That was his point though. Do you really want to go through the hassle of going to court? I don’t know about you but I don’t have the time for that. 🤷🏻♂️
The merchants rule does not apply at Wal Mart. Because they stop people constantly they are not stopping people because they have a reasonable suspicion. Suspecting all your customers are theives is not reasonable.
As a customer and someone who understands the small margin retail stores operate under, my personal policy is that I am not standing in line to leave your store. I will let you see that I have a receipt, and if I have unbagged items I will let you verify that those items were paid for. What I won't let you do is rummage through the bags of items. You already have video verification that I paid for those items. Not only was there a scanner, you have at least 2 cameras at the register watching every move I make. You also have a theft prevention system that sounds, or should sound when I leave if the security tag hasn't been removed, or deactivated. Let's not forget that you have also been watching every move I made while I was in your store.
Once I bought a laptop from a big box retailer and while I was checking out (the cashier was right next to the check station) the security guy looked over and saw me pay for it. I got my computer/receipt and on the way out I get stopped by the guy for my receipt (that he just saw me get). I simply said I needed the receipt to promptly return the computer. I took the computer to the returns desk (w/o ever leaving the store) and got my money back. Most days I can tolerate that kind of stuff, but not that day.
I had that happen to me at Best Buy. I chose the digital receipt only that time and received confirmation on my watch (and phone). I was literally the only customer at the register checking out and the employee watched me pay. I simply told him to, "pay attention and comprehend what he was looking at next time, and to not waste my time." I never stopped or acknowledged him beyond that.
We've seen and had that bullshit ourselves and it is enough to piss anyone off. I ignore them now when they pull that shit as I won't play pissy power games.
Nice... Next time I will do the same. I'll use plastic to pay for a high-end computer and without leaving the checkout lane I'll immediately open the box to verify contents and walk over to Returns and ask for a full refund. Next sale of that item can only be sold for a discounted open-box price.
I've seen the reason for this at a wal-mart where a guy was leaving the store with a $700 flatscreen in his cart and the greeter asked to see his receipt. He wouldn't show the receipt so the greeter just stood in front of his cart and kept asking. Then the greeter said sir you need to put the tv back and the guy just looked down in shame and eventually left the cart and walked out the door.
How is walking out of a store with your stuff in bags from the cashier reasonable grounds for the shop keeper to believe that you have committed retail theft?
After being asked to show my receipt, I have actually gone straight to Customer Service, and then returned every item that I just purchased. After they asked me why I was returning the items, I told them that "It just seems like you need the items more than I do, because they were so concerned about me leaving with them". Also, if they want to cut down on people stealing, then they need to STOP PUTTING IN SELF-CHECKOUT ISLES!!!!!
I see no reason for Walmart to inspect My property. It no longer belongs to them after I pay for it and I have no obligation to prove ownership of my property. When asked for my recipe I politely say no thank you and continue walking. I choose not to participate in proving I haven't committed a crime every time I exist a story.
Love your videos, Steve. But, I must respectfully disagree with you on this one (at least somewhat). It is NOT unusual for consumers to enter any retail store (open to all the public), find the product desired/needed, pay for it, then walk out of the store unimpeded. The overwhelming majority of retail stores in this country do not attempt to check your receipt when you leave. So, simply saying "no, thank you," or "I'm sorry, but I'm in a hurry today and don't have time to stop," shouldn't reach the threshold of probable cause (legally) required for a shopkeeper privilege detention (in my jurisdiction of Florida). This area of the law does have decided cases (and, in a majority of jurisdictions is codified) to help us navigate issues as they arise, but I believe we will see more decisions in the future that will further define shopkeeper's privilege. What question is being answered is important. Do companies have the right TO ASK to see your receipt. Yes. Do you have to show it? It depends on what the merchant is saying to you. If you are being accused of shoplifting, then your exculpatory evidence is better shown up front rather than later after you've spent $1,000.00s in legal fees. However, if it is just a routine "greeter" request, then you have to decide, based on the situation, whether you want to do that. In my opinion, electing to walk out should not trigger a detention in Wal-Mart. It is a slippery slope to give shopkeepers immunity with how they treat you with respect to detention simply because they are not the government. The 4th Amend doesn't give you rights (I know you already know this), it merely prevents the government from taking rights you are naturally born with (without clearly defined legal reasons). To give shopkeepers immunity is a great way for the government to go outside the Constitution and violate your rights without any recourse on your part. Wal-Mart has directed its employees not to detain customers (unless they are part of those designated employees with the training and authority to do so, and only under probable cause). This is especially true for jurisdictions with codified shopkeeper privilege statutes. Florida has a shopkeeper privilege statute, which was passed in an attempt to protect shopkeepers from erroneous tort action, but it comes with the other side of the sword's blade, so to speak. Shopkeepers now are expected to detain only upon probable cause, which is defined in written law (here in Florida). If a shopkeeper behaves outside those boundaries defined in law, it exposes itself to the threat of tort action. So, Wal-Mart (and others) have internal policies addressing who and how these situations are to be handled. When I leave Wal-Mart (where I rarely go these days) and am asked to show a receipt, I ask if I'm being accused of shoplifting. So far the answer has been "no." I thank them for their hard work and keep on walking (having never actually stopped in the first place). Interestingly, most retail loss prevention experts report that between 60 and 70% of theft is attributed to employees. I say all this as a matter of academic discussion. Under no circumstances do I claim to be anyone's attorney with my discussion in whole or part. Thank you for your videos, I really appreciate them and look forward to more.
I used to shop Walmart for many years like most people, and I also have a Sam's membership. I always expect to show my receipt at Sam's. Walmart has been increasing asking more often than usual... For the most part I show them, but recently I've been getting irritated about it. I spend a lot of money there, having a wife and 2 kids, it adds up. I spend about $400-$600 a month there. I did have a small situation last year, I just worked a 14 hour day, was tired, and aggravated... I just purchased $362.74 in groceries. I then put my receipt in my wallet as I always do, then headed for the door. They stopped me asking for my receipt I said no thank you I'm good and started to walk. At that time the youngboy stepped in front of my cart forcing me to stop. Make a long story short, the manager got involved and I was already agitated more than I should have been. The conversation ended when I said, if I pull my receipt out, it will be to turn around go to the customer service counter and get a full refund. I suppose the manager thought I was bluffing, he then demanded a receipt, so I pulled it out showed him he said thank you and sorry for the inconvenience. I said no problem then told him to come with me. I turned around and went straight to the customer service counter and made them refund me completely. I never stepped foot in that store again.
Yeeee haw! That's how to do it. I also no longer shop at that chain because of their constant suspicion of customers. I admire your handling of the situation, even though you were tired and a bit cranky. It seems that someone should have noticed that you were a regular customer, but those discount stores have high turnover in the employee department. Kudos to you for demanding a refund and no longer frequenting that store!
Although based on Steve's video I have greater empathy for why a store would ask to see my receipt, I admire how you stuck to your guns and still do (not having returned). I respect that a lot.
Good for you! We have a walmart in our small county but I won't shop there. I go to the store where they know me. The walmart has devastated our county. Big chain stores came in. The crime log used to be empty but now it is full. I will act as cold and heartless as they are and NO, YOU CAN"T SEE MY RECIEPT! I WENT THROUGH THE EMPLOYEE AT THE COUNTER AND THEY ALREADY SAW IT> GET OUT OF MY WAY.
Idk? I get the feeling they are just testing the waters seeing how people will react before they try and pull a costco and make it mandatory to check all receipts and people will stand in line to get out also? I think it will fail soon and they will stop, people arent going to put up with it from a shithole like walmart.
I think what bothers people about Walmart checking it’s customers receipts is that in America we are supposed to be innocent until proven guilty. It’s interesting that Walmart claims they are checking receipts because they are trying to stop theft, and at the same time they continuously expand their self checkout lanes and do away with cashier stations. Seems like Walmart is driving up profit margins by having customers check and bag their own items, then treating them like criminals on the way out and making them prove they didn’t steal. The problem is that people have become so complacent that they say “oh just show them your receipt and you can be on your way, after all they’re just doing their jobs”. The Nazis said they were just doing their job...just saying.
Receipt check refusal has nothing to do with being "offended." I refuse because i am not a part of their law prevention team. For that same reason I refuse to use self chechouts:I don't work here! Provide me with some small incentive (discount, coupon etc.), and I may be inclined to participate.
That's the problem, they want you to be an employee (self checkout), and pretend that they are helping to control costs by stamping down on shoplifters. However; they have saved money by not having a cashier so yeah, imma keep walking...
The thing is when these stores started doing this they did it with the hope that the public would just be complacent and allow them too check bags. What this standardization does is it creates an atmosphere which teaches people that they do not have the right to travel and be safe and secure in their belonging freely. Yes sams club and cosco and some others have an agreement with the customer. But the agreement in it self is the store acknowledging your right to leave the store unabridged with goods you have purchased. If you refuse after agreeing to their terms then your agreement gets canceled and you are no longer allowed to shop their. I personally do not allow Walmart or best buy to check my bags. just like police aren't allowed to just pull people over and rifle through their belongings without probable cause. I exercise all of my freedoms because they are mine and I intend to keep them and I would hope the next generation wants to keep them too.
The number 1 cause of shrinkage in a lot of retailers used to be the employees. I don't know if that's still the case. They pass items over the scanner without scanning it for their buddies, they put stuff in the trash and then go get it from the dumpster later, etc. Two employees working together can do a lot of damage.
If they want to check my bag I think they should do it at the register perhaps while checking me out. They didn't seem that interested in my items while I was waiting 25 minutes in one of only 3 open lanes out of 15 to PAY for the stuff. Even better is when a "manager" stands behind the register line pointing out the shortest line instead of working one and providing customer service that would actually be helpful. Maybe it's just my local box store that is so pathetic. If they provide prompt, accurate and friendly customer service then I would let them see my bags, receipt or my colonoscopy video. When I have to wait a half an hour to pay for my Charmin I certainly don't want them taking up more of my valuable time. Hell, hire a whole fleet of security personnel to watch me like a hawk while I am in the store as long as it doesn't slow me down. That would seem to be a more effective way of preventing loss than the lackadaisical way they actually "check" the receipts or cart. Anyone ever see them catch a shoplifter by doing this? Not me.
