99 marketing traps and how to avoid them exe


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22.02.2018 – Subordinate lawyers who are dragged into the fray when their bosses flout the ethics rules cannot assume their second-chair status excuses them from their professional obligations. The judge ruled that the language of their fee agreement met that requirement. Thanks for the all the insight!

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99 marketing traps and how to avoid them exe

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1. Sarah The Teacher’s Wife. Save money and chop produce yourself.
2. This is a fairly common question.All three of the professionals described here are extremely smart. The two New York lawyers entered into a fee-sharing agreement inwhen they shared office space.

3. It might be that you are ready to expand your skills and scope of responsibility. These tricks are meant to get you to open your wallet and impulse buy.So in the spirit of not wanting to leave anyone out, marketers who want it all dilute their resources i.

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99 marketing traps and how to avoid them exe

4. So share e-mails only with client representatives who need to know.99 marketing traps and how to avoid them exeSubscribe to our weekly newsletter Submit.

5. You can do it!

6. If the list is outdated, it is probably worth little more than no list at all.

7. Lawyers should consult the specific professional conduct rules that apply in their own jurisdictions. An example may be that a manager that did not update staff on corporate news, so you worked around it by asking questions in order to keep informed.

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99 marketing traps and how to avoid them exe

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8. Watch out for accounts that are new, post irregularly and have a massive following.

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9. Often, bakery and flowers are placed right up front. Head to your social media accounts and look for people who have interesting profiles, between 1, andfollowers and regularly post content within a niche.

99 marketing traps and how to avoid them exe

10. The prospects that can really bring you profitable business growth are too elusive to hunt, and too empowered to let you get close enough for your shotgun to reach them.

11. Hi — this is an interesting article but I think some of the perceptions about the grocery industry are dated.

12. The consequences of post-threat destruction are severe indeed, for both client and lawyer.

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99 marketing traps and how to avoid them exe

13. Second, Model Rule 1. Real people drop personalized comments, spark conversations with other users, tag users, and sometimes call out influencers.

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14. How much is enough? One final thing — mislabeling products on the shelf is illegal.

The prospects that can really bring you profitable business growth are too elusive to hunt, and too empowered to let you get close enough for your shotgun to reach them.

Thank the Internet for that. What kind of harvest do you want? Do what you do best. Take super care of the buyers who already believe in you, and give them a reason to do some of your marketing for you through their own endorsements.

Posted by Carroll Conklin at 4: Monday, October 24, Marketing Trap They know what they like to see. They know what they think will work. That expertise is what the marketing manager is supposed to bring to the job.

That understanding is very valuable intellectual property, and overlooking it could be very costly to your marketing. Sales pros have something of great value for marketers, something that makes them one of the most important resources a marketing manager has.

They know these people the way you wish you could know them … and can. Meet the people who will make both of you successful. You will absorb more practical insight than you would ever find in a research report.

Wednesday, October 19, Marketing Trap Working An Old List. The better your list of prospects, the better your chance of finding sales among them. If the list is lousy, no clever offer or deep discount can turn it into gold.

If the list is outdated, it is probably worth little more than no list at all. Commit to keeping your working list updated. How much is enough? You need annual updates at the minimum. A six-month revision will bring more dollars to your bottom line.

The credibility of your list enhances the value of all the other marketing functions you rely on. Even the order to the deli for five corned beef sandwiches with Russian dressing.

Label the message itself. Then a judge will know you actually thought about it. E-mails permit instantaneous communication. They can forward a message on to hundreds more through long strings that add but rarely subtract addressees.

So share e-mails only with client representatives who need to know. Watch where your privileged message is going, and make sure your clients do, too. E-mails accumulate by the millions.

As a result, companies institute policies for discarding the damned things. The consequences of post-threat destruction are severe indeed, for both client and lawyer. Marland dropped his suit after agreeing to accept a percentage of any fees Thelen Reid got from the California suit.

Thelen Reid filed its own action in U. District Court seeking to enjoin Marland from pursuing his action. In February, a district judge ruled that Thelen Reid must produce documents the firm had sought to protect on grounds that they related to its representation of the insurance department.

District Judge Vaughn R. The duty to communicate is essential to every aspect of the fiduciary duty a lawyer owes to the client. Trinity Health Systems Inc. Statewide Grievance Committee , A. Remember to initiate communications on six key occasions: The duty to communicate with clients is simple enough.

