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    Four reasons why the consumer is so confusing — and what that may mean for retail earnings

    Home Depot, Walmart and Target will report quarterly earnings this week.
    Retailers will share more insights about spending patterns, as investors weigh conflicting factors such as high food prices and low unemployment.
    Economists at Bank of America and JPMorgan Chase recently scrapped calls for a recession.

    People walk through a nearly empty shopping mall in Waterbury, Connecticut.
    Getty Images

    High food prices. Low unemployment. And eye-popping spending on concert tickets and European trips.
    Retailers are chasing shoppers as they navigate contradictory dynamics like cooling inflation, rising interest rates and pandemic-induced jolts to the way people live, work and shop.

    That has made it tricky to predict consumer spending.
    “We’ve been dealing with massive imbalances in the economy and big shifts in spending patterns, investment patterns, supply disruptions, all of that stuff. And then the reversal of all of those shocks,” said Aditya Bhave, a senior U.S. economist at Bank of America. “So that’s been the big challenge.”
    The swirl of confusing trends tees up a closely watched retail earnings season that could offer more clarity about consumers and the economy. Home Depot, Target and Walmart will kick it off this week, followed by other major retailers like Lowe’s, Best Buy and Macy’s.
    The reports come as opinions about the economy have grown more optimistic. Economists at Bank of America and JPMorgan recently scrapped calls for a recession this year. Wall Street investors have rallied behind calls for a “soft landing,” or a successful effort by the Federal Reserve to slow down the economy and higher prices by raising rates — but without tipping the country into a sharp economic downturn.
    Yet concerns linger. Andrew Garthwaite, global equity strategist at Credit Suisse, predicted in a note to clients last week that the U.S. economy will head into a recession next year and drag down stocks.

    As the biggest U.S. retailers gear up to report earnings, here are four reasons why consumer spending and those companies’ sales have become harder to predict:

    Inflation is cooling, but necessities are still pricey

    Americans got some good news recently: prices aren’t going up as much as they used to be. That trend may make shoppers go to stores for more wants rather than needs.
    The consumer price index, which tracks the prices consumers pay for a key basket of goods and services, rose 3.2% in July compared with a year ago, the Bureau of Labor Statistics reported Thursday. That’s a much more modest increase than the 40-year inflation highs that consumers dealt with about a year ago.
    Some brands have even spoken about cutting prices. For example, denim maker Levi Strauss’ CEO, Chip Bergh, said in a CNBC interview last month that the company will reduce the cost of about a half dozen items, including 502 and 512 jeans, by $10. More price-sensitive shoppers typically buy those items, he said.

    Yet Americans are still spending more on just about everything, even as wages start to rise at a higher rate than prices. Those more expensive items include necessities like groceries, housing and cars. For example, prices for food at home have shot up 25% compared with before the pandemic in January 2019, according to an analysis of U.S. Bureau of Labor data.
    Even Levi’s reflects that. The jeans that it plans to price lower will be sold at $69.50 after the reduction — more than the $59.50 they went for pre-pandemic.
    Questions about cooling inflation and price changes, and how they will affect consumer spending, will likely come up during the analyst question-and-answer session on every retailer’s earnings call, said Michael Baker, a retail analyst at D.A. Davidson. Slower inflation, while good for consumers, will make retailers’ sales numbers look weaker in the coming quarters, even if a company sells the same number of units.
    The silver lining? If prices rise by smaller amounts or even fall, consumers may spend more freely. Target, Walmart and Macy’s have spoken for the past few quarters about customers who have skipped big-ticket purchases, such as clothing and electronics, as they spend more on necessities.
    Consumers could decide to splurge again just in time for the crucial holiday season, Baker said.

    Credit card balances have shot up, but so have wages

    Many consumers may have pinched pennies — but shoppers are still racking up some big bills.
    Americans’ credit card balances topped $1 trillion for the first time ever, according to new data released last week by the New York Federal Reserve. That raises fresh questions about whether consumers can afford to keep up their spending habits at retailers’ stores and websites — or will have to cut back.

    High debt could get people into trouble, if they can’t afford to pay down their balances and rack up interest charges each month. The average interest rate for U.S. credit cards has spiked to nearly 21%, according to the Federal Reserve Board. That’s a more than 6 percentage point jump in the past 18 months, driven by the rate hikes the Fed has used to tame inflation.
    On top of credit card balances, millions of Americans will resume student loan payments this fall. Those installments were frozen for more than three years because of the pandemic.

