maybe it is not enough to shout it out to customers that your store is there to delight them. Then again, it may now be so rare that they say “Wow!” and return again and again. Steve Flaster is a retailer, adjunct professor of advertising and marketing at Michigan State University, speaker and consultant. You can reach him at srflaster@gmail.com.

Michigan Retailer

Complaints mount against Square Continued from page 5

Bare-Bones Service Ann Harris, who has a farm outside Boston and also stores cars in the winter, says she happily used Square for more than two years. “It worked great and customers were happy that I could scan credit cards easily. I was definitely pleased with the ease and cost of the service versus a traditional credit card processing service,” she said. But then a transaction for $360 to store a customer’s car didn’t go through. “When I poked around the site for

support, I was shocked to find no phone number for customer service and had to hunt for some time to find their email form for issues,” Harris said. She says she wrote Square an email and got a reply that the company was looking into the situation “with no information on when I might expect a response or how we might resolve this.” “It seems very strange to me that a company that deals with financial transactions can be so bare-bones when it comes to customer service,” she said.

www.retailers.com

NEW MEMBERS Morpheus Development LLC, Ada Blizzard Snow Removal, Algonac Petticoat Junction, Alma Arthur G Bowles Jr. DDS PC, Ann Arbor Tangent Medical Technologies Inc., Ann Arbor Versailles Natural Skin Care, Ann Arbor Triangle Towing, Ann Arbor Cody Trucking, Auburn Hills Nick Spano Trucking, Auburn Hills S.C. Trucking, Auburn Hills The Hot Spot of Bad Axe, Bad Axe Theresa’s Angels & Gift Shop, Brooklyn Dollar Express of Byron Center, Byron Center Hampton Inn & Suites, Canton Sashabaw Meadows LLC, Clarkston Coopersville Vision Center, Coopersville Byblos Cafe & Grill, Detroit Seven Star Food Center Inc., Detroit Grant Associates Inc., Detroit Top Treatment Drapery Co., Dexter Assessment and Relationship Center, East Lansing Spinneweber Landscaping Inc., Fenton Pat’s Food Center Inc., Freeland Vintage Technologies, Galesburg TR DeGroot MD PLLC, Grand Haven Inspired Green West LLC, Grand Ledge Quisqueya Taxes, Grand Rapids New Hope Baptist Church, Grand Rapids Kalamazoo Mud Run, Grand Rapids Tris 4 Health, Grand Rapids Tasters Guild International, Grand Rapids GL Pony-Colt Baseball, Grand Rapids Brian Ellis for Congress, Grand Rapids Blandford Nature Center, Grand Rapids Superior Watch Repair, Grand Rapids Brand You Signs & Graphics, Grand Rapids Grand Butchers LLC, Grand Rapids G.E.T. Concrete Inc., Grand Rapids

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L & V Trailer Sales Inc., Grand Rapids Kuyper College, Grand Rapids RC Laser Weld LLC, Grandville The Depot Restaurant, Grant Hamilton Custom Wood Products Inc., Hamilton Polet’s Smoked Bones, Hamilton Metro Shoppers Market, Hamtramck Timbertech Stock Forms Inc., Harbor Springs Stillwell Ford Lincoln, Hillsdale Dry Dock Beverages, Holland K & R Truck Sales Inc., Holland Constellation Energy/Energy Now, IL Jenison Christian School, Jenison Rose Street Advisors LLC, Kalamazoo American Hoist Air-Lube Equipment Inc., Kentwood Michigan Millers Mutual Insurance Co., Lansing D & K Truck, Lansing XIAO China Grille, Lansing Foresight Group Inc., Lansing Arendsen Jewelers, Lansing Campbell Inc. Press Repair, Lansing Buy Rite Furniture & Appliance, Lansing Spiral Video Dance Bar, Lansing QOE Consulting PLC, Lansing Tominna LLC, Livonia JLH Lawncare & Landscaping LLC, Lowell West Shore Healthcare Foundation, Manistee All in One Builders Inc., Marne PHJ Collectibles, Marquette Susan L Micklaw DDS MS, Marquette Slicks Motor Sports LLC, Mason Pine Bluff Properties Condo Association, Mc Millan Ambiance Salon & Day Spa, Mount Pleasant Witt Buick Inc., Muskegon G & W Refrigeration Inc., Muskegon YMCA of Niles MI Inc., Niles Kelly Krueger DO PLLC, Novi Valley Dental Spa PLLC, Okemos Sunrise Communications LLC, Onaway Cloud Nine Cottages, Paradise GLCC Co., Paw Paw St Clair Packaging Inc., Port Huron LoPar LLC, Prudenville Herrington’s Waste Services Inc., Rockford Legends, Saginaw Air Tech Air Conditioning & Heating, Saint Clair Shores My American Address, Sault Ste Marie The Little Red House Inc., Spring Lake Sturgis Senior Center Inc., Sturgis Keen Technical Solutions, Traverse City Lakeways Market, Waterford PSTGP, West Bloomfield Holstine’s Butcher Block, Whittemore Back to Health Chiropractic Wellness Center, Zeeland

February 2014

LOTTERY

Retailers to share in growth of new iLottery services by M. Scott Bowen, Commissioner