I had that experience once in Walmart! The man wanted to go through each and every bag,counting each and every item I purchased. We argued about him violating my right's to be secure in my person and property. I challenged him and left the store. I called in the Walmart Credit Services and complained in a civil way. They tried to blame the man checking my item's,but I focused the blame where it needs to be! The Management! I told them over the phone that I blamed Management at that Store even though they tried to place the Noose on the Employee who would have been Fired..,I wouldn't let them because the Employee as I explained to them was only the person carrying out Walmart's Company Policy! They suspended him for 2 week's, but the Policy Execution changed because in fact,"WALMART IS ONLY ALLOWED TO CHECK THE ITEM'S THAT ARE NOT BAGGED ALREADY,AND THEY CAN ONLY CHECK THE ITEM'S NOT BAGGED AND IN PLAIN SIGHT!" If they go into your bag's counting item's and scanning them, then they are in violation of your right's and not the other way around! This is my experience as I actually exercised it.
Steve: Like you, I am consumer rights attorney, except that I am based in California. Interesting here as well is that I am also a former store detective (long, long, ago, in a life far, far, away.) And while I normally agree with your interesting talks, I must say that this time I think you got it wrong, and for a number of reasons. To wit: Episode 5.65 was entitled “Can a store force you to show a receipt before you leave?” You say “maybe,” and conclude that it is a “gray area,” but in my mind the answer is a resounding “no”, and that is pretty much black letter law. Further, in your talk you ask, rhetorically, “should you just show them the receipt? (Out of practically.)” Again, you say “maybe,” while I say “no way.” And where is why: Contrary to what most people believe, these stores are not trying to stop shoplifting. They are trying to stop their employees at the cash register from working with thieves. With these scams, the dishonest employee will allow his friend, or co-conspirator, to “purchase” products at no charge at all by not ringing up the item. The “customer” then leaves the store with the item that was not rung up at the register (but usually along with other items were rung up). This is similar to when you go thru drive thru lanes at restaurants and you are urged, in a sign at the window, to call a certain 800 number if you were “not given a receipt.” The restaurant wants you to report that you were not given a receipt because when you do not get a receipt it is likely that the item was not rung up by the employee. Then the employee pockets the money he received from you and the store loses the sale. In summary, the goal is to get the employee, it is not about customers “stealing.” (Further, in Sam’s Club, Costco, etc., the stop with the receipt check is normally a mere few feet from the register where you purchased the item. Looking at the receipt in no way demonstrates that you did or did not shoplift - it just double checks that the person at register is really ringing everything up. As to the idea that “they can search it at memberships because you agreed to it in the contract,” I disagree there as well. First, I question whether such a condition in a contract would be conscionable, but either way the fact that the term is in a contract does not provide the store with the right to “force you to show a receipt before you leave.” Further, assuming, arguendo, that the provision is conscionable, the member’s refusal to abide by that provision would only be a breach of contract, it would not provide the store with grounds to “force you to show a receipt before you leave.” As to the idea that the shopkeepers exception could apply, as you point out the shopkeepers exception only protects a store from liability when “they reasonably suspect that you have stolen something”. But if the store does this to everyone, as is what happens, clearly they are not doing this because they have any reasonable belief that you stole something. You can’t have such a belief if you apply the “rule” to each and every customer. The fact that they do it to everyone merely proves they do not have reasonable suspicion. As to the idea that saying “no” is grounds to be suspicious, that is crazy. Certainly you recognize that when an American refuses to cooperate with such improper tactics that is not to be held against him. It is like saying that when a criminal suspect says to police, “I want a lawyer before I speak with you.” The courts are not allowed to infer a negative inference to you enforcing your rights. Continuing to walk away is not “unusual behavior for someone who hasn’t stolen something,” and “detaining” the person based on that will get the store sued faster than lightning. It is merely a person who doesn’t want to be accused of criminal behavior due to some impotent “policy” of the store. Finally, at the end of your video you suggest that the refusal to cooperate will end with the police being called and the customer being “dragged back to straighten all this out.” As any police officer will tell you, that would require probable cause, and refusing to cooperate with a store that hopes to suspect everyone is not probable cause. Consequently, such a person would never be “dragged back to straighten all this out”, but if he were, it would certain then implicate those constitutional protections you batted away at the beginning of your talk. Hope to see you at NACA/NCLC!
Sorry, not a member of NACA or NCLC but that's another story for another day. I'm in MICH, you're in CA - I suspect that explains more of the difference of opinions than anything else.
At Fry's they mark the receipt after they look at it. I've walked out before without them looking at the receipt when there was a line or no one readily available to check, and it's never been an issue, and I've seen people flat out refuse to show it and they don't fuss. But what I wonder is could they refuse the return if your receipt isn't marked?
It isn't just a CA policy. Costco checks receipts as a second point of confirmation that the employees running the cash register are ringing up every item. Just ask the recipient checkers at Costco. Sam's as well. They'll confirm this. I can't speak for Walmart as I've seen profiling at their doors. But Costco & Sam's, it's generally an understood that it's done to double check the cash register process....
Well according to your professional opinion stores don't have rights to protect their products from theft and they certainly can't do anything to stop theft either.
I never said "only." With your attention to detail you must have been great at your job. Plus you seem to have anger issues. What a way to go through life, eh?
That has happened to me at walmart, i just ignored them and kept walking, and that was the end of the story. And i had nothing to hide, it's just the principal of it all.
As Law Enforcement if I received a call from a local WM and they stated someone refused to show receipt, I simply ask: "What was your articulable suspicion to think that person needed further security screening"? Manager will say something about policy and I inform, WM policy is not law and if you do not have cameras, witness etc. showing/stating person may have stole, I'm out. If you're a WM greeter, I can advise to never hold someone from leaving or holding someone against own freewill without reasonable suspicion they may have stolen, It's a thin-line and can be seen by L.E. as law broken by retailer, but then you may get an Officer/Deputy etc. who will side with retailer and start a Sherlock Holmes investigation. Without PROOF a person may have stolen, it really is just a civil matter. I did have a friend who was told by a WM Manager that it was "Company policy" to require a receipt proof of purchase at door prior to exiting if items were not in a bag. Manager was referring to someone who had a TV, case of Soda, mop Etc. He claims he told her (till he was blue in the face) that WM policy was not LAW and she refused to understand the difference. Not sure why so many here are giving the Attorney a hard time on his advice. I understand what he's saying and the law he cited, but for boots on the ground, it still comes down to proof something happened. Thanks, for your take Sir. My ADVISE is if you are confronted by a greeter after purchase is either show the receipt or keep walking. I understand both positions. Me personally when asked for receipt I simply say: "No thanks" keep on going. I personally think it's rude and ticks me off. Now, if you are asked for receipt and actually did shoplift........Lets just say make it easy on yourself and give up. When cops are called and video of your face, actions and vehicle are obtained, it's just a matter of time you get taken down. Sorry, for grammar Etc. on an iPad.
"policy is not law" I like this. This is what I say every time I go Walmart. First time I went and was stopped I asked why. They told me it was store policy to ask for a receipt if there were non bagged items. My non bagged items was a bottle of water I had bought while in the check out. I laughed and my exact response was "no thanks, policy is not law" and walked out. I fully expected police to show up but they never did. I continued to do this every time I went till eventually the greeters started to remember me and not even bother asking me anymore.
By the time I'm leaving Wal-Mart with stuff, I've already waited through a ridiculously long line watching one of the slowest, saddest, unmotivated, overpaid cashiers in the world and stuck the receipt in one of the bags where it belongs. Now some "greeter" who instead of greeting me when I came in treated me with disdain wants me to spend precious more minutes trying to figure out which bag I put the receipt in so he can pretend to read it and determine whether everything I have in my bags is on the receipt? No way. If they're lucky I just tell them, "No, this is all mine," and walk on. Much of the stuff at Wal-mart is no longer the cheapest priced anyway, their selection has really waned, and too many Great Value brand items have had to be recalled after people have come down with E-coli (not even meat, but things like peanut butter and potato chips). The only time I go to Wal-mart anymore is when I need something specific that I know will be much cheaper there than elsewhere, but half the time anymore they don't even carry that item anymore so I leave empty handed. By the way, those new automatic gate-door-things the Wal-Marts are putting inside their stores to make you exit through the check-out stands... just give them a little shove if you're exiting the store without buying anything; they open easily with a manual push.
Never give it a second thought. Just show them the receipt and move on. Shop lifting cost me money in the long run and whatever the store needs to do to try stop it is ok. Blame the bad guys not the store! Don’t like it, don’t shop there!
yes it's worth the time to keep the chipping away of our dignity and rights not to be embarrassed and treated like a criminal. I can remember if a merchant wanted to check your bag it would make you perceived as a criminal since back then usually the merchant caught you dead to rights. If they were wrong I remember once the merchant apologizing intensely.
A dirty little secret is that 60-80 percent of the "Inventory Shrinkage", is caused by the store's own employees. Checking receipts is a "cover their butts" ploy.
Fake news - employee theft is estimated to be around 30-35%. losspreventionmedia.com/insider/shoplifting-organized-retail-crime/shedding-light-on-retail-theft-statistics/
They can ask all they want but I NEVER show them proof that I own my belongings! If everyone would stop letting them do that they would stop asking. All those people that allow them to check are the reason why it continues...
It's interesting to research the original context of Franklin's aphorism; however it certainly had nothing to do then or now with buying Cheetos at Wally-World.
They have scanners on your way out the door. They have camera's that cover almost every inch of the store. They have cameras at every Checkout. Why do they need to see your receipt as you leave the store unless they think you've stolen something? So YES, it IS worth fighting every time. Just my Opinion.
I always gladly show my receipt at Walmart. Most of the people who are doing this job at the Walmart i go to are elderly people just doing a job to make ends meet. So I do it out of respect for them and the work they are doing; I don't give a damn about the corporation. Why make the life of someone standing at the door for 8 hours making minimum wage, more difficult. I lose nothing by showing them my receipt.
They have cameras, loss prevention personnel, a checkout process, and an alarm system. If they still need to check receipts after all that then they might want to find the holes in their security.
