Detained And Harassed At Walmart For Not Showing A Receipt
Reader J was detained and harassed by some Walmart employees on his way out of the store the other day. J had already put his receipt inside his wallet after purchasing a $25 shower rack when a Walmart employee demanded to see his receipt. J declined and continued exiting the store. That's when things got weird. First, he was grabbed by a Walmart employee, then another customer started pushing him back inside the store.
Yesterday (2-28-08) late afternoon I bought a $25 shower rack at the Wal-mart in [redacted] New Hampshire, and then tucked the receipt safely inside my wallet so I wouldn't lose it in case I had to return the item. The cashier did not bag the shower rack, so after I was done at the register I picked up my item and headed for the door. As I was approaching the door, the receipt checker Bob said, "Do you have your receipt?" To which I responded, "Yes, it's in my wallet" and I kept walking towards the door. Behind me, I could hear him yell "Sir! Sir! I need to see your receipt!", but being an avid Consumerist reader, I knew I didn't need to stop, so I kept walking. Bob ran up in front of me and stood between the slider doors, blocking my exit and budging me back inside. Appalled that the Wal-mart employee had just touched me, I said "excuse me", but Bob refused to budge, demanding again to see my receipt. I attempted to walk around him, but he kept stepping in front of me, and I would bounce off of him. Now, I was bigger than Bob, but I didn't wish to get physical and blow the situation out of proportion.
At this point however, a random male customer came to Bob's assistance blocking the exit and pushing me back inside. The customer, who was bigger than me, told me to show Bob my receipt. When I refused, the customer responded with "Maybe I'm a cop". So now I have Wal-mart employee Bob and a customer impersonating a police officer physically blocking my exit and budging me back inside when I try to press by them. I was scared. I repeatedly asked the two of them if I was free to go, to which Bob said, "No, you need to show me your receipt." At this point a female employee shows up (I think her name was Cindy) and joins in telling me that I need to show my receipt. The police officer-impersonating customer disappears at this point, but Bob is still physically rebuffing my attempts to exit.Yikes! All that for a shower rack? Why didn't the employee put one of those "sold" stickers on the stupid thing so that they wouldn't have to launch a criminal investigation as you walked to your car? We don't pretend to know the mind of Walmart, but we're pretty sure their policy isn't to attack their customers and file false police reports about them over a $25 shower rack.I argue with the female employee for a while, getting nowhere, but for some reason Bob FINALLY stops pushing me back when I try to walk past him, and at this point I consider my illegal detainment to have ended. As I am outside the store and about to walk away, the female employee says something to the extent of "Fine, we'll just write down your license plate number and tell the police you were shoplifting!"
Now, due to the nature of my work, I cannot get in trouble with the police, and any arrest, regardless of my guilt, could cost me my job. So at this point, I responded to her with "Are you kidding!!?? You're going to lie to the police?" She shrugged, and walked back inside. I followed her, demanding to know what her name was, and although she didn't tell me, I think her nametag said "Cindy".
Currently standing back inside Wal-mart near the exit, I whipped out my cell phone and called 1-800-Walmart, and reported what just happened to someone at corporate. At this point there was a lot of onlookers because of the commotion, and I was extremely embarrassed. Anyways, I pulled out my receipt in order to read the person at corporate the store number, and I could see the look of surprise on the other employees' faces. The corporate phone jockey took my name, number, and said someone would get back to me. After I hung up, I switched my phone to camera mode, looked at Bob who was still standing a few feet away from me, said "Smile, Bob", and snapped his picture (attached).
At this point, General Manager David arrived on the scene, and told me that I can't take pictures of his employees, that it's a violation of their privacy (Hah!). I explained to David what just went down, and how it was not acceptable for his employees to lay their hands on me and to threaten me with making a false police report. I was actually surprised with the following discussion I had with David, who was nothing but professional and sympathetic. He understood how completely wrong his employees were, claimed that he'd review the security cameras (yeah right), and that his employees definitely needed some "retraining". I thanked David for understanding, shook his hand, and went home.
I'm still waiting for the call from corporate. Wal-mart needs to understand just how much is at stake when their employees illegally detain customers. Their employees are literally putting their lives on the line. What happens when a customer is carrying for self-defense and fears for his life when a Wal-mart employee illegally detains him? Is it really worth it, Wal-mart?