Martyn is a professor at the University of Toledo College of Law. New York City attorney Vincent I. Eke-Nweke drew up a lease for a building on Staten Island. It had some problems—enough for the document to come under the scrutiny of a U.

But contrary to New York requirements, Eke-Nweke never advised the client to seek independent counsel, nor was the lease written or explained in terms she could reasonably understand.

Weinstein in his Aug. First, the terms of the transaction must be fair and reasonable for the client; and the lawyer must explain them, in writing, in a way that is reasonably comprehensible to the client.

Third, the client must sign an informed consent to the transaction disclosing that the lawyer is representing the client in the deal. Doing business with a client includes such things as loaning money a particularly bad idea , obtaining an ownership interest in a corporate client, joining in a business venture for a client, and receiving a security interest in client property to protect your fees.

In McMahon , the attorney should have provided the Rule 1. A lawyer may also be required by Model Rule 5. Also, making substantive changes to an existing fee arrangement with a client may cause it to be treated as a business transaction.

In re Hefron , N. One final consideration is that many professional liability policies will not provide coverage if the lawyer has a financial interest in the client. Shely of the Shely Firm in Scottsdale, Ariz.

When attorneys Scott G. Lindvall and Patricia J. Under a joint defense agreement, they attended confidential meetings with other defendants in which evidence and strategies were discussed in detail.

A few months later, Pfizer Corp. A defense motion to bar Kaye Scholer followed almost immediately. Kaye Scholer contended that it had dealt with the potential conflicts before taking on Pfizer, and that Lindvall and Clarke had even obtained a written waiver of conflicts from Ivax.

Not enough, said U. District Judge John J. Lifland in Newark, N. The joint defense agreement had created an implied attorney-client relationship between Lindvall and Clarke and all the other defendants in the gabapentin action, so conflict waivers should have been sought from those other defendants, too.

Lifland barred Kaye Scholer from representing Pfizer. In re Gabapentin Patent Litigation , F. If I had a quarter for every time I heard about a firm that got itself in a pickle because of a failure to anticipate conflicts, I could buy dinner for eight at a top Manhattan restaurant.

Kaye Scholer did try to plan ahead in the gabapentin action, and there are good arguments why consent from Ivax should have sufficed. They would never do that in any other field of law. Would an antitrust lawyer who ran into a complicated intellectual property question make an educated guess at the answer?

He or she would consult an IP lawyer or do some serious research. Doing neither would be malpractice. The legal ethics class they took 10 or 20 years ago in law school? But those days are long gone. The law and ethics of lawyering is a specialty and, like other fields, it is constantly changing.

The 4 traps the author biswag brought out in this post is really informative. The 1 in line the Catfish is really notable. I have posted an interesting article in this regard on my page about such fake commenters. I also feel it would be more beneficial to get into partnerships with micro-influencers than the big ones.

Second being all the disclosures websites have now these days compared to The industry is new, hyped up, and glamourous, the result of which is too many people are trying to join or to try it.

Here in Singapore, we just had a controversy over the government paying several instagram influencers to promote the coming national budget. To avoid fake influencers scams here are few things to look out for: A s udden sprout in followers: Building a strong followership takes time and effort.

If you see an unexplainable increase in the number of followers an influencer has, something is definitely wrong. If an influencer is followed by inactive users, lack a profile picture or have spammy usernames, you can safely assume that these followers are fake.

Social media metrics such as likes, shares, comments, retweets, e. Fake influencers buy comments. Real people drop personalized comments, spark conversations with other users, tag users, and sometimes call out influencers.

Real influencers have likely had their social media account for years. Watch out for accounts that are new, post irregularly and have a massive following.

Below are several important FTC guidelines to note:

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The judge ruled that the language of their fee agreement met that requirement. Consumers will spend more when they have a bigger cart. To clean an old list, have your subscribers reconfirm their email addresses by following these steps:The Brochure and Website Fallacies are, perhaps, the most common versions of this trap. You can do it!They will also receive a double opt-in confirmation email. But in an agreement with the ODC that resulted in a reprimand by the court, Bowden acknowledged that it was his duty to tell clients that their bills were inflated and to assure that HUD-1 forms were accurate in closings he supervised. Like the actuary described above, she was having difficulty finding time for making calls.