Hypothetical situation.- Say I buy my stuff at (walmart) a store and I go to leave and the person asks to see my receipt or look in my bag. I say WHY? And they give the Spiel " it is store policy we like to keep our prices low by keeping shop lifting to a minimum" YADA YADA YADA. And I say ""do you suspect me of shop lifting??"" So what are they gonna say? Most likely no. Because if they say yes then they are accusing you of a crime. But if they did say yes, then simply tell them to call the police. Which I doubt they will do, because the police will not like it to much being called out there for no reason. So their most likely response will be ""NO"". So according to the (shop keeper) law they have no reason to look at your receipt or look in your bag because they just admitted they have no reasonable suspicion of you shop lifting . Am I right???
If it is there policy to look at everyone's receipt or they could get in trouble for targeting certain people then yeah they are going to look at your receipt because they have to.
Your rights do not apply inside private businesses. Do not conflate private with public. When you start to think that way just remember, no shirt no shoes no service.
Where I live, if you want to detain a suspected shoplifter you need to be able to state what you suspect them of stealing and where you think they are hiding it.
I have been stopped many times for a receipt, in many different cities. I have absolutely no problem with it. Only true thieves and shoplifters should have a problem with this minor issue. But if it really bothers someone that much, they can simply avoid shopping there. END OF STORY.
Only criminals should worry about the government searching them or their house without a warrant. Only a criminal should worry about their houses having camera's installed and the police watching everything they do. Only criminals should worry about....see where this goes?
Not stopping to give the person your receipt does not constitute reasonable suspicion. The thing I just bought is mine. The receipt is mine. I don’t have to show anyone and there is nothing they can do to make me show them. However, Concealing something in the store and passing all points of sale into the parking lot constitutes reasonable suspicion. Then they can detain me. This video was a horrible explanation.
@DEE TEE - 100% agreed. In my State, and I suspect most States have similar laws, that makes it *illegal* for an employee to stop a person unless they personally witness an act of theft. Simply having a hunch does not permit a detainment. If they did, it's called false imprisonment, a wobbler misdemeanor or felony. www.legalmatch.com/law-library/article/shoplifting-probable-cause.html?formVariant=2 How is Probable Cause Established for Shoplifting? Shopkeepers can go through some basic steps to establish probable cause for shoplifting. While shoplifting laws can vary by state, following these six steps makes it easier for the merchant to establish probable cause for shoplifting: You must observe the suspect approaching your merchandise: It’s important that you see the customer enter your store without any of your products with them. You should make sure that the shoplifter isn’t bringing an item to your store for a return or exchange. You must observe the suspect selecting your merchandise: A common mistake that occurs is where a shopper is mistaken for shoplifting because they put their own property in their pocket. You must observe the person carrying away, concealing, or consuming your merchandise: Shoplifting can occur when the person places the unpaid merchandise in their bag or pocket, or if they have consumed (eaten) food without paying for it. It’s also common for shoplifters to remove tags from clothing and walk of the store wearing the clothes Your observation of the suspect must be continuous and uninterrupted: A common mistake occurs when observation is broken, giving the suspect a chance to “dump” the merchandise. Legal problems can arise if the person is detained or searched and no product is found on them You must observe the shoplifter failing to pay for the product: Many shoplifters simply leave the store without approaching the cash registers. Other shoplifters may pay for some items, but not the ones they have concealed. You must approach the suspect outside the store grounds: This makes it more certain that the person had the intent to steal the item. Some state laws allow merchants to approach shoplifters while still inside the store, so long as they have concealed merchandise on their person or in their bag.
The reason they are there is to deter theft not stop it. If you don't want to show your receipt then you might be in your right to decline but personally I just oblige with a smile because in the end they are just doing their job.
Avoid confrontation. Just ignore them and keep walking. I go to Walmart all the time and never once waited in a line to show my receipt. No, they aren't going to tackle you or pursue you. If they do, they better be damn sure I stole something. Otherwise, lawsuit. Assault, false arrest, kidnapping, unlawful detention, false imprisonment, public humiliation, mental anguish, and anything else that may arise during their assault and battery. That's why they'll let you pass.
What I do is ask this simple question. When asked to show a receipt, I ask the clerk, "are you accusing me of theft"? They will say no, then I say no. This effectively voids the shopkeepers privilege as them saying no they are not accusing you of theft voids probable cause. If they follow you, detain you, or call the police, then its a defamation lawsuit. *BONUS* IF they detain you, fall to the floor and cry, make the biggest scene you can and claim its a traumatic event!!!
There is NO grey area. Absolutely none. Ppl may say "it's not a big deal." But it all starts somewhere and once you let your rights be infringed upon, where does it end? Stand up for your rights every time.
Once you have paid for the item(s), they are your property....you do not have to entertain anything or anyone concerning your property, no matter where you may be. Even at a membership club, it's your property....they may claim contractual obligation on your part...but, it's no longer their property.
It’s super simple. If you don’t want to be treated like a criminal after shopping, simply don’t shop at Walmart. You can go anywhere else and be comfortable leaving.
Most shop theft is by employees not customers, public shaming by asking without evidence of a crime being committed, is a form of defamation IMHO, and why even ask, with modern security cameras there should be no need to stop anyone not suspected of a crime
Once you pay for the stuff at the register, it becomes your property. Just as much as your cell phone or your shoes. They have no right to challenge you over your own stuff. And with Walmart, I'm not gonna stand in yet another long line after standing in line for 15 minutes to buy some sweatpants and shirts or whatever. I'm disabled, and by the time I'm done with my shopping and standing/leaning on my cart in the long checkout line, I'm done. I'm not gonna stand in another long line for 10 minutes while everyone who just checked out gets their cart picked through. Besides, at some Walmarts, it's just a dog and pony show and they're not really doing it for real, they just want the illusion of extra security and it's a huge inconvenience for people, especially for people like me who feel like they're gonna collapse after dealing with weaving through unkept aisles, dealing with rude and untrained employees, some of which don't speak English, and standing in a huge checkout line because they don't wanna properly staff their checkouts.
I just smile and say "No, thank you." and keep walking. But let's war game this out and see what's "reasonable". (I'm only addressing the bagged items and not large items like ladders and TV's.) I wander around a store with a cart or a basket provided by the store...not a shopping bag, and I make my selections and proceed to the checkout. At what exact point am I supposed to transfer my ill-gotten gains from the checkout, at the front of the store, into my shopping bag which I acquired from the cashier, at the checkout, _without_ being observed by anyone? ... This is nothing more than security theater for the stupid. They're not checking to see if you stole anything. They just want people to see you being checked, as a shoplifting deterrent for the idiots who might think about stealing. And that is far from reasonable.
I have had fisticuffs with those attempting to physically restrain by brute force after refusing to produce a receipt at the WMart vestibule .The beefy guy thought he was able to overcome me but got the bad end of the deal, then called police and tried to have charges levied on me. They set him straight in that Penna law describes any unwanted contact as an assault unless performed by officials in uniform.My win even after giving him a dose of bulls--t spray to the eyes plus a few choice hurtful moves.
1st point: you stated Reasonable Suspicion then when you read Michigan law you stated Probable Cause. Much higher legal standaed. 2nd Point: Yes. Absolutely YES it us worth the hassle! NEVER waive rights. Refuse to cooperate and once police show up refuse to allow police to inspect your items unless they have a warrant. Force them to make an unlawful arrest then litigate Walmart and the police. Once a person has paid for an item there is no obligation to allow anyone to look at it. An innocent person should NEVER be treated as a criminal. Adjudicating every case to ensure you get the 1 criminal shall not be permitted in the US. Standing for your rights is ALWAYS worth it.
This is a long standing debate that I have personally pursued. Steve's correct that in membership stores (i.e. Sam's Club, Costco, etc.) they have that right because you signed their membership contract that gives them that right. All others differ from state to state and ends up being a gray area at best. It used to be that in most states you cannot be detained for any reason unless you're being arrested. Then it went into the gray area of, and here's the key word, "suspicion". And that brings up another gray area. If someone suspects you of wrongdoing, who are they to act on that suspicion? Are they a law official? Have they been trained as such? The other gray area is, can someone suspect everybody of wrongdoing? The strength, like anything else, is in numbers. If enough people complain, they will probably stop it. Here's something that probably most people don't know. This whole procedure started NOT because of people walking out with something they didn't pay for the first time round. But, rather, using that initial receipt, in which something WAS purchased, and then taking it back into the store, grabbing the same item, and then using that original receipt to fraudulently justify leaving the store with a second helping of the same item. This is what the membership stores were originally guarding against. This is why, after reviewing your purchase, they mark the receipt with some type of stamp or written felt pen insignia for that day (because all receipts have time and date stamp). Now you can't immediately come back into that store using that autographed receipt.
If you purchased something, it is yours. Those are your bags and your items. ABSOLUTELY you have a constitutional right for them to not dig through your bags. If they suspect you of doing something, they can call the police. They can as a private entity, ask you to never come back. There is no law whatsoever that says they can look through your stuff. Not showing a receipt is not reasonable suspicion or probable cause. You are a lawyer?!?!?
Reasonable suspicion or PC has nothing to do with it. That only applies to agents of the government, the people checking receipts aren't the government. Basically its all a civil issue and if you walk into a store that has a policy that says this is what happen if you shop there, then that's the way it is. Your choice is to not shop there.
yes, but what happens when they want to inspect your bags with your purchased items in them when they haven't stated that all bags are subject to search. you have no reasonable expectation of having your items inspected.
The key, even under the Shop Keeper's Privilege laws, is that a shop keeper can only detain if there is "Probable Cause" of theft (which is a higher standard for detention than a law enforcement officer that can detain for "Reasonable Suspicion"). A shop keeper has the right to ask to see a receipt, everyone has the right to ask anything. However, a shop keeper does not have the right to detain a customer absent "Probable Cause".
A merchant's loss prevention is not my responsibility. With the exception of membership stores, where I agree to their terms, I will not show my receipt. They are free to ask. I am free to say no. If they wish to escalate from their then they can formally accuse me of shoplifting and deal with the legal consequences of their actions.
I've heard that the rationale for some people is a concern that if we sheepishly submit to policies of proving our innocence then burden of proof will start to shift away in our society and we will lose our rights.