    Bhave, the Bank of America economist, said there’s no need to panic. Americans have bigger bills because inflation has driven up prices. But many people also make more money than they used to.
    Thanks to a tight labor market, Americans’ wages have risen significantly over the past two years. As inflation cools, the growth of average hourly earnings has begun to outpace the rise in the consumer price index.
    People may grumble a lot about higher prices, but they still have jobs, Baker said. He called low unemployment “the big offset that’s helped consumer spending hang in.”

    Spending on experiences is up, but it may spark new purchases of goods

    From splashing out on Taylor Swift concert tickets to taking two-week trips to Italy, Americans are shelling out on experiences after years cooped up at home.
    Just ask the airlines.
    But what does that mean for specific retailers? U.S. consumers are now spending more of their personal income on services and less on goods — a reversal of the trends during the Covid pandemic.

    Yet retail sales, while decelerating, have been stronger than some feared.
    “There’s no denying that sales are slowing, which in and of itself one might think is not great, but I actually think it’s pretty healthy,” D.A. Davidson’s Baker said. “Nothing seems to be slowing such that it’s falling off the table.”

    He said softening retail sales could signal the U.S. is on track to avoid a recession because it may stop the Fed from raising interest rates further. Ultimately, that would be good for both retailers and consumers, he said.
    Nikki Baird, vice president of strategy at retail-focused software company Aptos, said she’s been surprised by consumers’ resilience. Even as Americans juggle expenses like dining out and going on vacation, they are still shopping.
    “I thought with all of the revenge travel that’s been happening, that would impact consumer spending on goods,” she said. “But I guess they were [in a] ‘If I’m gonna go on that cruise, I need a new dress’ kind of mentality.”
    The pandemic shocked buying patterns, but more big-ticket purchases could be coming
    A new iPhone, a trendy outfit, or a broken dishwasher.
    Retailers often get a bump when seasons change, new products debut and old items break. Yet the pandemic disrupted the typical cadence of purchases – and is still messing with retailers’ sales patterns.
    For example, many Americans bought pricier and longer-lasting items like kitchen appliances, furniture and laptops when they had stimulus dollars in their bank accounts and faced long stays at home. Now, consumers may be closer to refreshing pricier items bought during the pandemic, and it could be a boon for many major retailers.
    Best Buy CEO Corie Barry said in late May that she anticipates lower demand this year for the company’s big-ticket electronics. But she is hopeful the replacement cycle will pick up again next year.
    In the nearer term, two seasonal factors could help. Retailers, including Walmart and Target, may get a bump from early back-to-school spending – especially from college students getting headboards, coffeemakers and more. Home Depot and Lowe’s just got through the springtime, the holiday season of home improvement when homeowners spruce up yards and contractors take advantage of better weather.
    The ripple effects of the pandemic will still affect retailers’ outlooks for the rest of the year. The government stimulus dollars that served as a lifeline for many and fueled discretionary purchases for others have dwindled. The personal savings rate in the U.S. is less than half what it was before Covid, after Americans socked away money early in the pandemic and then felt more financially secure because of a tight labor market.

    The pause on student loan payments likely supported higher levels of discretionary spending for the last three years, too, said Baird of Aptos. Since those payments resume this fall, that could factor into retailers’ forecasts for the back half of the year.
    — CNBC’s Leslie Josephs, Jeff Cox and Gabrielle Fonrouge contributed to this report. More

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    CBS News names Wendy McMahon as new chief

    Wendy McMahon is expanding her role at CBS News, and taking over as CEO and president.
    She will also lead CBS’ stations and CBS Media Ventures.
    McMahon will also oversee first-run entertainment series like “Jeopardy!” and “Wheel of Fortune,”

    Wendy McMahon, President and Co-Head of CBS News and Stations.
    Michele Crowe | CBS | Getty Images

    CBS News on Monday named Wendy McMahon as its CEO and president.
    The role expands McMahon’s prior role as co-president to having solo oversight over CBS News and its stations. Previously, McMahon shared responsibilities with Neeraj Khemlani, who on Sunday told staff he was stepping down.