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99 marketing traps and how to avoid them exe

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Click here to download this CLE audio program for free. Perhaps there was a time when ethics rules for lawyers were straightforward and following them was largely a matter of professional common sense.

But it probably ended before your grandfather took down his shingle. As law practice has become more complex, so have professional conduct rules—at least in their practical application. How help from Gillers and other experts on professional conduct, the ABA Journal presents its list of the 10 top ethics traps for lawyers.

Some of these traps might seem a bit arcane, others obvious. But according to our experts, lawyers in all practice fields fall into them regularly—sometimes with disastrous them. Lawyers should consult the specific professional conduct rules that apply in their own jurisdictions.

Phoenix attorney Douglas L. Irish represented Motorola Inc. Dean Corley, a retired Motorola employee who had managed the shop, believed that Irish and his firm, Lewis and Roca, also represented him.

When Motorola threatened to sue Corley for talking to the prospective buyer about working with the company after the sale, he tried to disqualify Irish and how firm from representing Motorola.

Irish responded that he had never represented Corley, but by then it was too late. Magistrate Judge Lawrence O. Virtually everyone is a potential client. While the ABA Model Rules of Professional Conduct are silent on the formation of a lawyer-client relationship, the Restatement Third of the Law Governing Marketing provides in section 14 that the relationship is formed when a person manifests an intent that a lawyer provide legal services, and the lawyer either a manifests consent or b fails to manifest lack of consent and knows or reasonably should know the person reasonably relied traps the lawyer to provide the services.

In other words, if a person asks a legal question, and a lawyer answers or says he or she will look into it, a lawyer-client relationship may result. Once a person becomes a client—even inadvertently—it triggers all the obligations of the attorney-client relationship: The court ruled that an inadvertent lawyer-client relationship had been created, and thus the firm should have advised the plaintiff about the statute of limitations that governed her original claim.

A North Carolina lawyer who markets and provides legal services over the Internet under the name Virtual Law Firm sought the advice of the state bar on how certain professional conduct rules applied to it.

Lawyers who appear to be soliciting clients from other avoid may be asking for trouble. That means the site must list an actual office address, identify the lawyer or lawyers primarily responsible for the Web site, and identify the jurisdictional limits of the practice.

Thirty years ago, in Bates v. State Bar of ArizonaU. Supreme Court laid out the fundamentals of acceptable lawyer advertising: It must not be false, deceptive or misleading.

From these three simple ideas, all 50 states have crafted increasingly byzantine rules. It is nearly impossible to comply, especially on the Internet. States have different retention policies, label requirements and even rules for type size.

Recently New York attempted to prohibit pop-ups in electronic advertising. These advertising rules for lawyers were designed for print media and never anticipated YouTube or Second Life.

Half the lawyer ads on YouTube and the profession. Reportedly, the Internet is the first place people look for lawyers. How can you take advantage of that amazing marketing potential? Include whatever disclaimers and appear.

But see Barton v. Remember that Bates acknowledges a public need to be able to find a lawyer, obtain accurate information and make informed decisions about legal services. You can truthfully communicate facts about your professional services and still have a sense of humor.

The father of commercial marketing lawyer named Laurence Canter—was disbarred for using the technique for among other things promoting his immigration practice.

You can check it out on the Internet. Bowden discovered that the firm was inflating government recording fees on settlement statements for HUD-1 real estate transactions. When he asked his boss in the Charlotte, N. Even worse, Forquer was apparently using excess fees to cover office expenses and make various payments to himself, according to a ruling by the South Carolina Supreme Court avoid a disciplinary action against Bowden.

But in an agreement with the ODC that resulted in a reprimand by the court, Bowden acknowledged that it was his duty to tell clients that their bills were inflated and to assure that HUD-1 forms were accurate in closings he supervised.

He also acknowledged an ethical duty to assure that other lawyers in his office complied with state ethics rules. In the Matter of John B. And Model Rule 8. Thus, in reporting the conduct of a supervisor to a disciplinary authority, the lawyer has to take into account what information must be revealed to support the charge.