Refusing to allow someone to look into your bag is not a REASONABLE argument that you are likely to have stolen something. I worked in store management for almost 20 years. In our chain you had to SEE the subject approach the display of merchandise, you had to SEE the subject remove the item from the merchandise display, you had to SEE them conceal or attempt to conceal the merchandise, you had to SEE them pass the point of purchase without making an attempt to pay for the merchandise, and you had to SEE them exit the store without paying for the merchandise. ONLY THEN are they allowed to even stop the person and detain them for law enforcement to investigate. It is not reasonable to believe that EVERYONE leaving the store who is refusing a bag check is stealing merchandise.
My problem is, you run in to get a quick item, out of 20 registers, only 1 is open, you wait 20 minutes to get checked out then have to wait another 10 while the person checking receipts is chit chatting and checking receipts..why couldn't they be working a register instead.
They have the right to ask, you do not have to comply. They have to have you on camera or in constant view of loss prevention or some combination of both if they suspect you of stealing. this was the policy ten years ago when I worked for loss prevention. Cops can't make you come back o the store. If they show up to our house you don't have to answer the door or talk to them. If you weren't stealing you have nothing to worry about. If they had proof the cops will just come and arrest you.
The real kicker is that employee theft is much bigger than "customer" theft. Factors of 8-10 to 1 are not uncommon.... So really its only annoying customers and taking up employee time.
" Reasonably Suspect "! If the Store is stopping ' most ' or ' all ' their Customers under suspicion of theft, the Store has serious problems? Stop shopping there!
There are four WMs near me. One of them is adamant about checking receipts....I just took my business to one of the others that don't make me appear to be a thief every time I shop there. Over a period of the last 5 years, that's been a LOT of business. Too bad for them!
It is real simple.....unless you signed a membership agreement where it stipulates they can look at your receipt or you are picking up something paid for previously, just politely keep walking!
I really don't like the idea that if you don't show them the bag that that gives them the idea that you are hiding something. That can be applied to literally anything! "Show me your computer bro, I bet you downloaded movies illegally. Won't show me your computer? Okay that's reasonable suspicion." If the question is "is it worth it?" I think yeah. tbh i'd rather stick to my principles. I also save a lot of time at Walmart because I never stop for the greeters which is nice.
You do NOT legally have to show your receipt unless you are a member and you have signed an agreement to do so. I don't ever show a receipt. I don't argue either. If asked for a receipt I simply say have a good day and keep going about my day. If an employee decides to become physical or violent then there will be a lawsuit.
Just went through the bullshit for the first time at my local Walmart, normally they have old white ladies and men near death at the entrance but this time they had a young black girl, obviously because they know she would be kind of ignorant and do whatever they asked. I literally had one small item and she asked to see my receipt and I showed it, then thought about it and went back and confronted her. The idiot tried to argue that Walmart and Sam's Club are the same and I had to inform her Sam's is a paid membership and you have to agree to certain terms. Once I was done with her I called Walmart Corporate who indeed confirmed that I don't have to agree to show my receipt if I don't want to. I can't wait until they are sued over this, I will sign up for the class action immediately.
The last time I shopped at Wal-Mart it was grocery shopping. My wife and I checked out and we spent 455 bucks on food. We walked to the door and this greater asked to see my receipt and I told them no. He attempted to block me from leaving the store which I then turned around and pushed my buggy to the customer service desk and returned every single item and have not been back since. I now shop at a local grocery store instead. I pay quite a bit more but I am not harrased in the process.
10 seconds of looking at a receipt in exchange for switching stores and paying extra money because of something everybody else in the store has to do because you consider it harassment? Hardcore
@@FierceZs1 but everybody else doesn't have to. They choose to. There are a dozen or more stores I can go spend my money and then walk out without being harassed so yes I'm going to shop the places that leave their customers alone. Do you really think some minimum wage door greeters stop theft? If that's the case they should just get rid of there million dollar camera system, all the loss prevention employees walking around in plain clothes etc... If Wal-Mart is so concerned about people stealing then maybe they should stop making all their stores self checkout as well.
@@Vgp-rp4iu You have every right to shop at the store of your choosing, but to say that you were harassed is out of line. You literally think that a 10-15 second receipt check because of everyday theft that occurs in the store, wouldn't be a more reasonable choice over spending the 5-10 minutes at the customer service booth to return all of your products. Then at the end of the day, drive to a different store, end up taking about 3 times longer to get your shopping done, and then you lose money on top of that because it's more expensive there. Simply put you're antagonizing a store for trying to limit its shrinkage, and in turn only hurting yourself. The store has many other people more than willing to take a 15 second receipt check to save a lot of money on groceries. I just think you're a drama queen, if what greeters do is considered harassment, then so should be the cameras watching you 24/7 in pretty much all stores.
@@AnthonyPicciano A franchise with a net worth of almost 400 billion won't care if you decide not to shop over a receipt check, you're just making trouble for yourself.
I walked into a "Wiz" store in NYC in the 90s with a bag. I specifically asked them if they wanted me to check it in and they said no. But when I left they asked to inspect my bag. I said no and walked out the door. They proceeded to follow me out of the store and physically stop me. I refused to let them look in my bag and they got physical with me. I waited for the cops and only then opened my bag for them, which had nothing that was stolen. These clowns started walking away and I was like, uhh no, I'm taking names. I filed a police report and subsequently won a $3,000 settlement against the store.
What is BS is that people are so indoctrinated into believing the stores have this right and that us, the people, have to just surrender our rights to theirs. Um, no.
In the UK, the store has no legal right and cannot force you to show a receipt. If they try to forcibly detain you, you can use reasonable force to make them stand aside. By touching you they are committing a criminal offence of assault.
I bought a cooler at Walmart. They asked to see inside cooler as I rolled out. I said no. They told me If I didn't they would call the cops. I said go ahead and proceeded to sit on cooler. Cop came wanted to see in it too. Said no need warrant. he said have a good day I left. Realize u paid for it. Therefore ur property. receipt was given to u. Ur property. Burdens on the shopkeeper to prove ur guilty not u prove innocence. Same works for bags. Need warrant. No judge will grant a warrant for that waste of time
One question: Did you show a receipt for the cooler? If you did then you are in the right that it's your property and you shouldn't have to show the inside. If you were being an ass, like many posters here, and refusing "on principal" to prove that the cooler was yours then the burden of proof actually shifts to you to prove that the item you have is your property and not the stores. People need to realize that a receipt is also called a "PROOF OF PURCHASE" and is meant as your legal way of showing that the item(s) you have are now your property and not the stores.
Correct as many have asked I did show the receipt for the cooler. The cashier checked inside when I bought it but the door person had no way of knowing that. Also, waste of my time? Hardly. I choose how to spend my time. If I want to build a house withy free time or play video games all day that's my choice. I enjoy correcting businesses and cops on the rights of people. Too many people let their rights get over looked. A right not exercised is a right lost as the saying goes. I have all the time in the world to watch people get flustered and I do it with kindness
Guard watched me check out. Eye contact. Watched cashier scan every item. Stopped me and began digging through my bag. I called for manager, simply demanded a refund, left with my cash and left him with the receipt and the stuff in the bag. I am no longer a Walmart customer. Simple enough.
Some honest people like to be treated like a no good crook . I'm not one of them . if I have done no wrong another must leave me alone or I will help them with this
Many years ago , when I was a frequent Walmart shopper , I ran into random receipt checks and I politely refused and kept walking. Absolutely nothing happened. In a incident that I witnessed , I had an experience that made that the last last trip I ever made to Walmart. I had nothing to do with it but was just a witness. I’m a Target shopper now. I’ve never had any problems from Target at all.
Wal-Marts are installing a majority of self-checkout lanes in stores... So now they force you without pay to checkout your groceries, bag them and now they want to check them at the door all to save from paying people. At least when they had checkers they self-policed you as they rang you out and you walked straight to the exit. One greeter wanted me to wait while he checked others carts. He yelled at me because I refused to wait very long time.
I walk by those lines every time. They ask..."Can I see your receipt?" "I don't know, can you?" I get a lot of blank stares at that point from people who were never taught the difference can and may. At which point I walk out. If they DO know the difference, and say "MAY I see your receipt?" The answer is no, and I walk out. I usually don't get bothered by them at all any more, and I have to assume that this is because they've been retrained to not push the issue. If it ever gets to the point where they start insisting, I'll be stuffing the receipt down the front of my kilt, between the thigh and the boys, as soon as it's handed to me. If they really want to see it, I'll pull it out, sniff it, make an ugly face and say EEEWWWW, and hold out to them for inspection.
If you have an issue with store policy don’t shop there! It doesn’t have to be a law, they are trying to protect themselves against organized shoplifting! Another concept make your own goods and you won’t have to shop there!
@@hard6wood941 True for smaller businesses withe fewer controls in place. Where my wife works, a major retailer, shoplifting and returns fraud are bigger concerns. Employee theft still happens but not on the same scale.
Anybody can ask you for a receipt for any or no reason whatsoever. I can ask you to see your receipt if I want. Shopping clubs usually have membership agreements that specify this, and they can revoke your membership immediately if you refuse. A non-membership based store - they have shopkeepers privilege, but they have the same standards as police - reasonable suspicion, probable cause, etc. If a police officer asks you for a receipt as you leave, and you say "no thanks, I don't consent to any searches" - that in and of itself is NOT probable cause or reasonable suspicion. Its the same thing as if a cop tries to say that your refusal to submit to a search constitutes probable cause to search anyway - that situation completely eliminates your rights and it's been ruled that it doesn't work that way. There HAS to be more than that. Now if a store employee tries to physically detain you and you just walk away they have no special authority to assault you to stop you. I'm pretty sure though - that they can in the future deny you entry, because they can deny service to anybody for any reason. They can have you trespassed if you refuse to leave. That is the extent of what they can do. If they assault you, that employee is gonna end up in cuffs. Those employees do NOT have qualified immunity. Now - if they DO have reasonable suspicion / probable cause - such as you were seen on a camera stuffing merch into your bag - that is different, but refusal to show a receipt or submit to a search is what they use as an excuse to physically detain you, they're gonna have a bad time.
My MIL was subjected to an acceped receipt request and bag search in 2009 at Walmart that lasted 45 minutes because the employee literly went through each bag item by item and compared to the receipt. We vowed never again after this as far as Walmart goes. 45 minutes is completely unreasonable. Btw there was no belief anything was stolen the employee was over zealous.
