The manager of the TigerDirect that unlawfully detained reader Shaneal Manek for his refusal to show a receipt called him this afternoon and apologized for his store's behavior. Shaneal told The Consumerist by phone that Tony, the store manager, pledged to retrain his staff on proper procedures and that they wouldn't retain the services of the security guard involved in the dispute.
Earlier, we spoke with Tiger Direct Executive Vice President Richard Wallet, who confirmed the receipt dispute incident did occur, and cast doubts on Shaneal's version of the events.
When asked whether the verbal altercation happened as Shaneal described, Wallet said he couldn't be sure as he wasn't there. He said that he found it unlikely that the security guard would taunt and threaten Shaneal as he had met the guard and he "didn't seem that type of guy."
Wallet accused Shaneal of trying to bait the store after being detained a week prior for also refusing to show a receipt. Shaneal said that on that occasion, he declined to show a receipt because he had already waited over an hour for a part to be pulled from the back, some more time at the register, and didn't feel like waiting in a line for a security guard to check his receipt when he was under no legal obligation to show the receipt. On that date, cops were called to intervene, which is store policy whenever there's a possibility of a confrontation with a customer, Wallet told us. He also said the cop told Shaneal to not return if he wasn't going to follow store policy. Shaneal says that that didn't happen.
Wallet also told us that on the date of the most recent incident, Shaneal purchased three items in two separate transactions and stuffed one of the receipts in his pocket and began to walk out of the store with his items. Wallet said the head cashier only saw one of the transactions and that gave her cause to tell the security guard to stop Shaneal. Shaneal told The Consumerist that he was buying items for a friend who wanted his own receipt for record-keeping purposes.
By law, shopkeepers are only allowed to detain customers under suspicion of shoplifting if they actually see the customer hide the item on their person.
Wallet encouraged any customer with a TigerDirect complaint to call him directly at 305-415-2441.
Shaneal told us that he is satisfied with how the situation got resolved and thanked us for posting his story as he felt it otherwise wouldn't have been paid as much attention by TigerDirect. Wallet said he had been fielding phone calls and emails about the issue all morning.











Comments
GO SHANEAL. His rights are more important than they think they are.
I wonder if it was the cranky old dude. Because he really needed to go.
Good work, and yes more stores need to properly educate and train their staff especially security guards at the exit points about this. It needs to be stressed that under no circumstances is a customer required to show their receipt upon exit. And if a customer declines, that is fine. Antagonizing just leads to bad service.
Good for him! Hopefully this will clear things up for all the folks in the original thread that said he was in the wrong.
Did the apology include unbanning him from the store?
Yes, please do retrain your staff. I live (and shop) in the area, so I called up the store yesterday. I asked if receipt-checking was mandatory, and I was told it was (at this point, they cited several Costco and Sam's Club as having the same policy). I asked if they would physically prevent me from leaving if I refused, and they said they would. I asked if they knew this was illegal, and they outright refused to accept it. I promptly informed them I would no longer be shopping at their location and hung up.
Is this the same manager who was berating him?
The employee that publicly chastised the customer was probably a standard supervisor. This sounds like the Store Manager. Horrible situation.
I guess I'm going to get a beatdown for this, but I have to say that reading the whole saga found me gravitating toward the store's viewpoint. Some astute comments were made that this is for checking up for store losses ascribed to the cashiers, not to the customers. For me that was a bit of an epiphany.
It's great he followed through with this and stood his ground. Did the customer have those beeping security things that you walk through? Whats the use of asking for a receipt on small transactions if you have those? I know the few times I EVER go into Wal-Mart, they never stop me if I just have one or two bags. It's the big loads they stop. But then again...Wal-Mart isn't the BEST example. :\
*not customer, store....
I'm not keen on the fact that the manager apologizes and then accuses their customer of lying. What's up with that?
I still can't believe people were saying things like "it would just be easier if you had given up your civil rights".
Yeah, look where THAT gets you if allowed to continue.
That's not an apology. That's a warning to other potential customers "show your receipt or else."
@cryrevolution: what really pisses me off about those damn magnetic security devices is when the cashiers don't properly deactivate the tag and it goes off as you go out the door. There's been at least twice where I just kept on walking because I had bought the item in question, I knew I wasn't shoplifting and if they wanted to "stop a shoplifter" then they better have proof that I had shoplifted and not just a stupid magnetic scanner.
@timmus: Yes, you most likely are. We have a Constitutional right to freedom from unreasonable search and seizure, and therefore we can't be made to submit to a search without prior consent unless a police officer has a reasonable cause to search. A private individual can't force you to do so, either -- touching you is assault, and taking something from you without your consent is theft. Both are criminal charges as is detaining someone. The OP should have, I think, pressed criminal charges against the people who did this to him. If a movie theater can force the cops to drag someone into court over something that caused no one any harm, why is a direct threat to someone's liberty and safety allowed to go ignored?
If a store has problems with cheating employees, it is not reasonable to expect the general public to help fix that problem. The only stores that CAN require a receipt shown at exit are those where you signed an agreement to allow the store to look it over before being allowed to enter. 99% of stores out there do not do this. The store must come up with some other solution, end of story.