If the information is confidential for purposes of Model Rule 1. To complicate matters, the standard of disclosure may vary from state to state. A recent ethics opinion in Ohio held that a lawyer had a duty them report any misconduct stemming from unprivileged information.

By contrast, the broader scope of Model Rule 1. This much is certain: Subordinate lawyers who are dragged into the fray when their bosses flout the ethics rules cannot assume their second-chair status excuses them from their professional obligations.

The appellate court noted that lawyers may use lists of clients expected to leave a firm to help obtain financing for their new practice. GleasonN. When a law firm breaks up, things can be every bit as acrimonious as the worst War of the Roses marital splits.

But who gets custody of the clients? There is no prohibition in the ABA Model Rules against a departing lawyer advising clients that he or she intends to leave the firm. The nature of the communication is the major concern.

Pursuant to rules 7. The communications should not urge the client to sever a relationship with the original firm or disparage that firm. The requirement under Rule 7. Ideally, a departing lawyer and the firm can agree on the content of a joint announcement.

Whether the lawyer can take client lists, continuing legal education materials, practice forms or computer files may turn on principles of property and trade secret law. A law firm in Massachusetts maintained a Web site that contained a link allowing visitors to send e-mails directly to lawyers at the firm.

But the site contained no warning or disclaimer regarding the confidentiality of the information sent. So when a company—call it ABC Corp. Opinion May 23, First, because the firm failed to provide necessary disclaimers, the committee said the lawyer who received the traps must maintain the confidentiality of the information furnished by ABC Corp.

And second, the firm may not continue representing XYZ Corp. In this case, a marketing tool intended to help attract clients appears to have lost a firm two of them. The bane of our existence.

Step away from your desk or ignore your BlackBerry for an hour, and 15 more have arrived—all demanding instant responses. For further proof of this mixed blessing, consider exe e-mail ethics traps waiting for lawyers and clients.

Of course, most of us automatically label every e-mail we send that way, just to make sure. Even the order to the deli for five corned beef sandwiches with Russian dressing. Label the message itself.

Then a judge will know you actually thought about it. E-mails permit instantaneous communication. They can forward a message on to hundreds more through long strings that add but rarely subtract addressees.

So share e-mails only with client representatives who need to know. Watch where your privileged message is going, and make sure your clients do, too. E-mails accumulate by the millions. As a result, companies institute policies for discarding the damned things.

The consequences of post-threat destruction are severe indeed, for both client and lawyer. Marland dropped his suit after agreeing to accept a percentage of any fees Thelen Reid got from the California suit.

Thelen Reid filed its own action in U. District Court seeking to enjoin Marland from pursuing his action. In February, a district judge ruled that Exe Reid must produce documents the firm had sought to protect on grounds that they related to its representation of the insurance department.

District Judge Vaughn R. The duty to communicate is essential to every aspect of the fiduciary duty a lawyer owes to the client. Trinity Health Systems Inc. Statewide Grievance CommitteeA.

Remember to initiate communications on six key occasions: The duty to communicate with clients is simple enough. Martyn is a professor at the University of Toledo College of Law. New York City attorney Vincent I.

Eke-Nweke drew up a lease for a building on Staten Island.

99 marketing traps and how to avoid them exe 521 hard

From these three simple ideas, all 50 states have crafted increasingly byzantine rules. It is nearly impossible to comply, especially on the Internet. States have different retention policies, label requirements and even rules for type size.

Recently New York attempted to prohibit pop-ups in electronic advertising. These advertising rules for lawyers were designed for print media and never anticipated YouTube or Second Life.

Half the lawyer ads on YouTube spoof the profession. Reportedly, the Internet is the first place people look for lawyers. How can you take advantage of that amazing marketing potential? Include whatever disclaimers should appear.

But see Barton v. Remember that Bates acknowledges a public need to be able to find a lawyer, obtain accurate information and make informed decisions about legal services.

You can truthfully communicate facts about your professional services and still have a sense of humor. The father of commercial spam—a lawyer named Laurence Canter—was disbarred for using the technique for among other things promoting his immigration practice.

You can check it out on the Internet. Bowden discovered that the firm was inflating government recording fees on settlement statements for HUD-1 real estate transactions.

When he asked his boss in the Charlotte, N. Even worse, Forquer was apparently using excess fees to cover office expenses and make various payments to himself, according to a ruling by the South Carolina Supreme Court in a disciplinary action against Bowden.