I used to buy computer parts from a store that did this. It really bothered me. I don't have a rational reason for why it bothered me so much. I didn't complain because I know the people who's job this was would rather be doing anything else. The result was me joining Amazon prime and having all my computer parts delivered for the last 8 years.
TRUE BUT FUNNY.... When they ask me for my receipt at Wal-mart I hand it to them and say "Sure, here ya go." and keep on strolling! Generally they will start yelling "Hey, don't you want your receipt back?" and I holler back "Keep it. You need it more than me!". Sometimes they will waddle after me to give it back! They didn't ask to look in my cart and I don't stop for a split second to show them what's in my cart. I hand them the slip and just keep on a truckin' without missing a step. I've never been chased down in the parking lot. :-)
Simply put, if you do not like what they do than Vote With Your Wallet and don’t go to that store. I always considered stores to be houses full of stuff I can buy. Out of respect for the owner of the house I would follow the rules. If they required me to pay for something I would pay for it. If they required me to wear shoes, shirt and *gasp* a mask!. I would do it. Folks have their entitlement requirements messed up. That being said, Mr Lehto is a bonified lawyer in MICHIGAN, USA. What ever state you are in (yes, even the great state of Confusion) has its own set of rules. Y’all go right ahead and feel free to live by those rules. Don’t troll this guy because you really can’t win. Fun random video to wake me up this morning. Thanks for taking the time to make it.
For me it's not about my rights or anything it's about having to stand in a line to go through a register and then having to stand in another line to leave the building all because they don't want to pay to have enough cashiers running registers instead using self checkout.
I’ve seen this many times at Walmart. A family just made their purchase. Everything bagged. The person at the door ask to see the receipt. Takes a quick glance at the lengthy receipt that resembles a “naughty or nice” Christmas list. Then does a quick once over on the train of shopping carts, then waves them on. So you telling me these Walmart employees have some super X-ray vision which allows them to immediately see all in the carts, and what’s paid for in a blink of an eye? They can’t, and since they can’t they aren’t actually verifying anything. With that in mind, me with my bagged purchase and receipt in pocket do not feel obligated to stop nor show a receipt.
You are so full of it! You aren't even a lawyer!! You don't have to prove anything. They have to be able to prove theft, or you take them to court!
Shhhh. Other people think I am a lawyer. Don't ruin it for me!
That was his point though. Do you really want to go through the hassle of going to court? I don’t know about you but I don’t have the time for that. 🤷🏻♂️
@@mattyiceCA yes because its f there dont can Show cause then you can countersue
@Minerx Were you riding a horse?....That's Funny!
@@stevelehto Apparently, Joe doesn't know how to google your name!
A good attorney joke: [Lawyer speaking to his client] "You have a very strong case, Mr. Jones. How much justice can you afford?"
People don’t enjoy being treated like criminals after spending money.
The merchants rule does not apply at Wal Mart. Because they stop people constantly they are not stopping people because they have a reasonable suspicion. Suspecting all your customers are theives is not reasonable.
As a customer and someone who understands the small margin retail stores operate under, my personal policy is that I am not standing in line to leave your store. I will let you see that I have a receipt, and if I have unbagged items I will let you verify that those items were paid for. What I won't let you do is rummage through the bags of items. You already have video verification that I paid for those items. Not only was there a scanner, you have at least 2 cameras at the register watching every move I make. You also have a theft prevention system that sounds, or should sound when I leave if the security tag hasn't been removed, or deactivated. Let's not forget that you have also been watching every move I made while I was in your store.
You're a reasonable person, unlike some of the dipshits on here.
Once I bought a laptop from a big box retailer and while I was checking out (the cashier was right next to the check station) the security guy looked over and saw me pay for it. I got my computer/receipt and on the way out I get stopped by the guy for my receipt (that he just saw me get). I simply said I needed the receipt to promptly return the computer. I took the computer to the returns desk (w/o ever leaving the store) and got my money back. Most days I can tolerate that kind of stuff, but not that day.
I had that happen to me at Best Buy. I chose the digital receipt only that time and received confirmation on my watch (and phone).
I was literally the only customer at the register checking out and the employee watched me pay. I simply told him to, "pay attention and comprehend what he was looking at next time, and to not waste my time." I never stopped or acknowledged him beyond that.
We've seen and had that bullshit ourselves and it is enough to piss anyone off. I ignore them now when they pull that shit as I won't play pissy power games.
Nice... Next time I will do the same. I'll use plastic to pay for a high-end computer and without leaving the checkout lane I'll immediately open the box to verify contents and walk over to Returns and ask for a full refund. Next sale of that item can only be sold for a discounted open-box price.
Walmart lost a case. Judge ordered them to stop receipt checking at the exit without good cause. Ruled that once bought items become private property
Link?
Rashad Jackson look up Ball vs Walmart
I've seen the reason for this at a wal-mart where a guy was leaving the store with a $700 flatscreen in his cart and the greeter asked to see his receipt. He wouldn't show the receipt so the greeter just stood in front of his cart and kept asking. Then the greeter said sir you need to put the tv back and the guy just looked down in shame and eventually left the cart and walked out the door.
How is walking out of a store with your stuff in bags from the cashier reasonable grounds for the shop keeper to believe that you have committed retail theft?
After being asked to show my receipt, I have actually gone straight to Customer Service, and then returned every item that I just purchased. After they asked me why I was returning the items, I told them that "It just seems like you need the items more than I do, because they were so concerned about me leaving with them". Also, if they want to cut down on people stealing, then they need to STOP PUTTING IN SELF-CHECKOUT ISLES!!!!!
Walmart asks to see my receipt, but they don't ever look in my bags to match it up to what i bought, so it doesn't make any sense to me whatsoever.
I see no reason for Walmart to inspect My property. It no longer belongs to them after I pay for it and I have no obligation to prove ownership of my property. When asked for my recipe I politely say no thank you and continue walking. I choose not to participate in proving I haven't committed a crime every time I exist a story.
Im so suspicious looking, I get asked for a receipt before I log off of Amazon.
Me too! Damn I thought it was just me.
When stopped and asked, YOU ask "Do you suspect me of stealing?" If they say no... Keep walking.
At Walmart I will ALWAYS keep walking... I go there when I need something fast, not to stand around.
Every time they ask me "Do you have your receipt?" I pat my pocket and smile, "I do, thank you. Have a good day."
Same lol
Love your videos, Steve. But, I must respectfully disagree with you on this one (at least somewhat). It is NOT unusual for consumers to enter any retail store (open to all the public), find the product desired/needed, pay for it, then walk out of the store unimpeded. The overwhelming majority of retail stores in this country do not attempt to check your receipt when you leave. So, simply saying "no, thank you," or "I'm sorry, but I'm in a hurry today and don't have time to stop," shouldn't reach the threshold of probable cause (legally) required for a shopkeeper privilege detention (in my jurisdiction of Florida). This area of the law does have decided cases (and, in a majority of jurisdictions is codified) to help us navigate issues as they arise, but I believe we will see more decisions in the future that will further define shopkeeper's privilege.
What question is being answered is important.
Do companies have the right TO ASK to see your receipt. Yes.
Do you have to show it? It depends on what the merchant is saying to you. If you are being accused of shoplifting, then your exculpatory evidence is better shown up front rather than later after you've spent $1,000.00s in legal fees. However, if it is just a routine "greeter" request, then you have to decide, based on the situation, whether you want to do that.
In my opinion, electing to walk out should not trigger a detention in Wal-Mart. It is a slippery slope to give shopkeepers immunity with how they treat you with respect to detention simply because they are not the government. The 4th Amend doesn't give you rights (I know you already know this), it merely prevents the government from taking rights you are naturally born with (without clearly defined legal reasons). To give shopkeepers immunity is a great way for the government to go outside the Constitution and violate your rights without any recourse on your part.
Wal-Mart has directed its employees not to detain customers (unless they are part of those designated employees with the training and authority to do so, and only under probable cause). This is especially true for jurisdictions with codified shopkeeper privilege statutes. Florida has a shopkeeper privilege statute, which was passed in an attempt to protect shopkeepers from erroneous tort action, but it comes with the other side of the sword's blade, so to speak. Shopkeepers now are expected to detain only upon probable cause, which is defined in written law (here in Florida). If a shopkeeper behaves outside those boundaries defined in law, it exposes itself to the threat of tort action. So, Wal-Mart (and others) have internal policies addressing who and how these situations are to be handled.
When I leave Wal-Mart (where I rarely go these days) and am asked to show a receipt, I ask if I'm being accused of shoplifting. So far the answer has been "no." I thank them for their hard work and keep on walking (having never actually stopped in the first place).
Interestingly, most retail loss prevention experts report that between 60 and 70% of theft is attributed to employees.
I say all this as a matter of academic discussion. Under no circumstances do I claim to be anyone's attorney with my discussion in whole or part.
Thank you for your videos, I really appreciate them and look forward to more.
Very good point. Government uses private sector whenever it wants to get around laws that only apply to government.
I used to shop Walmart for many years like most people, and I also have a Sam's membership. I always expect to show my receipt at Sam's. Walmart has been increasing asking more often than usual... For the most part I show them, but recently I've been getting irritated about it. I spend a lot of money there, having a wife and 2 kids, it adds up. I spend about $400-$600 a month there. I did have a small situation last year, I just worked a 14 hour day, was tired, and aggravated... I just purchased $362.74 in groceries. I then put my receipt in my wallet as I always do, then headed for the door. They stopped me asking for my receipt I said no thank you I'm good and started to walk. At that time the youngboy stepped in front of my cart forcing me to stop. Make a long story short, the manager got involved and I was already agitated more than I should have been. The conversation ended when I said, if I pull my receipt out, it will be to turn around go to the customer service counter and get a full refund. I suppose the manager thought I was bluffing, he then demanded a receipt, so I pulled it out showed him he said thank you and sorry for the inconvenience. I said no problem then told him to come with me. I turned around and went straight to the customer service counter and made them refund me completely. I never stepped foot in that store again.
Yeeee haw! That's how to do it. I also no longer shop at that chain because of their constant suspicion of customers. I admire your handling of the situation, even though you were tired and a bit cranky. It seems that someone should have noticed that you were a regular customer, but those discount stores have high turnover in the employee department. Kudos to you for demanding a refund and no longer frequenting that store!
