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.

I was visiting a Tigerdirect (Large Electronic Retail Store) in Naperville, IL today (8/23/07)(8/22/07). All was going well until after I had paid for my merchandise and tried to leave.

A security guard demanded that I show him my receipt, which I respectfully declined with a "No Thanks" and continued walking out the door. At that point the Guard physically placed himself between me and the door and said "I can't let you leave until you show me your receipt." I attempted to walk around him, explaining I didn't have to show him anything, and he continued to block my path and called several other employees to block my retreat.

I understand the "Shopkeeper's Privilege", but under no possible interpretation of the law would refusing a voluntary receipt check constitute grounds for reasonable suspicion of shoplifting. At this point, I warned them that I was being unlawfully restrained, and unless they immediately allowed me to leave, I would call the police and press criminal charges for unlawful restraint, and also file a civil suit for false imprisonment (fortunately, I knew my rights).

None of them budged, and the store manager began verbally abusing and slandering me...

He called me a thief, and said he would have me arrested for "attempted shoplifting". Both the manager and security guard said it was corporate policy to detain customers unless they submitted to a receipt check.

At this point, I pull out my cell phone, call 911, and inform the operator I'm being illegally detained and not allowed to leave the store. The operator said an officer was on the way and would be there in a few minutes. In the meantime, the manager continued screaming at me, telling me I was banned from the store (fine by me, I've spent easily over $10,000 in the last few years at Tigerdirect and planned to take my business elsewhere if this was the kind of treatment I could expect) and so on.

Fortunately, an officer arrived within 5 minutes. The manager and security guard began to tell the officer I was trying to steal something. After they were done I calmly explained the situation to the officer. The officer agreed that they couldn't hold me unless they had seen me shoplifting, which they obviously had not. I then asked the officer to arrest the security guard for unlawful restraint, which she refused to do; she instead suggested I talk the the state's attorney if I wanted to press charges (which I plan to do). I got the security guard's name, and the officer's name and badge number. I then left, and was again verbally informed me I was banned from returning. As I was leaving, the security guard continued to taunt me, and dared me to press charges.

As soon as I got home (approximately 4 hours later, I had errands to run), I called the company the security guard was from (Securitas), explained the situation, and asked if their corporate policy was to forcibly detain customers who refuse to show their receipt. I was escalated three times, until a "supervisor" there said he didn't feel comfortable answering the question, but he would have his boss call me back shortly. I waited 2 hours, with no more response. I called back again, and after reaching the same supervisor asked why my call hadn't been returned. He informed me that they had my contact information, and if they had anything to say to me they would call. I demanded to speak to his boss, and was told that the boss was busy now, but would call me within an hour. Again, after 4 hours, no call.

Nowhere in any of this did anyone apologize to me or tell me they were mistaken. I probably would have been satisfied with an apology and a guarantee that the security staff would be properly retrained at any point after I left. But, after the shoddy treatment I received, even after they realized they had made a mistake, I want to fight this thing to the end.

How do you recommend I go about contacting the State's Attorney? I understand that the prosecutor has some discretion on filing charges, and that they have many other cases on the table. There is no dispute of the facts, there were security cameras everywhere, and the guard agreed with my version of the events when speaking with the officer. Also, I would like to file a civil suit against them, but must admit that money is an issue for me. How do you suggest I find a lawyer/firm that would take this case on a contingent fee?

Thanks for the time,
Shaneal

Thanks for the support,

The store is located at
175 Ambassador Drive
Naperville, IL 60540
(630) 548-2000

The security guard's name is "Malcom Melton," and the corporate office he works out of has a number (630)963-9456.

I called the States Attorney's office for my county and spoke to a prosecutor who "said charges would not be forthcoming." Basically, his explanation was that I wasn't detained long enough for him to bother. The police report is filed with the Naperville Police Department, report number [redacted].

I also contacted the bar, and was told that no lawyer would take this case on a contingency because there weren't enough damages, but I was welcome to hire a lawyer on an hourly basis. However, they informed me that in all likelihood the attorney's fees would be ten to twenty thousand, which I can't afford.

Thanks for your quick response. No one else seemed bothered by this. All I really want is for them to change their policy and/or retrain the guards. Hopefully, with your support they will at least be shamed into doing that much.

I did not get the manager's name unfortunately; by the time I was leaving and got around to taking names the manager had already disappeared. I emailed corporate with the story too, but have yet to receive a response.

Thanks for the suggestion, but I doubt the local media would be very receptive to my claims. When the whole warrantless wiretapping scandal was taking place the little coverage it got was all in favor of government (e.g., "If you're not doing anything wrong, you have nothing to worry about"). I'm fairly certain they'd just tell me I should have showed the guard the receipt and been done with it.

As you said, the reason you've had a hard time getting people interested in your case is because you didn't actually incur any monetary loss. Companies care about balance sheets, not feelings, so your options for recompense are relatively limited. The most satisfaction you can probably hope to get is that I've just posted your story, informing more consumers of their rights, and casting a big stinky shame cloud on TigerDirect of Naperville, IL.

PREVIOUSLY:
Ask The Consumerist: Do I Have To Let Stores Check My Receipt?
The Straight Scoop On If Stores Can Legally Stop You And Check Your Receipt
(Photo: Critical Miami)

If the retailer has a reasonable suspicion you're shoplifting, however, they can detain you at will. — BEN POPKEN

Bag check at store exit makes shoppers see red [NY Daily News] (Thanks to David!)

Previously: Do I Have To Let Stores Check My Receipt?

"Can one legally bypass the whole receipt-checking- process once you've made your purchase at a store? Can you just say 'no thank you' to the guy checking off your receipt as you exit the door and mosey back to your warm, cozy pickup truck? Once you have completed your transaction at a store, do they have any legal right to keep you in the store?"

Aside from membership-based stores like Sam's/Costco where you may have agreed to a search in your contract, the answer, it seems, varies by state. However, it's safe to say that unless you've met your state's definition of probable cause for shoplifting... a retailer has absolutely no right to detain you.

Let's look at New Jersey's definition inside.

Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

To us (not legal experts), that reads "If they see you concealing something, you are in trouble." You'll note however that it says "unpurchased merchandise." If you've purchased the merchandise, it's likely that you're not covered under New Jersey's definition of probable cause for shoplifting. Therefor, a Best Buy would have a hard time justifying detaining you. If this means a lot to you personally, you could try printing your state's shoplifting statute and presenting that rather than a receipt. We suggest simply refusing to shop at stores with the offending policy. —MEGHANN MARCO