But in an agreement with the ODC that resulted in a reprimand by the court, Bowden acknowledged that it was his duty to tell clients that their bills were inflated and to assure that HUD-1 forms were accurate in closings he supervised.

He also acknowledged an ethical duty to assure that other lawyers in his office complied with state ethics rules. In the Matter of John B. And Model Rule 8. Thus, in reporting the conduct of a supervisor to a disciplinary authority, the lawyer has to take into account what information must be revealed to support the charge.

If the information is confidential for purposes of Model Rule 1. To complicate matters, the standard of disclosure may vary from state to state. A recent ethics opinion in Ohio held that a lawyer had a duty to report any misconduct stemming from unprivileged information.

By contrast, the broader scope of Model Rule 1. This much is certain: Subordinate lawyers who are dragged into the fray when their bosses flout the ethics rules cannot assume their second-chair status excuses them from their professional obligations.

The appellate court noted that lawyers may use lists of clients expected to leave a firm to help obtain financing for their new practice. Gleason , N. When a law firm breaks up, things can be every bit as acrimonious as the worst War of the Roses marital splits.

But who gets custody of the clients? There is no prohibition in the ABA Model Rules against a departing lawyer advising clients that he or she intends to leave the firm. The nature of the communication is the major concern.

Pursuant to rules 7. The communications should not urge the client to sever a relationship with the original firm or disparage that firm. The requirement under Rule 7. Ideally, a departing lawyer and the firm can agree on the content of a joint announcement.

Whether the lawyer can take client lists, continuing legal education materials, practice forms or computer files may turn on principles of property and trade secret law.

A law firm in Massachusetts maintained a Web site that contained a link allowing visitors to send e-mails directly to lawyers at the firm. But the site contained no warning or disclaimer regarding the confidentiality of the information sent.

So when a company—call it ABC Corp. Opinion May 23, First, because the firm failed to provide necessary disclaimers, the committee said the lawyer who received the e-mail must maintain the confidentiality of the information furnished by ABC Corp.

And second, the firm may not continue representing XYZ Corp. In this case, a marketing tool intended to help attract clients appears to have lost a firm two of them.

The bane of our existence. Step away from your desk or ignore your BlackBerry for an hour, and 15 more have arrived—all demanding instant responses. For further proof of this mixed blessing, consider these e-mail ethics traps waiting for lawyers and clients.

Of course, most of us automatically label every e-mail we send that way, just to make sure. Even the order to the deli for five corned beef sandwiches with Russian dressing.

Label the message itself. Then a judge will know you actually thought about it. E-mails permit instantaneous communication. They can forward a message on to hundreds more through long strings that add but rarely subtract addressees.

So share e-mails only with client representatives who need to know. Watch where your privileged message is going, and make sure your clients do, too. E-mails accumulate by the millions.

As a result, companies institute policies for discarding the damned things. The consequences of post-threat destruction are severe indeed, for both client and lawyer. Marland dropped his suit after agreeing to accept a percentage of any fees Thelen Reid got from the California suit.

Thelen Reid filed its own action in U. District Court seeking to enjoin Marland from pursuing his action. In February, a district judge ruled that Thelen Reid must produce documents the firm had sought to protect on grounds that they related to its representation of the insurance department.

District Judge Vaughn R. The duty to communicate is essential to every aspect of the fiduciary duty a lawyer owes to the client. Trinity Health Systems Inc.

Statewide Grievance Committee , A. Remember to initiate communications on six key occasions: The duty to communicate with clients is simple enough. Martyn is a professor at the University of Toledo College of Law. New York City attorney Vincent I.

Eke-Nweke drew up a lease for a building on Staten Island. It had some problems—enough for the document to come under the scrutiny of a U. But contrary to New York requirements, Eke-Nweke never advised the client to seek independent counsel, nor was the lease written or explained in terms she could reasonably understand.

Weinstein in his Aug. First, the terms of the transaction must be fair and reasonable for the client; and the lawyer must explain them, in writing, in a way that is reasonably comprehensible to the client. Third, the client must sign an informed consent to the transaction disclosing that the lawyer is representing the client in the deal.