    Since 2021, McMahon served as co-president with Khemlani, and both were responsible for running CBS News as well as popular shows like “60 Minutes” and “Face the Nation.”
    On Sunday, Khemlani told employees that he was leaving his current role for a new “multi-year first-look” deal with CBS where he will develop content such as documentaries, scripted series and books for Simon & Schuster.
    Last week, CBS News parent Paramount announced it was selling book publisher Simon & Schuster to private equity giant KKR.
    McMahon will be in charge of all of CBS News’ broadcast and streaming operations, as well as its 27 local TV stations, 14 local streaming channels and syndication programming. She’ll also oversee content licensing to TV stations and the division’s national ad sales business.
    In addition, McMahon will oversee first-run entertainment series like “Jeopardy!” and “Wheel of Fortune,” as well as “Entertainment Tonight” and “The Drew Barrymore Show.” CBS Radio and CBS Newspath will also fall under her purview.
    McMahon also previously shared responsibilities with Steven LoCascio, president of CBS Media Ventures. LoCascio announced Monday his plans to retire at the end of his contract. McMahon will was also named president of CBS Media Ventures. More

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    Kraft Heinz picks new CEO as sales slump in the face of higher prices

    Kraft Heinz has tapped Carlos Abrams-Rivera, the company’s North American president, as its next chief executive, effective Jan. 1.
    The food giant has seen demand for its products slump as budget-conscious shoppers shy away from its higher prices.
    Current CEO Miguel Patricio will stay on as chair of the board after stepping down.

    Carlos Abrams-Rivera, Kraft Heinz
    Source: CNBC

    Kraft Heinz’s North American president will become CEO of the food giant next year, the company announced Monday.
    Carlos Abrams-Rivera will take the reins Jan. 1 from Miguel Patricio, who has led Kraft Heinz since 2019. Patricio took over as chief executive as Kraft Heinz struggled with slumping sales, write-downs on a handful of its iconic brands and investor scrutiny over its business model.

    Under Patricio’s leadership, the company has tried to revive iconic brands such as Oscar Mayer and Maxwell House for younger consumers and grow its away-from-home business, with new products such as a customizable sauce dispenser for restaurants. But demand for its products has fallen in recent months as higher prices push away budget-conscious consumers and its competitors spend more on promotions.
    Kraft Heinz shares have fallen 15% this year, dragging its market value down to $42.2 billion. The S&P 500 has risen 16% during that period.
    The promotion is a full-circle moment for Abrams-Rivera, who began his food industry career at Kraft, managing brands such as California Pizza Kitchen and Philadelphia Cream Cheese, according to his LinkedIn. Later, he led Mondelez’s Latin American gum and candy division and Campbell Soup’s snack business. He rejoined Kraft Heinz as head of its U.S. zone in February 2020, just before the Covid-19 pandemic helped rejuvenate demand for many of the company’s products.
    “Since joining Kraft Heinz in 2020, [Carlos] has consistently delivered strong results in the North American retail and Away From Home businesses,” Patricio said in a statement. “Carlos’ experience in both developed and emerging markets complements our ambition for growth.”
    Ahead of the CEO transition Jan. 1, Abrams-Rivera will become president of Kraft Heinz, adding new responsibilities to his current role. Patricio will stay on as chair of the board after he steps down in the new year. More

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    Ford hires Apple veteran to lead consumer software efforts

    Ford said Monday that it has hired Apple veteran Peter Stern to lead a newly created division focused on developing and marketing software-enabled customer experiences for the automaker.
    Stern, who most recently served as vice president of services at Apple, will be president of “Ford Integrated Services.
    Stern will report directly to CEO Jim Farley, who has added a slew of executives from outside the automotive industry to his management team to assist in implementing his Ford+ restructuring plan.

    An electric Ford truck is displayed during the Electrify Expo In D.C. on July 23, 2023 in Washington, DC.
    Nathan Howard | Getty Images

    DETROIT – Ford Motor said Monday that it has hired Apple veteran Peter Stern to lead a newly created division focused on developing and marketing software-enabled customer experiences for the automaker.
    Stern, who most recently served as vice president of services at Apple, will be president of “Ford Integrated Services.” He starts with the automaker immediately.

    Monetizing emerging software offerings such as advanced driver-assist systems as well as other safety and convenience features is viewed as a major challenge for automakers, as they try to increase reoccurring revenue through software subscriptions.
    “This is transformational, because the cornerstone of our Ford+ plan is creating incredible customer services and experiences enabled by great hardware and software,” Ford CEO Jim Farley said in a release. “There’s simply no one in the world better able than Peter Stern to build this strategically vital part of our business.”
    Farley said during a call with reporters after the announcement that revenue from current software services is in the hundreds of millions of dollars, with gross margins of more than 50%. He said the company has roughly 550,000 paid subscribers.
    “We expect to 10x that in the coming years just based on the growth we see,” Farley said Monday.
    Stern said he will be focused on “customer experiences that feel like magic.” He said such services will deliver incremental revenue with high margins.