I'm considering making a police report about the situation, but I'm not sure I want Bob arrested. Sure, I think that what he did was criminal, but he was just a below-average-intelligence, under-paid, and under-trained employee trying to do his job. Should I make the report?
Bob probably will not be arrested if you file a police report about the incident. If you were thinking of filing a lawsuit against Walmart for their behavior, you'd need to file one to use as evidence, but you didn't mention that in your letter.
A formal complaint to Walmart is appropriate. If you file a police report, include it with your complaint. These employees obviously had no idea that what they were doing was wrong and are in need of some guidance. We're surprised to hear a story like this from New Hampshire. Aren't you guys supposed to be all "Live Free or Die?" Did the Walmart employees not get that memo?
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Comments:
Personally I would have kicked him in the nuts after the third attempt to get past him. You can use a certain amount of physical force to escape a kidnapper since you are being directly threatened. It's called self-defense.
I hate being asked to show a receipt... but if you're walking towards the exit with one item and with no bag and refusing to show a receipt, you're just starting trouble.
I'm reading the story here and seeing that you paid $25 for it, and I'm STILL thinking 'This guy is trying to steal a shower rack.'
I know, I know, Wal Mart is evil. But if you are an employee, and someone makes a bee-line for the door without responding to your request for a receipt, wouldn't you think they were shoplifting? Stopping to explain that you paid, but you will not show them your receipt seems like a better way to handle the situation.
Oh, God, how I pray that this happens to me someday. I have 5 family members who are corporate lawyers just salivating in the wings, waiting for that day...
Maybe file a lawsuit against the guy who was maybe a cop. Then again, maybe you shouldn't bother.
God forbid you'd done what I do from time to time... There is often a trash can at the end of the registers at my local WalMart and I often toss the receipt. (I mean, if i'm buying something I know I will 100% not return, I often toss the receipt)
What would have happened then???
Sorry you went thru this. My husband and I were at Circuit City the other day. The register is right next to the exit and next to the security guard. He watched us check out, watched us pay and watched my husband help bag the merchandise (the petite cashier had a hard time with a rather large item), then he watched my husband tuck the receipt carefully into his wallet and put the wallet into his back pocket.
As we were leaving the store laden down with several purchases he just watched us make, we were also stopped and asked to provide a receipt.
Crazy, right? I told him - "You just watched us check out and everything, why do you need a receipt"
He told us it was store policy. So we had to put all our stuff onto the floor (check-out counter was already full of next person's stuff), provide the receipt (he didn't take it or hardly glance at it. I guess he wanted to see if we got one? lol)
Then we had to struggle to pick up all the stuff we just had to put onto the floor to get out the stupid receipt. At which point he told us we needed to move on because we were blocking the exit.
Yeah, thanks for helping ya moron....
Before anyone saids it: Why does anyone even shop there?
I think the writer may have allowed this to get out of hand. I know we don't have to show them the damn receipt, but if you're so worried about trouble with the police....just show the receipt and keep walking. Also when he was concerned for his saftey...uh, show the receipt. pretend the receipt was a ten dollar bill and the guy that was bigger was a mugger...you'd give him the ten spot right?
Bob should not have touched him, but I think bumping into Bob in attempts to leave may have been a bit much too
You can report the other customer to the police. While he didn't say "I am a police officer" he could still get in trouble, even if it is a warning.
Did bob drool on you
Its all about keeping your cool.
Don't get scared. Stop, and explain calmly, but loud enough that everyone around can hear that detaining you without evidence of shoplifting is against the law and that you will call the police if you are not released.
@Erskine: I hate the families of lawyers that always wish something would happen so they can use the lawyers. Sounds like you may make it happen when you say that.
I don't understand the [redacted]s in this story. It is entirely appropriate to say where in New Hampshire the incident occurred; well-informed consumer(ist)s might want to avoid that particular store. Uninformed consumer(ist)s, on the other hand, cannot act. Is the purpose of this web site to keep people informed, or merely to give people a platform for ranting?
i'm all for personal freedoms and such, but honestly tell me you'd rather go through the above than to show the guy at the door your god damned receipt?
I'm sorry, but if someone is carrying an unbagged item towards the door, why is it THAT bad for someone to ask to see your receipt??
Can't stores be allowed to make that little bit of effort when someone appears to be shoplifting?