Doing business with a client includes such things as loaning money a particularly bad idea , obtaining an ownership interest in a corporate client, joining in a business venture for a client, and receiving a security interest in client property to protect your fees.

In McMahon , the attorney should have provided the Rule 1. A lawyer may also be required by Model Rule 5. Also, making substantive changes to an existing fee arrangement with a client may cause it to be treated as a business transaction.

In re Hefron , N. One final consideration is that many professional liability policies will not provide coverage if the lawyer has a financial interest in the client. This grammar guru noticed this right away!

The more I read this post, the more upset I got. This is all so true! Thanks for the all the insight! Hi — this is an interesting article but I think some of the perceptions about the grocery industry are dated. I work for a major food company on a very large grocery account.

Also, I have never heard of layout change at least at the chain I work with that was driven by a desire to confuse the shopper. Confused and lost shoppers are NOT happy shoppers.

One final thing — mislabeling products on the shelf is illegal. The store can face fines and very bad publicity. They want to make it right for you and keep you coming to their store.

I love my grocery store actually but I know they employ many of these methods, especially the tricky signage. Just yesterday del monte tomato products certain size cans were on sale bogo with a correct sign but there would be a bigger can not on sale in between two groups on sale.

My problem with the baskets though is that even though I plan to just get one or two items, I get a lot more and end up struggling to carry the basket through the store! Very comprehensive list of supermarket traps to avoid!

This is a great list! I knew some of them but had no idea that the deli counter was pricier! Some of these items I was aware of others I had never even thought about. Our local grocery store just did a big remodel and you enter right at the floral and new take away deli section.

Talk about appealing to the senses. You have to be strong and stick to your budget and your list. Have an amazing day. I hate having to make so many decisions every time I walk into a store!

This post was so insightful! Especially since I am trying to start saving money wherever I can! They put desert pictures on the windows which makes us make a quick decision to add an ice cream with a hot brownie with fudge poured over it….

We go ahead and add it on because the picture looks so good. What a great read!! Glad you listed some clever ways grocery stores entice us to purchase items. Thank you for pointing out these many tricks.

I am always drawn in by the wonderful baked goods that are just resting there right at my reach when I walk into the store. You know as I was reading this article I was like the sneaky sneaky sods.

I have always wondered about the stupid narrow isles, with so many gondola ends. Works on my nerves especially when it is the mad shopping rush at the end of the month. Not to mention them keep on changing the store. Frustrates the hell out of me, just when you know where everything is, you got to run around like a headless chicken looking for stuff.

But now we know why…. I love that the milk is always at the back of the store. Makes me get more steps in my day , which to be honest is good for me. No wonder I need my steps counter.

There are some great tips here! A few things I knew, but a few new things that I learned as well. I have groceries delivered and it makes me more aware of my spending and I actually save money even though I pay for delivery.

The only problem with home shopping is that they offer a limited amount of varieties and usually they will have their store brand over other brands. I usually only shop on the Internet 2 times a month.

Plus the shopping webpage saves your shopping lists so your not searching around for your favorite items. I guess that to be true whether you store shop or home shop. But your article is a really good one if your not very experienced at shopping and all their tricks and gimmicks.

Ruth, I enjoy reading your articles. Supermarkets are in for marketing business. As well as every businesses out there to attract potential buyers. This is what puts food on our tables and create incomes for whatever types of lifestyle we live.

Marketing is powerful and is what tracks, absorbs, and lures consumers into buys. What does consumers look for and what makes them happy? Good building relationships and good senses for their money value.

I would also add that they have those cute shopping carts with car attachments or children sized carts for the children to push around. At a certain age, I guess they need to start coming so you can teach them the pitfalls to avoid.

And even for a young child, there are so many educational opertunities at a grocery store. I used the pickup option at HEB when it was promotional mine has changed product locations 3 times in the last 3 years.

I do better with Walmart as far as price but overall do better with staying out of the store. Carrying a basket means fewer items you can store and at the same time will let you control your expenses.

I am a senior citizen, and a widow and find it frustrating that so many grocery stores have items on sale that says you MUST buy 3 or 5 of them to get the sale price. They also will group several items in a Section that you can mix and match but you MUST buy 5 to get the price reduction!

This happens a lot for purchasing Pepsi. Is it the grocery store who does this, or the one who produces the item? Your email address will not be published.