    “I have tremendous faith in our ability to not only deliver a great experience in the future but also to build on the foundation that I’ve seen today that are already quite strong,” Stern said. “I feel nothing but optimism from where I sit.”

    Stock chart icon

    Ford’s stock in 2023

    Farley has added a slew of executives from outside the automotive industry to his management team – many from the tech sector – to assist in implementing the company’s Ford+ restructuring plan.
    Most notably, Farley poached former Tesla and Apple executive Doug Field to lead Ford’s technology efforts. Stern said he and Field, who serves as chief advanced product development and technology officer, “will be tied at the hip” in their roles at Ford.
    Ford has been restructuring its operations for several years under its Ford+ plan, led by Farley. The plan is focused on making the automaker’s operations more efficient, while better positioning Ford for investments in electric vehicles, software and other emerging technologies.
    Stern served as vice president of services at Apple for more than six years through January, overseeing efforts such as Apple TV+, Apple News+, Apple Arcade, Apple Fitness+, MLS Season Pass and Apple One. More

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    Fox Chief Legal Officer Viet Dinh to step down months after Dominion settlement

    Viet Dinh will step down as Fox Corp.’s chief legal and policy officer.
    The departure comes in the months following Fox and its cable networks’ $787.5 million settlement with Dominion Voting Systems to end the defamation lawsuit.
    Dinh will step down effective Dec. 31 and become a special advisor to the company.

    People walk by the News Corporation headquarters, home to Fox News, on April 18, 2023 in New York City.
    Spencer Platt | Getty Images

    Fox Corp. Chief Legal and Policy Officer Viet Dinh will step down from his post, months after the company agreed to pay a $787.5 million settlement to Dominion Voting Systems.
    The departure comes after Dinh advised the company through the lawsuit with the voting machines company, which was halted just short of a trial with the April settlement. The company has continued to feel the fallout since.

    Dominion hit Fox with a defamation lawsuit arguing its networks “intentionally and falsely” blamed the company for the 2020 election loss of former President Donald Trump to President Joe Biden by airing unsubstantiated claims that Dominion’s machines rigged the election.
    While Fox agreed to the settlement, its hosts weren’t required to talk about the lawsuit or make any public apology for on-air statements.
    Days after the settlement was reached, Fox ousted primetime host Tucker Carlson, who has since started his own show on X, the website formerly known as Twitter. Since then, Jesse Watters has become the replacement for the same primetime slot Carlson once held.
    Carlson and Dinh were among the Fox anchors and executives who were questioned as part of the lawsuit. Depositions, emails, texts and other correspondence were part of the reams of evidence released before the settlement.
    Leading up to the trial, Dominion had been urging the court to compel Fox’s top brass, including Dinh, to appear for in-person testimony. The judge presiding over the case said in the weeks before the trial’s start date that he could compel executives to testify.

    Dinh joined the company in the top legal role in 2018 and since then has led all of its legal, compliance and regulatory matters, in addition to overseeing government affairs.
    He will step down effective Dec. 31 and become a special advisor to the company.
    “We appreciate Viet’s many contributions and service to FOX as both a board member of 21st Century Fox and in his role over the last five years as a valued member of FOX’s leadership team,” said Fox Corp. CEO Lachlan Murdoch in a news release. “We are grateful that he will continue to serve FOX as Special Advisor where we will benefit from his counsel.” More

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    SEC investigating Illumina over acquisition of cancer test developer Grail

    The U.S. Securities and Exchange Commission is investigating Illumina over its controversial $7.1 billion acquisition of cancer test developer Grail.
    Illumina said it is cooperating with the SEC.
    The Grail deal has also faced heavy scrutiny from antitrust regulators in the U.S. and European Union since closing in August 2021.

    A building on the campus at the world headquarters of Illumina is shown in San Diego, California, Sept. 1, 2021.
    Mike Blake | Reuters

    The U.S. Securities and Exchange Commission is investigating Illumina over its controversial $7.1 billion acquisition of cancer test developer Grail, the DNA sequencing company said in a securities filing late Thursday. 
    Last month, the SEC informed Illumina about the probe and requested documents and communications related to the deal. The agency also asked for statements and disclosures about the “conduct and compensation” of certain members of both Illumina and Grail’s management, according to the filing. 