I like having rights. I like exercising my rights. I don't like people telling me that I should just happily waive them for anyone who asks me to.
Apparently the issue here is whether the store has the right to ask to see a receipt when you leave the store. Not the fact that it may seem like the customer seemed to simply be stirring the pot just to do so.
If a retail store is having problems with their employees aiding in theft then I see no problem in asking the customers to aid in keeping prices low. I know of one scam in particular where a "customer" goes to the check out line with a handful of DVDs or games and the clerk appears to scan each item only he glances too quickly over some. The final bill is only for 3 of the actual 10 or more movies. From afar the scene looks legit. The "customer" even pays for it (probably cash) and then begins to leave.
What does the security guard do? Ask to see a receipt which would clearly show only 3 movies and a bag full of DVDs or let the guy walk because he says "Um, I have rights and you can't do that to me even though I've been shopping here forever and spent $10,000 here and everytime I've come in here you've asked to see my receipt."
I really don't think 2 seconds out of your whole day is worth a big stink. And yes, maybe you give up some rights but its not a slippery slope where it would lead to having a guard escort every person in the store. Its a minor inconvenience for the benefit of pricing.
Is it worth it at Wal-Mart? Probably not. Best Buy, TigerDirect, etc all have high priced electronics that run expensive. The smallest packages can be $100 or more.
Apparently Shaneal's dignity is really cheap.
Lip service, whoopidoo!
[www.tian.cc]
@Buran: Well said.
I wonder if Shaneal is lying about the first encounter with police.
A request for a copy of that day's incident logs would confirm/disprove Tigerdirect's allegations against Shaneal.
@CubFan99: It is indeed against the law to detain a person without reasonable evidence of shoplifting. No matter how much you think "2 seconds" is unimportant, it is a violation of your civil rights. There are far better methods of theft prevention. So yes, it's worth the effort to protect your rights, because if you do not there is no one out there that will.
people should stop talking about civil rights violations, because it's more applicable to a racially-motivated murder and less applicable to some security guard asking to see your receipt.
what is really happening here is the common law tort of false imprisonment. and potentially slander per se if you're accused of having committed a crime in front of others [shoplifting].
the funny part is that people will continue to shop at Tigerdirect even if they hire East German border guards to man the exits.... BECAUSE MONEY TALKS... and bullshit walks.... all the way back to Tigerdirect for more of that cheap electronic crack.
@3drage: I thought the same thing. Why bring that up if you're apologizing?
@Buran: Hear, hear!
I will never permit a search without a police officer present, I also, though I have never yet have had to play this card, will never "go" anywhere inside the store for "privacy" with any store employees. What is there to stop them from "finding" something in the search??? Makes it real difficult to fight a false charge if the store suddenly has this watch and says YOU had it in the bag. And if true the,laughably silly as it is, idea that , "well we just need to check our cashiers to make sure THEY are honest" is ever used on me then this might happen,I stride right back to the checkstand and yell right to the cashier I used - "Hey Bob, they guard just checked me and I guess you didn't commit any crime THIS time so just keep up the good work but it sure looks like they are watchin' YOU so all you checkers better be careful because they are presuming YOU are thieves, have a nice day!!
AHA! So the truth comes out;) Some of us are so readily able to dismiss what the manager said about a prior incident as a lie. What if, for a second, what he was stating was true. Why would Shaneal continue to shop there if he did not like the customer service. It appears to me that he might in fact have been trying to instigate a confrontation between himself and the store.
Buran, Your right to leave a store without submitting to a receipt inspection has nothing to do with the Constitution, which does NOT apply to private individuals or organizations but only to government entities. The Constitutional right to freedom from "unreasonable search and seizure" therefore does not apply. State law in this case prohibits the store/employee from unlawfully detaining you, unless the store/employee meets the legal standard for detaining a suspected shoplifter. Declining to show your receipt as you exit the store falls FAR short of that standard.
@CUBFAN99
So the next time you come out of a store it should be ok to frisk you too? I understand showing a receipt may not be a big deal but where does it end. If the technology was available would a camera hovering over your head and following you through the store be ok as well.
The balance between individual freedoms and those of the corporation/government is slowly tipping and little stands like this helps reaffirm that we don't have to be sheep.
Hello again, this is the OP Shaneal.
Just as some clarification, the executive VP Richard Wattle was rude, inconsiderate, and confrontational. The Store Manager I spoke to, Tony, was extremely helpful and apologetic. The VP said I was still banned, while Tony said I was welcom back to the store any time I want.
And, as for the thing about me having two seperate receipts, that is true. I split the purchase up into two orders (to give one receipt to the person I was buying some items for). However, the guard did not know this until well after he illegally detained me.
Thanks for all your support
I have a question that maybe a couple of the lawyer types on here may want to address. I know every time these stories pop up people call it "civil rights violations" and false arrest and say business dont have the right to unreasonably stop people without proof of theft. But cant a company say "We have the right to check receipts as a condition of service from our store". If that is a stated policy then you really cant complain about it if you purchase something right? If you dont want to consent then you have the right to go elsewhere. Wouldnt this work?