Although based on Steve's video I have greater empathy for why a store would ask to see my receipt, I admire how you stuck to your guns and still do (not having returned). I respect that a lot.
Good for you! We have a walmart in our small county but I won't shop there. I go to the store where they know me.
The walmart has devastated our county. Big chain stores came in. The crime log used to be empty but now it is full. I will act as cold and heartless as they are and NO, YOU CAN"T SEE MY RECIEPT! I WENT THROUGH THE EMPLOYEE AT THE COUNTER AND THEY ALREADY SAW IT> GET OUT OF MY WAY.
Good for you, stay the hell out.
If more people did that it would put an end to this bullshit. Nothing but a bunch of Nazi thugs.
Simply by declining a search does not provide probable cause to search the area. The same logic applies across the board.
Idk? I get the feeling they are just testing the waters seeing how people will react before they try and pull a costco and make it mandatory to check all receipts and people will stand in line to get out also? I think it will fail soon and they will stop, people arent going to put up with it from a shithole like walmart.
I think what bothers people about Walmart checking it’s customers receipts is that in America we are supposed to be innocent until proven guilty. It’s interesting that Walmart claims they are checking receipts because they are trying to stop theft, and at the same time they continuously expand their self checkout lanes and do away with cashier stations. Seems like Walmart is driving up profit margins by having customers check and bag their own items, then treating them like criminals on the way out and making them prove they didn’t steal. The problem is that people have become so complacent that they say “oh just show them your receipt and you can be on your way, after all they’re just doing their jobs”. The Nazis said they were just doing their job...just saying.
Receipt check refusal has nothing to do with being "offended." I refuse because i am not a part of their law prevention team. For that same reason I refuse to use self chechouts:I don't work here! Provide me with some small incentive (discount, coupon etc.), and I may be inclined to participate.
That's the problem, they want you to be an employee (self checkout), and pretend that they are helping to control costs by stamping down on shoplifters. However; they have saved money by not having a cashier so yeah, imma keep walking...
Just take your purchase to returns. You don't need it bad enough to be considered a thief
The thing is when these stores started doing this they did it with the hope that the public would just be complacent and allow them too check bags. What this standardization does is it creates an atmosphere which teaches people that they do not have the right to travel and be safe and secure in their belonging freely. Yes sams club and cosco and some others have an agreement with the customer. But the agreement in it self is the store acknowledging your right to leave the store unabridged with goods you have purchased. If you refuse after agreeing to their terms then your agreement gets canceled and you are no longer allowed to shop their. I personally do not allow Walmart or best buy to check my bags. just like police aren't allowed to just pull people over and rifle through their belongings without probable cause. I exercise all of my freedoms because they are mine and I intend to keep them and I would hope the next generation wants to keep them too.
the next generation just rolls over and takes it, sad
The number 1 cause of shrinkage in a lot of retailers used to be the employees. I don't know if that's still the case. They pass items over the scanner without scanning it for their buddies, they put stuff in the trash and then go get it from the dumpster later, etc. Two employees working together can do a lot of damage.
I just keep walking, dont look or say anything to them
They have the right to ask, just as I have the right to deny.
If they want to check my bag I think they should do it at the register perhaps while checking me out. They didn't seem that interested in my items while I was waiting 25 minutes in one of only 3 open lanes out of 15 to PAY for the stuff. Even better is when a "manager" stands behind the register line pointing out the shortest line instead of working one and providing customer service that would actually be helpful. Maybe it's just my local box store that is so pathetic. If they provide prompt, accurate and friendly customer service then I would let them see my bags, receipt or my colonoscopy video. When I have to wait a half an hour to pay for my Charmin I certainly don't want them taking up more of my valuable time. Hell, hire a whole fleet of security personnel to watch me like a hawk while I am in the store as long as it doesn't slow me down. That would seem to be a more effective way of preventing loss than the lackadaisical way they actually "check" the receipts or cart. Anyone ever see them catch a shoplifter by doing this? Not me.
They have a right to ask. You have the right to deny.
I had that experience once in Walmart! The man wanted to go through each and every bag,counting each and every item I purchased. We argued about him violating my right's to be secure in my person and property. I challenged him and left the store. I called in the Walmart Credit Services and complained in a civil way. They tried to blame the man checking my item's,but I focused the blame where it needs to be! The Management! I told them over the phone that I blamed Management at that Store even though they tried to place the Noose on the Employee who would have been Fired..,I wouldn't let them because the Employee as I explained to them was only the person carrying out Walmart's Company Policy! They suspended him for 2 week's, but the Policy Execution changed because in fact,"WALMART IS ONLY ALLOWED TO CHECK THE ITEM'S THAT ARE NOT BAGGED ALREADY,AND THEY CAN ONLY CHECK THE ITEM'S NOT BAGGED AND IN PLAIN SIGHT!" If they go into your bag's counting item's and scanning them, then they are in violation of your right's and not the other way around! This is my experience as I actually exercised it.
Steve:
Like you, I am consumer rights attorney, except that I am based in California. Interesting here as well is that I am also a former store detective (long, long, ago, in a life far, far, away.) And while I normally agree with your interesting talks, I must say that this time I think you got it wrong, and for a number of reasons. To wit:
Episode 5.65 was entitled “Can a store force you to show a receipt before you leave?” You say “maybe,” and conclude that it is a “gray area,” but in my mind the answer is a resounding “no”, and that is pretty much black letter law. Further, in your talk you ask, rhetorically, “should you just show them the receipt? (Out of practically.)” Again, you say “maybe,” while I say “no way.” And where is why:
Contrary to what most people believe, these stores are not trying to stop shoplifting. They are trying to stop their employees at the cash register from working with thieves. With these scams, the dishonest employee will allow his friend, or co-conspirator, to “purchase” products at no charge at all by not ringing up the item. The “customer” then leaves the store with the item that was not rung up at the register (but usually along with other items were rung up).
This is similar to when you go thru drive thru lanes at restaurants and you are urged, in a sign at the window, to call a certain 800 number if you were “not given a receipt.” The restaurant wants you to report that you were not given a receipt because when you do not get a receipt it is likely that the item was not rung up by the employee. Then the employee pockets the money he received from you and the store loses the sale.
In summary, the goal is to get the employee, it is not about customers “stealing.” (Further, in Sam’s Club, Costco, etc., the stop with the receipt check is normally a mere few feet from the register where you purchased the item. Looking at the receipt in no way demonstrates that you did or did not shoplift - it just double checks that the person at register is really ringing everything up.
As to the idea that “they can search it at memberships because you agreed to it in the contract,” I disagree there as well. First, I question whether such a condition in a contract would be conscionable, but either way the fact that the term is in a contract does not provide the store with the right to “force you to show a receipt before you leave.” Further, assuming, arguendo, that the provision is conscionable, the member’s refusal to abide by that provision would only be a breach of contract, it would not provide the store with grounds to “force you to show a receipt before you leave.”
As to the idea that the shopkeepers exception could apply, as you point out the shopkeepers exception only protects a store from liability when “they reasonably suspect that you have stolen something”. But if the store does this to everyone, as is what happens, clearly they are not doing this because they have any reasonable belief that you stole something. You can’t have such a belief if you apply the “rule” to each and every customer. The fact that they do it to everyone merely proves they do not have reasonable suspicion.
As to the idea that saying “no” is grounds to be suspicious, that is crazy. Certainly you recognize that when an American refuses to cooperate with such improper tactics that is not to be held against him. It is like saying that when a criminal suspect says to police, “I want a lawyer before I speak with you.” The courts are not allowed to infer a negative inference to you enforcing your rights. Continuing to walk away is not “unusual behavior for someone who hasn’t stolen something,” and “detaining” the person based on that will get the store sued faster than lightning. It is merely a person who doesn’t want to be accused of criminal behavior due to some impotent “policy” of the store.
Finally, at the end of your video you suggest that the refusal to cooperate will end with the police being called and the customer being “dragged back to straighten all this out.” As any police officer will tell you, that would require probable cause, and refusing to cooperate with a store that hopes to suspect everyone is not probable cause. Consequently, such a person would never be “dragged back to straighten all this out”, but if he were, it would certain then implicate those constitutional protections you batted away at the beginning of your talk.
Hope to see you at NACA/NCLC!
Sorry, not a member of NACA or NCLC but that's another story for another day. I'm in MICH, you're in CA - I suspect that explains more of the difference of opinions than anything else.
At Fry's they mark the receipt after they look at it. I've walked out before without them looking at the receipt when there was a line or no one readily available to check, and it's never been an issue, and I've seen people flat out refuse to show it and they don't fuss. But what I wonder is could they refuse the return if your receipt isn't marked?
It isn't just a CA policy. Costco checks receipts as a second point of confirmation that the employees running the cash register are ringing up every item. Just ask the recipient checkers at Costco. Sam's as well. They'll confirm this. I can't speak for Walmart as I've seen profiling at their doors. But Costco & Sam's, it's generally an understood that it's done to double check the cash register process....
Well according to your professional opinion stores don't have rights to protect their products from theft and they certainly can't do anything to stop theft either.
I never said "only." With your attention to detail you must have been great at your job. Plus you seem to have anger issues. What a way to go through life, eh?
That has happened to me at walmart, i just ignored them and kept walking, and that was the end of the story. And i had nothing to hide, it's just the principal of it all.
As Law Enforcement if I received a call from a local WM and they stated someone refused to show receipt, I simply ask: "What was your articulable suspicion to think that person needed further security screening"? Manager will say something about policy and I inform, WM policy is not law and if you do not have cameras, witness etc. showing/stating person may have stole, I'm out. If you're a WM greeter, I can advise to never hold someone from leaving or holding someone against own freewill without reasonable suspicion they may have stolen, It's a thin-line and can be seen by L.E. as law broken by retailer, but then you may get an Officer/Deputy etc. who will side with retailer and start a Sherlock Holmes investigation. Without PROOF a person may have stolen, it really is just a civil matter.
I did have a friend who was told by a WM Manager that it was "Company policy" to require a receipt proof of purchase at door prior to exiting if items were not in a bag. Manager was referring to someone who had a TV, case of Soda, mop Etc. He claims he told her (till he was blue in the face) that WM policy was not LAW and she refused to understand the difference.