    Illumina, in the filing, said it is cooperating with the SEC. An agency spokesperson did not immediately respond to CNBC’s request for comment on the investigation. 
    Shares of Illumina fell about 4% Friday. 
    The SEC’s probe only puts more pressure on Illumina, which has lost great sums of money since closing the deal in August 2021. The company’s market value has fallen to roughly $28 billion from about $75 billion the month the deal closed. 
    Illumina’s Grail deal has also faced heavy scrutiny from antitrust regulators in the U.S. and European Union. 
    The European Commission, the EU’s executive body, fined Illumina a record $476 million last month for closing the acquisition without first securing regulatory approval. 

    The fine came after the commission blocked the deal in September over concerns it would stifle innovation and consumer choice in the emerging market for cancer detection tests. 
    Illumina has appealed the European Commission’s decision, arguing that the body lacks jurisdiction to block the merger between the two U.S. companies. 
    Illumina expects a final decision on an appeal in late 2023 or early 2024. That’s also when the company anticipates it will hear an outcome of its appeal of a similar order by the U.S. Federal Trade Commission. 
    Illumina has said it will divest Grail if it loses either appeal. 
    Illumina’s determination to keep Grail sparked a heated proxy showdown with activist investor Carl Icahn, who holds a 1.4% stake in the company. Much of Icahn’s opposition stemmed from Illumina’s decision to close the acquisition without gaining approval from antitrust regulators.
    Illumina believes it can expand the availability, affordability and profitability of Grail’s Galleri test, which can screen for more than 50 types of cancers through a single blood draw. More

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    Major retailers bring $14 billion in revenue to Black-owned brands

    $14 billion in revenue has gone to over 625 Black-owned businesses and brands since May 2020 through an initiative to support Black entrepreneurs.
    Nordstrom, Macy’s, Sephora, Gap & Ulta Beauty are among the 29 retailers and companies partnered with nonprofit organization Fifteen Percent Pledge.
    Fifteen Percent Pledge expects to drive $1.4 trillion of wealth generation to Black entrepreneurs by 2030.

    Major retailers and brands have driven $14 billion in revenue to Black-owned businesses since May 2020.
    In the last three years, Nordstrom, Macy’s, Sephora, Ulta Beauty and 25 others have partnered with nonprofit organization Fifteen Percent Pledge. The group asks companies to reflect the Black community that makes up 15% of the U.S. population by dedicating 15% of their shelf space to Black-owned brands.

    Prior to taking the pledge, many of the group’s current partners had less than 3% of their shelf space dedicated to Black-owned brands. Now all partners are committed to attaining their 15% pledge over a 10-year contract.
    “Let’s create an opportunity to chart a path forward that’s more inclusive and gives Black entrepreneurs who have been historically and systemically excluded an opportunity to build generational wealth,” said LaToya Williams Belfort, executive director of the Fifteen Percent Pledge.
    Fifteen Percent Pledge has committed to generating $1.4 trillion in wealth for Black entrepreneurs by 2030.
    Sephora was the first multibillion dollar retailer to commit to the pledge, just two days after founder and Brooklyn-based entrepreneur Aurora James posted her call to action in the days after George Floyd’s murder.

    “So many of your businesses are built on Black spending power,” James said in her Instagram post. “So many of your stores are set up in Black communities. So many of your posts seen on Black feeds. This is the least you can do for us.”

    With that, the group launched in 2020 as a way for corporations to support Black business amid an outpouring of corporate diversity, equity and inclusion commitments to close the racial wealth gap that remains significant.
    Calculations based on Federal Reserve data from March 2023 show that Black household wealth in the U.S. totals $6.25 trillion — or only 5% of white households’ total wealth of $115.65 trillion. Meanwhile, only 4% of America’s largest companies had successfully closed the racial pay gap in 2022, according to CNBC partners at JUST Capital.
    Committing to change, more than two-dozen companies have “taken the pledge,” including 20 apparel and furniture retailers, three lifestyle publications — including Vogue & InStyle — and cannabis dispensary chain MedMen.

    Feeling the impact

    Over 625 Black-owned businesses and brands have developed relationships with large corporations that have signed on to the initiative.