Nobody who is legally "carrying" (I presume you mean a firearm) for self-defense is going to "fear for his life when a Wal-mart employee illegally detains him[.]" It doesn't help your case to make such ridiculously wild and baseless predictions. Anyone with a permit knows you don't draw it unless you intend to use it and they're not going to kill hapless "Bob" at Wal-Mart. As we enter the Spring, such employees likely have more to fear from some short-tempered person walking out with a spanking-new softball bat.
@Hiphopopotamus: Yeah, I'm sure the receipt he used when calling corporate was a complete fake ... *eyeroll*
i hate thse stupid receipt stories. if there was a sold sticker on the item then i'll side with him but otherwise he definately looks like a shoplifter. Carrying an item out with no receipt in hand and no sold sticker seems suspicious to me and i do not fault them for stopping him.
they should insitute dual exits that are separated. All customers from the registers are filtered out one side with no receipt checks and all other cusotmers who are just leaving go out another exit. If a customer is carrying out items from the non-register exit then the store should be able to detain and/or ask for proof of sale because if they actually went through the register then they wouldn't be walking out that exit
I found a compromise for this policy whenever I have to (gasp) go to Walmart. I just started putting every single thing I have in bags on the rare event I go to Wal-mart. The other day I bought 14 gallon jugs of water and bagged every one of them. I just explained that I didn't want to be accused of stealing them, so I had to bag them. The clerk smiled and shrugged.
The store manager at the store I went to explained this was a company policy, to demand a receipt for any unbagged merchandise. I tried to explain that not everything Walmart sells will fit into a bag, but it didn't seem to sink in.
@privatejoker75: "so much for the good old 4th amendment."
Just so no one else gets any funny ideas: the 4th amendment is entirely inapplicable in this case. It only applies to your dealings with the government. Civil and criminal legislation, on the other hand, does very much apply.
Just do what I do when you have something that can't be bagged. Take a bag from the stand (they're easy to get to now that they use the Lazy Susans) and tie it around the item. If the try to stop you, point out that it is bagged.
While I'm all about not showing the receipt, this account comes off as a bit too intense, especially with the suggestion that someone with a CCW would shoot an employee out of fear for their life? Way too hyperbolic.
@Lo-Pan: Ignorance.
Giving in after they strong arm you just encourages them to strong arm more people thinking its effective and they can get away with it.
I do not take somebody touching me or harassing me lightly. I have a CHL and carry my pistol with me at most times. I would not have pulled it on them but I would have told them after the 2nd attempt at restraining me that I am armed and that any further attempt to touch or restrain me will be perceived as a direct threat and I'll take appropriate action to protect myself from harm. I have a feeling they would leave me alone after that warning.
this is the most ridiculous story i have ever heard. it was fine for you to take out the receipt to read to the person on the phone to complain, but not Ok for you to just show it to them to get out of the store?? why didn't you just show it to them and be done with it. its not cool that detained you or touched you or any of that stuff.
I'd file a complaint of assault with local police against the customer, though possibly the boob slipped away without being identified.
But, like it needs to be said, but I guess it does: Stop shopping at WalMart. Support your locally owned businesses. If you don't have any locally owned businesses because you made the decision to shop at superstores, then you really f***ed up.
The "just bend over, screw your rights, you're an asshole for standing up for them" crowd is out in force, I see.
@chemmy: I tossed my reciept the other day before I made it to the door. I was just picking up a drink on my way to work. The guy ended up making me late for work because I didn't have a recipt and he refused to check with the cashier and just let me go. Kind of stupid if you ask me, especially when he watched me throw the recipt in the trash can as I walked toward him.
@privatejoker75: The fourth amendment doesn't apply here. It protects you from the government illegally searching your person....private corporations or citizens can do that under certain conditions.
@gamehendge2000: I'm saving time not stopping to stand in a receipt line.
And the rare occasion in which there is an issue it still probably wouldn't last more than 5 minutes. This guys story was probably over in about 10.
@Buran: showing proof of purchase, when walking out of a store with an unbagged item is bending over and screwing your rights? please.
@afterimageB:
now isn't what you just described a direct threat to the employee? i would argue that if he knocked you out then he was acting in self defense because he has a suspected shoplifter threatening to pull a gun. Also, i think it's funny that you're more likely to pull the gun than to show your receipt. Someone needs their gun license revoked!!
