Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

5 Reasons the Retail Industry is Declining

Author: Joel R. Glucksman

Date: June 2, 2017

Key Contacts

Back

It’s no surprise that 2017 isn’t a great year for the retail industry. According to Business Insider, several well-known retailer

It’s no surprise that 2017 isn’t a great year for the retail industry. According to Business Insider, several well-known retailers, including Payless Shoe Source, The Limited and RadioShack, have gone bankrupt since the beginning of the year – as of April. Corali Lopez-Castro, a bankruptcy lawyer said that this downward spiral isn’t likely to stop anytime soon.

Key Terms to Negotiate in a Monmouth County Retail Lease

“2017 will be the year of retail bankruptcies,” she told Business Insider. “Retailers are running out of cash, and the dominoes are starting to fall.”

Shopping trends are shifting, and retailers simply don’t know how to cope with this distinct change and simultaneously satisfy their customers. Let’s take a closer look at why so many retailers likely won’t make it out of 2017 alive – or barely breathing at best.

1. Online shopping

We’re living in a world that’s controlled by smartphones, tablets and basically any other smart device that consumers can get their hands on. So who’s surprised that online shopping has become a popular way to buy and receive goods? Why would consumers go out of their way to sit in traffic and wait in line at a department store when they can buy and ship products to their front doors from the comfort of the couch? According to a survey conducted by Pew Research Center, 8 in 10 Americans admit that they are online shoppers, and this trend isn’t expected to decline anytime soon.

2. The desire for experiences over goods

The convenience of online shopping isn’t the only thing that’s hurting retailers. According to CNBC, more consumers are interested in making purchases related to travel and experiences instead of physical goods like clothing. This is something that retailers have trouble competing with.

3. No niche

If more retailers took the time to create a better experience for shoppers, they may be able to attract more consumers and keep their brick-and-mortar shops up and running. Sports retailers, specifically, felt the push over the years, and many have filed for bankruptcy because they couldn’t find a unique way to present their products. Without specialization, it can be hard for similar retailers to survive, according to Rory Masterson, an industry analyst at IBISWorld, who recalled the downfall of sports retailers.

“The big problem was that they weren’t focused on anything enough to carve a niche in the market,” he told the LA Times.

4. Bankruptcy law changes

In 2005, changes to bankruptcy law were put in place to give retailers no more than 210 days to inform their landlords if they were going to renew their leases. Before this change, retailers had 18 months to do so. Since this shift, stores have been forced to make quicker decisions, giving them less room to breathe. Holly Etlin, AlixPartners managing director, said that this changed law can make it difficult for retailers to restructure efficiently and successfully.

“I took [grocery chain] Winn-Dixie through the restructuring process in [February] 2005, It took 16 months, but it was an ultimate success,” she told CNBC. “The bankruptcy law changes went into effect at the end of our restructuring. It likely couldn’t be done under the law today.”

5. Debt

With new shopping trends on the rise and customers paying for experiences over products, retailers are going into debt. Without top-notch financial health, there’s no telling when retailers will sink – but it’s likely to happen and fast. Matt Powell, an industry analyst at market research firm NPD Group, stated that retailers who are in debt obviously aren’t spending money on the tools they need to keep the business afloat.

“If a retailer’s got a lot of debt, it means they’re not spending money on stores, they’re not spending money on systems, they’re not spending money on the kinds of things they need to do to drive the business forward,” he said.

Retailers who wish to survive during this dark time need to learn how to compete with the internet. Having a niche and addressing a new strategy that can bring customers into stores – without holding ridiculous sales that push them even deeper into a hole – can leverage retail stores to stay in business and avoid filing for bankruptcy.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
When Are New Jersey Business Owners Personally Liable for Corporate Debt? post image

When Are New Jersey Business Owners Personally Liable for Corporate Debt?

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]

Author: Charles H. Friedrich

Link to post with title - "When Are New Jersey Business Owners Personally Liable for Corporate Debt?"
Commercial Real Estate Trends to Watch in 2026 post image

Commercial Real Estate Trends to Watch in 2026

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]

Author: Michael J. Willner

Link to post with title - "Commercial Real Estate Trends to Watch in 2026"
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know post image

One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know"
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"
How to Reduce Legal Risk as Your New Jersey Business Grows in 2026 post image

How to Reduce Legal Risk as Your New Jersey Business Grows in 2026

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]

Author: Ken Hollenbeck

Link to post with title - "How to Reduce Legal Risk as Your New Jersey Business Grows in 2026"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!