    Christina Tegbe, founder of African luxury beauty brand ’54 Thrones’ inspired by the richness, diversity, and culture of Africa and its people.
    54 Thrones

    “We launched in retail in 2020 with Nordstrom,” said Christina Tegbe, founder of Black beauty brand 54 Thrones and partner of the Fifteen Percent Pledge.
    Since the increased attention in 2020, the company has grown exponentially, Tegbe said.
    “From 2016 to 2019 we had a cumulative four-figures in sales,” said Tegbe. “After May 2020 and with the work being done by 15 Percent Pledge, we saw ourselves having five-figure days.”
    Tegbe said her company is still self-funded, but the pressure Fifteen Percent Pledge put on retail to search out and nurture Black-owned brands gave her company the exposure it deserved. 54 Thrones is now among the Black-owned brands on the shelves at Sephora, Nordstrom, Credo Beauty and Gwyneth Paltrow’s company Goop.
    In August 2022, Nordstrom piloted its first Black Business Month program by creating a “Buy Black” pop-up market to highlight brands like Tegbe’s and others it carries year-round. Strong support for the initiative generated $14 million in sales of Black-owned or founded brands at Nordstom in that month alone.
    Looking to repeat its success, Nordstrom is launching a new multi-city initiative on Friday. The pop-up will help promote Black-owned brands and move closer to the company’s commitment to deliver $500 million in retail sales from brands owned, operated or designed by Black and Latinx individuals by 2025.
    “We really want companies that have a large economic footprint that want to be more inclusive, and create a more inclusive society going forward,” said Williams Belfort.

    Pushback against DEI goals

    Corporate America has committed to supporting diversity, equity and inclusion, but recent pushback from lawmakers to limit corporate DEI initiatives makes it a tricky field to navigate.
    On Tuesday, a conservative legal organization sued Target in Florida federal court on behalf of an investor, saying the retailer misrepresented the adequacy of its risk monitoring over LGBTQ-themed merchandise during Pride month.
    The lawsuit is the latest legal battle between conservative legal groups and lawmakers against corporations with policies designed to better support racial and gender inclusion.
    Last week, Bud Light parent company Anheuser Busch InBev saw a significant decline in second-quarter U.S. sales after boycotts from consumers who opposed an advertising partnership with transgender influencer Dylan Mulvaney.
    Tegbe said the backlash is worrisome.
    “It’s concerning,” she said. “The thought of companies pulling back and wanting to do things behind closed doors.”
    Despite her concern, Tegbe remains hopeful that the majority of consumers want to see and purchase products by diverse founders.
    “With any great change or revolution it has to be done in a way that [companies] are unapologetically taking a stance,” she said.
    The pledge’s executive director Williams Belfort said the proof of the initiative’s success is in the numbers.
    “The data shows that giving opportunity to black entrepreneurs, driving revenue for retailers, and creating a more robust economy is good economics for us all,” she said. More

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    Retailers are shaping a wave of laws to crack down on organized theft — here’s how they do it

    Retailers are threatening to shut down stores and raise prices if organized retail theft isn’t addressed.
    Nine states have passed new laws cracking down on organized retail theft and Congress is considering federal action.
    Experts said the new laws may not actually reduce crime and could disproportionately impact marginalized groups.

    This is the final part of a three-part series on organized retail crime. The stories examine the claims retailers make about how theft is impacting their business and the actions companies and policymakers are taking in response to the issue. Read the first story here and the second here.

    When Walmart’s CEO, Doug McMillon, was asked what will happen if shoplifters aren’t aggressively prosecuted, he warned it would have a massive impact on consumers.

    “If that’s not corrected over time, prices will be higher, and/or stores will close,” the top executive of the country’s largest retailer said during a December interview with CNBC. 
    The retail industry is the nation’s largest private sector employer, and it contributes $3.9 trillion to the country’s annual gross domestic product, according to the National Retail Federation. Shutting down a store as large as Walmart can deprive communities of both jobs and a place to buy everyday goods – and lawmakers are paying attention. 
    Since 2022, at least nine states – six so far this year – have passed laws to impose harsher penalties for organized retail crime offenses. Similar bills are pending before legislatures across the country and in the U.S. Senate. 

    Behind the sweep of legislation are retailers and trade associations, which are using their collective power to get the bills written and past the finish line. They have also seized on a moment when lawmakers in many parts of the country, and from both sides of the aisle, see a political benefit from appearing tough on crime.
    The new and proposed laws aim to deter brazen retail crime and go after the so-called kingpins who lead organized theft groups. But critics say the measures may not actually reduce organized retail crime, and could disproportionately harm marginalized groups. 