@keith4298: When private citizens or corporations do it its called kidnapping.
The 4th amendment applies to the government because they could not be charged with kidnapping.
@gamehendge2000: What you said.
Honestly, anyone with any EQ or basic familiarity with capitalism in the 21st Century knows that "Do you have a receipt?" is not just a yes/no question to be answered in passing.
Why not just hold the receipt in plain view while carrying or pushing the item out?
Yes, it sucks to have to wait in a security line after just having waited in a checkout line. But if the alternative is higher prices due to increased theft, I can usually find the few extra seconds. It's all part of the high price of low cost....
@keith4298: Um, not in this circumstance. What legal right does Wal-Mart have to search me? I never agreed to it. I never signed anything that said I did. Hell, I never even saw a sign that claimed their right to do so upon entering the store. Certainly, they cannot legally lay a finger on you to do so - that's a criminal offense.
It's easy to give up your rights, but you have to _give them up_. They can't be taken from you.
This same story happened to me once. Except instead of not showing my receipt, being detained by two store employees, being threatened by a potential cop much larger than myself, potentially being reported to the police, returning to the store and looking like a fool in front of everyone for the commotion I caused, I let them see my receipt. Seriously people, stop doing crap like this. There are rights worth causing a stir over. A store trying to prevent shop lifting is not one of them.
For everyone who says they have every right to ask to see a receipt: that's true, and we have every right to say no. That should be the end of it. If they want to have that policy, that's fine, they can do what they want. The door guards need to understand that customers have every right to say no.
Of course, if they meet the standard for detaining a shoplifter, then that's different. Simply saying no to a rude request is not grounds to detain someone.
Think about this. If I approach you on the street and ask to see the contents of your wallet because someone stole my credit card earlier today, you would (I hope) say no and keep walking. What do you have to hide? If you didn't steal it, you certainly should have no problem proving that to me. See how wrong that sounds?
oddly I had a different experience at my Walmart a few months ago. I saw 2 young guys come in and walk directly to a couple of unattended register lines. They pocketed a bunch of candy and lighters. I walked over to the "security" person at the door and said "those 2 guys just shoplifted a bunch of stuff" when she acted as if she didn't care, I told the manager that was roaming around at the end of the registers, no response there either. And yet when I shop there and have tons of bagged items, and something too big to be bagged, I'm always stopped for a receipt. So glad my prices go up cuz some jerks don't want to pay for candy and lighters.
So this was causing a ruckus and a crowd was gathering, but the cashier who sold it to you 30 seconds before couldn't be bothered to walk over and say that you just paid for it?
How many people just carry something out of a store in plain site when they are trying to shoplift it? I'd suspect not too many.
Damn but Wal-Mart employees are a difficult brood to understand sometimes. Next time just shop at Best B..Sear...Kma...Circu...um, just stay the hell at home.
What solutions does anyone present to not shopping at these stores, I hate shopping as much as the next guy but what are some alternatives?
Ah, sweet New Hampshire. "Live Free or Die" indeed.
[www.nh.gov]
Apparently, the boobs down in Arkansas didn't read the license plates.
[www.nh.gov]
Most store policies restrict workers from pursuing shoplifters. What if the perp has a gun?
If these stores are so worried about theft why don't they control traffic flow better so there is no question about if they bought something or not?
Have entrances and exits for those who didn't buy anything or for people to leave in an emergency. Then have all the checkout lanes physically divided off with their own exit. That way people who paid for merchandise get all the way outside or into a lobby. Those leaving through the other exit shouldn't have merchandise on them. Wouldn't that make it much easier for employees to tell who bought something and who didn't?
If I buy something minus a shopping bag I always keep the receipt in my hand on the outside of the item so store staff can see it if they walk by as I leave.
@bravo369: Their is no law that says I have to show my receipt. They may not detain you or touch you while trying to detain you. Again, I wouldn't pull it on them but I would give them a verbal warning that I'm legally armed and that any attempt to touch me will be perceived as a direct threat and I will act accordingly. I will have done nothing wrong, would be well within the law and there would be absolutely no reason to revoke my CHL for acting well within the law.
I would like to know which town in New Hampshire this occurred in.
yet another reason for me to continue shopping online...
so much for the good old 4th amendment. I was just talking about this with my wife the other day. Nothing more annoying than waiting in line to exit a building after waiting in line to pay.