The Michigan Lottery expects its 11,000 retailers to play a key role in the iLottery services that it is developing and to be positioned to benefit from the projected sales growth from the use of the digital channels. The potential is clear. Other countries and other states have seen overall lottery sales go up after they offered iLottery services, which allow players to enjoy their favorite games over the Internet and on mobile devices. The experience elsewhere has been that iLottery services boost public awareness and interest in lottery games, and that leads to increased sales in all channels. Stored Value Card A recent survey of Michigan Lottery players also found that iLottery services offer an opportunity to increase player visits to retailers. Going to a retailer to buy a “stored value card,” similar to a gift card, was listed as one of the top options for players when asked how they would prefer to pay for iLottery services. After buying such a card at a re-

tailer, a player would go to his or her online iLottery services account and enter a code from the card to add the purchase amount to the account and use it to pay for game plays. While no final decisions have been made about such stored value cards, we expect they also would provide a new commission opportunity for retailers. Plus, we plan to integrate retailers into iLottery services through promotions and other offerings. One option we’re exploring would be to offer iLottery players coupons for lottery products that they would redeem at their local retailers. Our schedule calls for iLottery services to be offered to players later this year. We will provide more details about the interaction between retailers and iLottery services as the project moves forward. I want to emphasize that the Michigan Lottery is committed to working with its retailers and is focused on creating an iLottery services structure that builds on our longstanding relationships and mutual success. Mutual Success That success is undeniable. In the 2013 fiscal year, Michigan Lottery sales hit a record $2.476 billion – the ninth straight year of $2 billion-plus

sales – and generated $734.3 million for the state School Aid Fund. The record sales also created a record commission total for retailers: $178.4 million. We’re able to have such success together for more than four decades because the Michigan Lottery is continually changing and evolving to meet the demands of its players and stay competitive in the entertainment marketplace. In today’s society, more and more consumers – including Lottery players – are turning to digital channels for business and for entertainment. Our challenge is to work together to go where our customers are with these digital channels and then incorporate this new approach with our existing businesses. These digital channels offer significant potential. The Players Club, which is offered through the Lottery’s website, has nearly 550,000 members. We’re seeing steadily increasing traffic to our website and recently launched a redesign of the website based on feedback from players across the state. The updated website is easier to use and provides more information, including a feature for players to locate retailers that offer specific instant tickets for sale.

“There is a reason why we have been helping retailers succeed for 100 years!” Judson Lynch, Co-CEO, Lynch Sales Company Since 1914, the family-owned Lynch Sales Company has delivered on our promise to help our retail clients succeed through Lynch promotional sales. I am particularly proud that many of those storeowners reward us with their repeat business, time and again. Contact us for details and receive a special, limited edition 100th anniversary commemorative as our gift. Plus, retailers who hold a Lynch ‘Sale of the Century’ during 2014 automatically become eligible for our Grand Prize of a trip for two to Ireland!

Providing iLottery services to players is the next logical step in the evolution of the Michigan Lottery. It will help the Lottery and its retailers meet the latest demands of players and stay relevant and competitive in the marketplace. Instants These tickets went on sale February 4: IG #688 Tripling Red 7’s ($3) IG #659 Triple Green Cashword ($5) IG #680 Diamond Wild Time ($5) IG #683 $2,000,000 Cash ($30) These tickets have expired: February 1, 2014, IG#604 Tripling Red Bingo ($2) February 3, 2014, IG#611 Hot $100s ($2) Retailers are reminded to activate instant ticket books before selling to ensure validation of the tickets. About 97 cents of every dollar spent on Lottery tickets is returned to the state in the form of contributions to the state School Aid Fund, prizes to players and commissions to retailers. In fiscal year 2013, the contribution to schools totaled $734.3 million. Since its inception in 1972, the Lottery has contributed over $18 billion to Michigan’s public education. For additional information, please visit the Lotter y’s website at www.michiganlottery.com.

On Sale Feb 10

Drawing April 15, 2014

$10

ONE $40,000 PRIZE TO BE AWARDED FOR EVERY 30,000 TICKETS SOLD! Plus for every 10,000 tickets sold: 17 prizes of $100

616 prizes of $50

1,033 prizes of $15

1 IN 6 TICKETS WINS* ALL of the $15, $50 and $100 prizes can be redeemed in-store! That means lots of happy players and lots of cashing commissions for retailers! Tickets cost $10 each, so retailers will also earn $0.60 on every ticket sold. And there is no limit to the number of tickets that can be sold – the more tickets you sell, the more you will earn.

HAPPY TAX DAY! The drawing will take place on April 15, 2014 – no exceptions! The total number of prizes will be awarded based on the total number of tickets sold. Winning numbers will be posted online at michiganlottery.com the day of the drawing.

The number of prizes grows and grows! Sold only in Michigan *Odds of winning depend on the total number of tickets sold through April 14, 2014. There will be one $40,000 prize for every 30,000 tickets sold. There will be 17 prizes of $100, 616 prizes of $50, and 1,033 prizes of $15 for every 10,000 tickets sold. If you bet more than you can afford to lose, you’ve got a problem. Call 1-800-270-7117 for confidential help. $40,000 winning ticket holders will receive a net prize amount. To arrive at the net prize value, the Lottery will hold and deposit on behalf of each prize winner the required state and federal income taxes on the gross prize. The federal income tax rate is subject to change and will be determined at the same time a prize winner files their claim. The Lottery is not responsible for additional taxes in excess of the amount withheld by the Lottery that may be due when a prize winner files all tax returns for the year the prize is claimed.