    “The organized interest groups, whether they’re business or organized labor or the NGO sector, have an insane amount of influence on our politics, and much of the policy agenda of these organizations is not driven by careful consideration of policy outcomes and whether they’re good for [the public],” said Adrian Hemond, CEO of political consulting firm Grassroots Midwest. “It’s focused on what’s good for the organization.”
    The legislative efforts come as more retailers blame rising crime for higher inventory losses, also known as shrink. But they have not shared data that proves how much it is costing them, nor are they required to do so. Experts told CNBC some companies could be overstating theft’s impact on their profits to deflect from internal flaws. More references to retail crime could soon come as a string of major retailers gear up to report second-quarter results starting next week.

    Legislators jump on organized retail crime

    Throughout 2021 and 2022, retailers and their trade associations were laser-focused on garnering support for the Inform Act. The law requires online marketplaces to disclose the identities of certain high-volume sellers to deter the sale of stolen goods, and proponents said it would fight organized retail crime by making it harder to anonymously resell stolen merchandise.
    The primary targets of the bill, which took effect in June, were Amazon and eBay. They are some of traditional retail’s biggest competitors. While the digital behemoths eventually backed the legislation after certain concessions were added, they will now face steep fines if they’re found in violation of the law.
    Now that the Inform Act has become law, retail has set its sights on a new target: the Combating Organized Retail Crime Act (CORCA), introduced in January by Sens. Chuck Grassley, R-Iowa, and Catherine Cortez Masto, D-Nev. 
    The NRF, the world’s largest industry trade association, helped write the bill, the group told CNBC. The NRF is funded by retailers and its board is comprised of top retail executives from Walmart, Target and Macy’s, among others, according to records and the association’s website. 
    CORCA proposes stiffer penalties for theft offenses and calls for a change in the threshold prosecutors must meet before bringing federal theft cases. 
    Currently, people can be charged with federal theft crimes only if the stolen goods are worth $5,000 or more in a single instance. CORCA would allow federal prosecutors to bring cases if the aggregate value of the goods reaches $5,000 or more over a 12-month period. 
    Cortez Masto told CNBC the bill aims to provide investigators with more tools to take down organized theft groups and give the current laws on the books “more teeth.” 
    It would also provide retailers with a formal venue to exchange information with each other and law enforcement through the proposed Organized Retail Crime Coordination Center, which would be required to track organized theft trends and release annual public reports to Congress. Both Cortez Masto and a spokesperson for Grassley said that could clear up some of the opacity surrounding organized retail crime and give the public a better understanding of the issue’s size and scope.

    U.S. Sen. Catherine Cortez Masto (D-NV) speaks at a campaign rally for Nevada Democrats at Cheyenne High School on November 01, 2022 in North Las Vegas, Nevada.
    Anna Moneymaker | Getty Images

    The proposal has 60 bipartisan co-sponsors in the House and five in the Senate, according to GovTrack.
    Meanwhile, at least nine states have passed similar laws with the help of local retail associations. Other proposals are pending before legislatures across the country. 
    Similar to CORCA, some of the new state laws and bills allow prosecutors to aggregate the total value of stolen goods over a given time period so they can charge repeat offenders with stiffer felonies instead of simple misdemeanors. 
    For example, Florida changed its law so people can be charged with felonies after they steal an aggregate amount of goods over 30 days. It also added a provision that says a person who takes 20 or more items during five or more instances within a 30-day period can be charged with a second-degree felony.
    That carries a maximum sentence of 15 years in jail.

    Will the new and proposed laws work?

    Both CORCA and the state measures rely on a crime-fighting strategy long used to thwart drug trafficking rings: start with the little fish, the boosters who steal repeatedly from retailers, and then bring in the big fish, the kingpins controlling organized crime rings.
    “With the shoplifters and the boosters being the publicly visible criminals, you work through them in order to find out who [the larger players are],” said David Johnston, vice president of asset protection and retail operations at the NRF. “Let’s relate it to drugs, right? Very similar. Who are the people on the street, to who are the people supplying the drugs, to who are the people getting the drugs into the country?”
    While the measures are a sure way to hold repeat boosters accountable, they may not actually reduce organized retail crime, said Jake Horowitz, a senior director with the nonpartisan, nonprofit The Pew Charitable Trust. 
    “If the question for policymakers is, ‘how do I reduce organized retail crime?’ The answer is unlikely to be through the threat of stiff sanctions to boosters,” said Horowitz, who oversees Pew’s safety and justice portfolio. 
    That’s because the same strategy has had little impact on dismantling the illegal drug trade. 