Not sure why so many here are giving the Attorney a hard time on his advice. I understand what he's saying and the law he cited, but for boots on the ground, it still comes down to proof something happened. Thanks, for your take Sir.
My ADVISE is if you are confronted by a greeter after purchase is either show the receipt or keep walking. I understand both positions. Me personally when asked for receipt I simply say: "No thanks" keep on going. I personally think it's rude and ticks me off. Now, if you are asked for receipt and actually did shoplift........Lets just say make it easy on yourself and give up. When cops are called and video of your face, actions and vehicle are obtained, it's just a matter of time you get taken down. Sorry, for grammar Etc. on an iPad.
"policy is not law"
I like this. This is what I say every time I go Walmart. First time I went and was stopped I asked why. They told me it was store policy to ask for a receipt if there were non bagged items. My non bagged items was a bottle of water I had bought while in the check out. I laughed and my exact response was "no thanks, policy is not law" and walked out. I fully expected police to show up but they never did. I continued to do this every time I went till eventually the greeters started to remember me and not even bother asking me anymore.
By the time I'm leaving Wal-Mart with stuff, I've already waited through a ridiculously long line watching one of the slowest, saddest, unmotivated, overpaid cashiers in the world and stuck the receipt in one of the bags where it belongs. Now some "greeter" who instead of greeting me when I came in treated me with disdain wants me to spend precious more minutes trying to figure out which bag I put the receipt in so he can pretend to read it and determine whether everything I have in my bags is on the receipt? No way. If they're lucky I just tell them, "No, this is all mine," and walk on. Much of the stuff at Wal-mart is no longer the cheapest priced anyway, their selection has really waned, and too many Great Value brand items have had to be recalled after people have come down with E-coli (not even meat, but things like peanut butter and potato chips). The only time I go to Wal-mart anymore is when I need something specific that I know will be much cheaper there than elsewhere, but half the time anymore they don't even carry that item anymore so I leave empty handed. By the way, those new automatic gate-door-things the Wal-Marts are putting inside their stores to make you exit through the check-out stands... just give them a little shove if you're exiting the store without buying anything; they open easily with a manual push.
Never give it a second thought. Just show them the receipt and move on. Shop lifting cost me money in the long run and whatever the store needs to do to try stop it is ok. Blame the bad guys not the store! Don’t like it, don’t shop there!
yes it's worth the time to keep the chipping away of our dignity and rights not to be embarrassed and treated like a criminal. I can remember if a merchant wanted to check your bag it would make you perceived as a criminal since back then usually the merchant caught you dead to rights. If they were wrong I remember once the merchant apologizing intensely.
A dirty little secret is that 60-80 percent of the "Inventory Shrinkage", is caused by the store's own employees. Checking receipts is a "cover their butts" ploy.
Fake news - employee theft is estimated to be around 30-35%.
losspreventionmedia.com/insider/shoplifting-organized-retail-crime/shedding-light-on-retail-theft-statistics/
They can ask all they want but I NEVER show them proof that I own my belongings! If everyone would stop letting them do that they would stop asking. All those people that allow them to check are the reason why it continues...
People willing to trade their freedom for temporary security deserve neither and will lose both.
Amen!
It's interesting to research the original context of Franklin's aphorism; however it certainly had nothing to do then or now with buying Cheetos at Wally-World.
They have scanners on your way out the door. They have camera's that cover almost every inch of the store. They have cameras at every Checkout. Why do they need to see your receipt as you leave the store unless they think you've stolen something? So YES, it IS worth fighting every time. Just my Opinion.
I won't even go into how high a zoom those (indoor) cameras have... ☝🙄
Employee theft. Especially cashiers giving free stuff to friends. That being said I just say no thank you and keep walking
And these stores wonder why people are shopping online, easier to avoid the hassles. 🤷🏽♀️
I always gladly show my receipt at Walmart. Most of the people who are doing this job at the Walmart i go to are elderly people just doing a job to make ends meet. So I do it out of respect for them and the work they are doing; I don't give a damn about the corporation. Why make the life of someone standing at the door for 8 hours making minimum wage, more difficult. I lose nothing by showing them my receipt.
I feel bad for the poor employee that gets put in that position. In fact, I feel bad for peeps who have to work there at all
They have cameras, loss prevention personnel, a checkout process, and an alarm system. If they still need to check receipts after all that then they might want to find the holes in their security.
Hypothetical situation.- Say I buy my stuff at (walmart) a store and I go to leave and the person asks to see my receipt or look in my bag. I say WHY? And they give the Spiel " it is store policy we like to keep our prices low by keeping shop lifting to a minimum" YADA YADA YADA. And I say ""do you suspect me of shop lifting??"" So what are they gonna say? Most likely no. Because if they say yes then they are accusing you of a crime. But if they did say yes, then simply tell them to call the police. Which I doubt they will do, because the police will not like it to much being called out there for no reason. So their most likely response will be ""NO"". So according to the (shop keeper) law they have no reason to look at your receipt or look in your bag because they just admitted they have no reasonable suspicion of you shop lifting . Am I right???
If it is there policy to look at everyone's receipt or they could get in trouble for targeting certain people then yeah they are going to look at your receipt because they have to.
You wait in line, you purchase your order and then another big line to prove you just paid? Watch the video. No time for that!
As a matter of principle, I say, “No thanks” and keep walking. Never had an issue, never shown a receipt.
As I see it , is it worth the trouble? To me yes , I would never give up my rights in any way and will defend my rights at all cost.
Your rights do not apply inside private businesses. Do not conflate private with public. When you start to think that way just remember, no shirt no shoes no service.
@@RLGanley Wrong. Not all rights apoly, but there are still many rights that apply, as the right to not be falsely imprisoned
You either have a lot of time on your hands or you have a lot of money to blow on legal fees or both.
@@17ultralimited69 Who has the most to lose, me or the store chain? Go ahead, falsely detain me or try something that'll make me even more money!
😅👍
Where I live, if you want to detain a suspected shoplifter you need to be able to state what you suspect them of stealing and where you think they are hiding it.
I have been stopped many times for a receipt, in many different cities. I have absolutely no problem with it. Only true thieves and shoplifters should have a problem with this minor issue. But if it really bothers someone that much, they can simply avoid shopping there. END OF STORY.
Only criminals should worry about the government searching them or their house without a warrant. Only a criminal should worry about their houses having camera's installed and the police watching everything they do. Only criminals should worry about....see where this goes?
Not stopping to give the person your receipt does not constitute reasonable suspicion. The thing I just bought is mine. The receipt is mine. I don’t have to show anyone and there is nothing they can do to make me show them. However, Concealing something in the store and passing all points of sale into the parking lot constitutes reasonable suspicion. Then they can detain me. This video was a horrible explanation.
DEE TEE you’ll notice that they primarily do it when you have items that are too big to be bagged.
@DEE TEE - 100% agreed. In my State, and I suspect most States have similar laws, that makes it *illegal* for an employee to stop a person unless they personally witness an act of theft. Simply having a hunch does not permit a detainment. If they did, it's called false imprisonment, a wobbler misdemeanor or felony.
www.legalmatch.com/law-library/article/shoplifting-probable-cause.html?formVariant=2
How is Probable Cause Established for Shoplifting?
Shopkeepers can go through some basic steps to establish probable cause for shoplifting. While shoplifting laws can vary by state, following these six steps makes it easier for the merchant to establish probable cause for shoplifting:
You must observe the suspect approaching your merchandise: It’s important that you see the customer enter your store without any of your products with them. You should make sure that the shoplifter isn’t bringing an item to your store for a return or exchange.
You must observe the suspect selecting your merchandise: A common mistake that occurs is where a shopper is mistaken for shoplifting because they put their own property in their pocket.
You must observe the person carrying away, concealing, or consuming your merchandise: Shoplifting can occur when the person places the unpaid merchandise in their bag or pocket, or if they have consumed (eaten) food without paying for it. It’s also common for shoplifters to remove tags from clothing and walk of the store wearing the clothes
Your observation of the suspect must be continuous and uninterrupted: A common mistake occurs when observation is broken, giving the suspect a chance to “dump” the merchandise. Legal problems can arise if the person is detained or searched and no product is found on them
You must observe the shoplifter failing to pay for the product: Many shoplifters simply leave the store without approaching the cash registers. Other shoplifters may pay for some items, but not the ones they have concealed.
You must approach the suspect outside the store grounds: This makes it more certain that the person had the intent to steal the item. Some state laws allow merchants to approach shoplifters while still inside the store, so long as they have concealed merchandise on their person or in their bag.
Well that's dumb. You would ensure it culd only br resolved with involvement of police and perhaps a court. Great outcome, gonzo!
The reason they are there is to deter theft not stop it. If you don't want to show your receipt then you might be in your right to decline but personally I just oblige with a smile because in the end they are just doing their job.
And sadly this is the mentality of most ppl. Ego so big cant fit in the car.
Avoid confrontation. Just ignore them and keep walking. I go to Walmart all the time and never once waited in a line to show my receipt. No, they aren't going to tackle you or pursue you. If they do, they better be damn sure I stole something. Otherwise, lawsuit. Assault, false arrest, kidnapping, unlawful detention, false imprisonment, public humiliation, mental anguish, and anything else that may arise during their assault and battery. That's why they'll let you pass.
Defamation of character also
What I do is ask this simple question. When asked to show a receipt, I ask the clerk, "are you accusing me of theft"? They will say no, then I say no. This effectively voids the shopkeepers privilege as them saying no they are not accusing you of theft voids probable cause. If they follow you, detain you, or call the police, then its a defamation lawsuit. *BONUS* IF they detain you, fall to the floor and cry, make the biggest scene you can and claim its a traumatic event!!!
If you fell to the floor I would call the paramedics and you get to pay for the ambulance ride.
There is NO grey area. Absolutely none. Ppl may say "it's not a big deal." But it all starts somewhere and once you let your rights be infringed upon, where does it end? Stand up for your rights every time.
Once you have paid for the item(s), they are your property....you do not have to entertain anything or anyone concerning your property, no matter where you may be.
Even at a membership club, it's your property....they may claim contractual obligation on your part...but, it's no longer their property.
AnotherBoringWeek you are dead wrong.He just put forth the reasons you are wrong.