I would think it would be no different then them requiring shoes or shirts as a condition of service.
Why is the manager apologizing then say the customer is lying?
So this is the SECOND time the Shaneal has been detained by the store eh?
Let's be honest here, if the STORE'S version of events was the way it really happened, there'd be video posted on the internet already.
The fact that they haven't posted the video is a huge clue that the video would show the guard and the store manager both obviously being jerks.
I don't care if he "baited" them or not by asking that his civil rights not be violated. How is expecting the store to obey the law considered "baiting", anyway?
Furthermore, there's no way a COP is going to comment on store policy, let alone tell someone to "not go back to the store if you won't submit to having your civil rights violated".
First TigerDirect blows it by detaining the guy, then they blow it again by spinning the story full of BS.
oops that should be "Why is the VP..."
@ArtDonovansDrunkenLovechild: I'd say the only problem with this is the receipt-check is done after you've been "Serviced" by the store. I somewhat agree with the stance that once you have paid for your item, your transaction is complete. The no shoes/shirt thing would be addressed BEFORE you were serviced.
Checking the receipt is a store policy, if you don't agree with it don't shop there. The store cannot hold you, but can ban you from the store if they choose to do so, they do reserve the right not not help you. I like Wal-Marts policy. They only check the receipt if the item is not in a bag. If its in a bag, they assume it was paid for unless the buzzer thing goes off. Also, I hate receipt checks because they are a waste of time, and in most cases the guards don't care and dont confirm anything is on the receipt. At a place I worked a customer came in, took the laptop to customer service and placed it on the counter, the rep wasn't paying attention and the customer stuck it back in her cart, got her refund from the customer service clerk, walked to the front door, the door guard checked her receipt which clearly stated the item was returned and a refund was given, and he let the person leave with the laptop. Its all a big show to try and deter shop lifters. A better deterrent would be uniformed security guards walking around the isles.
Um, if a store has problems with their cashiers skimming/screwing up, wouldn't it make more sense to put higher security on the cashiers and the transaction itself, rather than foisting it on the customers?
Just a thought.
@ ARTDONOVANSDRUNKENLOVECHILD
yes, that typically is what occurs. By purchasing an item, you agree to that stipulation as long as it is clearly posted. Most sotres have that sign posted at the entry/exit and at various point around the store, but the most that allows them to do is refuse service next time, it does not allow them to search you or retain you.
It bothers me that victim-blamers on this site will reach far into the fine print to point out what the consumer did wrong, even when a corporation is clearly acting unethically, but when a business blatantly commits a criminal act against a paying customer who refused to submit to a voluntary (I can't emphasize that enough) receipt check, it's acceptable.
And why is it accceptable? Because, just maybe, it's possible that the store had hired a bunch of scammers, and the only way to remedy its own lack of institutional control is to bully customers.
@vangogh71:
I don't think any of the people who said "show your receipt" believe that it should go any further than that.
Much like I don't call the cops and report every bozo that doesn't give me the right off way when I'm walking across the street. That shouldn't suggest that I'd also shrug off becoming their hood ornament.
@walterk29:
Interesting how they mentioned costco and sams club...I'm not totally sure, but I thought I understood that they were allowed to as part of the membership package.
However, you call just sounds like you're a schmuck on an ego trip (but much less so that the OP)...maybe you should get off your high horse and either boycott or get a sign and protest it in public.
@ArtDonovansDrunkenLovechild: For most stores, such a policy would be illegal because imprisonment would be required to enforce it. It would only be valid in members-only stores where customers explicitly agree to searches and receipt checks before entering the premises.
The "no shirt, no service" comparison doesn't work because the policy is about keeping people out of private property and doesn't require breaking the law to enforce.
He apologizes for his employees' behavior with one breath, and accuses the customer of "baiting" the store with the next. That doesn't sound like much of an apology to me. It's like saying, "Sorry for punching you in the face, but I didn't like the way you looked at me."
I find compulsory loss prevention inspections insulting, and I do what I can to avoid them. I have never stolen anything in my life, and I have 100% confidence that I have done nothing wrong. If an alarm goes off as I leave a store, it's because the equipment is malfunctioning -- I keep walking. If you're going to detain me, be prepared to falsely accuse me. Also, be prepared for the subsequent litigation.
I probably wouldn't have allowed the situation to escalate as far as Shaneal. Instead, it would have gone something like this:
Loss Prevention: Receipt, please.
Me: No, thank you. Have a nice day.
LP: Sir, I have to see your receipt.
Me: Are you accusing me of something?
LP: No, but it's store policy.
Me: Here is my receipt. As you can see, I paid for these items.
...
Returns Desk: How can I help you?
Me: I'd like to return these.
RD: Any reason why?
Me: I don't appreciate the way I was treated by your store.
@Buran: Wow, I can almost hear the "Star Spangled Banner" or "America the Beautiful" playing when I read your comment.