    A group robs a jewelry store, in an incident law enforcement says is an example of organized retail theft
    police handout

    The drug trade is a different market than retail theft. But it’s well studied and offers lessons that can be applied to organized retail crime, which has been researched little, numerous policy experts and criminologists told CNBC. 
    In the 1980s and 1990s, Congress enacted sentencing laws that created far stiffer penalties for drug trafficking. But decades later, it hasn’t significantly reduced drug availability or use, research shows.
    “If we apply the same drug market lessons, [boosters are] unlikely to be deterred because the probability of being detected or arrested is very low for any given theft,” said Horowitz. “And then when you apply it and sentence people to prison terms, it has almost no incapacitation effect because street-level dealers are instantly replaced. It’s a market. It recruits replacements.” 
    Plus, dozens of states already have organized theft laws on the books and the crime is still increasing, according to trade associations.
    Many boosters who get caught stealing face misdemeanor charges. They carry less severe penalties and fewer long-term implications than felony charges, which can limit employment and housing opportunities for years after they serve their time.
    Retailers and lawmakers say the misdemeanor charges have emboldened theft groups and allowed organized retail crime to spread. They contend the threat of the harsher penalties with felony charges will better deter theft.

    A security guard outside of a Gucci store in San Francisco, California, U.S., on Monday, Dec. 6, 2021.
    David Paul Morris | Bloomberg | Getty Images

    While boosters are stealing for their own personal gain, they can come from marginalized groups and many face mental illness, poverty or drug addiction, law enforcement agents previously told CNBC. 
    JC Hendrickson, the congressional affairs director for the Justice Action Network, said lawmakers need to consider those factors when proposing policy solutions for organized theft. 
    “A police response is only going to get you so far, right? Even if you have the most responsive police department in the country,” said Hendrickson, who advocates for bipartisan criminal justice reform. “When there’s an underlying [drug] misuse problem, you’re still going to have that out there and it’s still going to be something you have to tackle. So in a case like that, a public health response is also really important.” 
    Grassley’s office said it is confident CORCA will go a long way in reducing organized retail crime.
    While it’s too early to tell how effective the measures will be, the decision to propose aggregating thefts versus lowering the felony theft threshold should help prosecutors weed out petty shoplifters from those involved in organized theft. 
    “It seems more like changing laws with a scalpel than with a cleaver,” said Horowitz. “And I think that’s good. We should be more focused, different types of crime are very different, and we shouldn’t use blanket approaches to very different types of crimes.” 

    Retail’s influence on policy

    Despite the uncertainty surrounding the claims retailers make about organized theft, they have influenced public policy in large part because of the critical role the industry plays in the economy. 
    When retailers that provide jobs and essential goods come under threat, public officials act quickly because store closures can lower employment, tax revenue and the general health of a community.
    “If the Walgreens shuts down and this grocery store shuts down, that’s going to decrease property values in the neighborhood because you’re going to have to drive further to go pick up your groceries or your sundries that you would normally get at the Walgreens,” said Hemond from Grassroots Midwest.
    “So people are less likely to want to move into these neighborhoods, they are less likely to pay top dollar for the real estate, and other commercial businesses are less likely to move there because they’re not getting the benefits of colocation with popular retail locations.”

    Manhattan DA Alvin Bragg is pictured during a press conference related to reducing shoplifting Wednesday, May, 17, 2023 in Manhattan, New York.
    Barry Williams | New York Daily News | Getty Images

    Voters also care, and elected officials believe they’ll be rewarded for cracking down on issues that receive a lot of media attention and complaints from the public, said Molly Gill, vice president of policy at the nonpartisan nonprofit Families Against Mandatory Minimums.
    However, the solutions they propose don’t always work, said Gill, a former prosecutor who now advocates for sentencing and prison reform. When lawmakers are presented with problems involving crime, they tend to jack up penalties for the offenses instead of addressing the root causes of an issue. She’s concerned the same approach is being used to target organized retail crime.
    “When all you have is a hammer, everything looks like a nail,” said Gill. “It doesn’t really matter [if it] doesn’t actually solve the problem. They get to say, ‘look, we solved it, I did something, aren’t we great?’ And move on and the problem persists.” More