And you are on their property.
It’s super simple. If you don’t want to be treated like a criminal after shopping, simply don’t shop at Walmart. You can go anywhere else and be comfortable leaving.
Why are you defending profiling?
Most shop theft is by employees not customers, public shaming by asking without evidence of a crime being committed, is a form of defamation IMHO, and why even ask, with modern security cameras there should be no need to stop anyone not suspected of a crime
Once you pay for the stuff at the register, it becomes your property. Just as much as your cell phone or your shoes. They have no right to challenge you over your own stuff. And with Walmart, I'm not gonna stand in yet another long line after standing in line for 15 minutes to buy some sweatpants and shirts or whatever. I'm disabled, and by the time I'm done with my shopping and standing/leaning on my cart in the long checkout line, I'm done. I'm not gonna stand in another long line for 10 minutes while everyone who just checked out gets their cart picked through. Besides, at some Walmarts, it's just a dog and pony show and they're not really doing it for real, they just want the illusion of extra security and it's a huge inconvenience for people, especially for people like me who feel like they're gonna collapse after dealing with weaving through unkept aisles, dealing with rude and untrained employees, some of which don't speak English, and standing in a huge checkout line because they don't wanna properly staff their checkouts.
I just smile and say "No, thank you." and keep walking.
But let's war game this out and see what's "reasonable".
(I'm only addressing the bagged items and not large items like ladders and TV's.)
I wander around a store with a cart or a basket provided by the store...not a shopping bag, and I make my selections and proceed to the checkout.
At what exact point am I supposed to transfer my ill-gotten gains from the checkout, at the front of the store, into my shopping bag which I acquired from the cashier, at the checkout, _without_ being observed by anyone?
...
This is nothing more than security theater for the stupid.
They're not checking to see if you stole anything.
They just want people to see you being checked, as a shoplifting deterrent for the idiots who might think about stealing.
And that is far from reasonable.
Excellent, very well put.
I have had fisticuffs with those attempting to physically restrain by brute force after refusing to produce a receipt at the WMart vestibule .The beefy guy thought he was able to overcome me but got the bad end of the deal, then called police and tried to have charges levied on me. They set him straight in that Penna law describes any unwanted contact as an assault unless performed by officials in uniform.My win even after giving him a dose of bulls--t spray to the eyes plus a few choice hurtful moves.
The only response I have for this video is that you only have the rights you are willing to demand and have the conviction to fight for
Your rights at Walmart? Sure, fight away!
After spending 10, 20 minutes in line to pay for my stuff I'm not stopping again. What's the charge if you dont comply? Nothing was stolen.
Just don’t go to Wal Mart, they suck, it’s easy to find somewhere else to buy. Haven’t been to Wal Mart in 20+ years.
1st point: you stated Reasonable Suspicion then when you read Michigan law you stated Probable Cause. Much higher legal standaed.
2nd Point: Yes. Absolutely YES it us worth the hassle!
NEVER waive rights. Refuse to cooperate and once police show up refuse to allow police to inspect your items unless they have a warrant. Force them to make an unlawful arrest then litigate Walmart and the police.
Once a person has paid for an item there is no obligation to allow anyone to look at it.
An innocent person should NEVER be treated as a criminal.
Adjudicating every case to ensure you get the 1 criminal shall not be permitted in the US.
Standing for your rights is ALWAYS worth it.
This is a long standing debate that I have personally pursued. Steve's correct that in membership stores (i.e. Sam's Club, Costco, etc.) they have that right because you signed their membership contract that gives them that right. All others differ from state to state and ends up being a gray area at best. It used to be that in most states you cannot be detained for any reason unless you're being arrested. Then it went into the gray area of, and here's the key word, "suspicion". And that brings up another gray area. If someone suspects you of wrongdoing, who are they to act on that suspicion? Are they a law official? Have they been trained as such? The other gray area is, can someone suspect everybody of wrongdoing? The strength, like anything else, is in numbers. If enough people complain, they will probably stop it.
Here's something that probably most people don't know. This whole procedure started NOT because of people walking out with something they didn't pay for the first time round. But, rather, using that initial receipt, in which something WAS purchased, and then taking it back into the store, grabbing the same item, and then using that original receipt to fraudulently justify leaving the store with a second helping of the same item. This is what the membership stores were originally guarding against. This is why, after reviewing your purchase, they mark the receipt with some type of stamp or written felt pen insignia for that day (because all receipts have time and date stamp). Now you can't immediately come back into that store using that autographed receipt.
If you purchased something, it is yours. Those are your bags and your items. ABSOLUTELY you have a constitutional right for them to not dig through your bags. If they suspect you of doing something, they can call the police. They can as a private entity, ask you to never come back. There is no law whatsoever that says they can look through your stuff. Not showing a receipt is not reasonable suspicion or probable cause.
You are a lawyer?!?!?
Careful, he'll shadow-ban you for disagreeing....
Reasonable suspicion or PC has nothing to do with it. That only applies to agents of the government, the people checking receipts aren't the government. Basically its all a civil issue and if you walk into a store that has a policy that says this is what happen if you shop there, then that's the way it is. Your choice is to not shop there.
yes, but what happens when they want to inspect your bags with your purchased items in them when they haven't stated that all bags are subject to search. you have no reasonable expectation of having your items inspected.
The key, even under the Shop Keeper's Privilege laws, is that a shop keeper can only detain if there is "Probable Cause" of theft (which is a higher standard for detention than a law enforcement officer that can detain for "Reasonable Suspicion"). A shop keeper has the right to ask to see a receipt, everyone has the right to ask anything. However, a shop keeper does not have the right to detain a customer absent "Probable Cause".
A merchant's loss prevention is not my responsibility. With the exception of membership stores, where I agree to their terms, I will not show my receipt. They are free to ask. I am free to say no. If they wish to escalate from their then they can formally accuse me of shoplifting and deal with the legal consequences of their actions.
I don't shop anywhere that they treat their clients like criminals. Anyone that gives up any rights for security, deserves what they get.
I've heard that the rationale for some people is a concern that if we sheepishly submit to policies of proving our innocence then burden of proof will start to shift away in our society and we will lose our rights.
Refusing to allow someone to look into your bag is not a REASONABLE argument that you are likely to have stolen something. I worked in store management for almost 20 years. In our chain you had to SEE the subject approach the display of merchandise, you had to SEE the subject remove the item from the merchandise display, you had to SEE them conceal or attempt to conceal the merchandise, you had to SEE them pass the point of purchase without making an attempt to pay for the merchandise, and you had to SEE them exit the store without paying for the merchandise. ONLY THEN are they allowed to even stop the person and detain them for law enforcement to investigate. It is not reasonable to believe that EVERYONE leaving the store who is refusing a bag check is stealing merchandise.
It's simple, if "they" force you to show a receipt, do it. Then, walk your cart over to the customer service desk and, demand a refund for EVERYTHING!
Yes a sane reply. If it upsets you don't buy anything at that store and go somewhere else.
Corporate Walmart policy states they may ask for a receipt but a shopper is not required to show nor can the employee touch or detain for such reason.
.
They don't pay me for my time, no right to detain me and waste my time.
Never bothered me at all. Shoplifting costs and costs get passed on to customers.
My problem is, you run in to get a quick item, out of 20 registers, only 1 is open, you wait 20 minutes to get checked out then have to wait another 10 while the person checking receipts is chit chatting and checking receipts..why couldn't they be working a register instead.
They have the right to ask, you do not have to comply. They have to have you on camera or in constant view of loss prevention or some combination of both if they suspect you of stealing. this was the policy ten years ago when I worked for loss prevention. Cops can't make you come back o the store. If they show up to our house you don't have to answer the door or talk to them. If you weren't stealing you have nothing to worry about. If they had proof the cops will just come and arrest you.
The real kicker is that employee theft is much bigger than "customer" theft.
Factors of 8-10 to 1 are not uncommon....
So really its only annoying customers and taking up employee time.
And would go down substantially if employees were paid a living wage.
" Reasonably Suspect "! If the Store is stopping ' most ' or ' all ' their Customers under suspicion of theft, the Store has serious problems? Stop shopping there!
There are four WMs near me. One of them is adamant about checking receipts....I just took my business to one of the others that don't make me appear to be a thief every time I shop there. Over a period of the last 5 years, that's been a LOT of business. Too bad for them!
It is real simple.....unless you signed a membership agreement where it stipulates they can look at your receipt or you are picking up something paid for previously, just politely keep walking!
I really don't like the idea that if you don't show them the bag that that gives them the idea that you are hiding something.
That can be applied to literally anything! "Show me your computer bro, I bet you downloaded movies illegally. Won't show me your computer? Okay that's reasonable suspicion."
If the question is "is it worth it?" I think yeah. tbh i'd rather stick to my principles.
I also save a lot of time at Walmart because I never stop for the greeters which is nice.
You do NOT legally have to show your receipt unless you are a member and you have signed an agreement to do so. I don't ever show a receipt. I don't argue either. If asked for a receipt I simply say have a good day and keep going about my day. If an employee decides to become physical or violent then there will be a lawsuit.
Also criminal charges here is why that employee decided to commit an assault and false imprisonment
Only sheep in the herd, are herded!
Just went through the bullshit for the first time at my local Walmart, normally they have old white ladies and men near death at the entrance but this time they had a young black girl, obviously because they know she would be kind of ignorant and do whatever they asked. I literally had one small item and she asked to see my receipt and I showed it, then thought about it and went back and confronted her. The idiot tried to argue that Walmart and Sam's Club are the same and I had to inform her Sam's is a paid membership and you have to agree to certain terms. Once I was done with her I called Walmart Corporate who indeed confirmed that I don't have to agree to show my receipt if I don't want to. I can't wait until they are sued over this, I will sign up for the class action immediately.
The last time I shopped at Wal-Mart it was grocery shopping. My wife and I checked out and we spent 455 bucks on food. We walked to the door and this greater asked to see my receipt and I told them no. He attempted to block me from leaving the store which I then turned around and pushed my buggy to the customer service desk and returned every single item and have not been back since. I now shop at a local grocery store instead. I pay quite a bit more but I am not harrased in the process.
10 seconds of looking at a receipt in exchange for switching stores and paying extra money because of something everybody else in the store has to do because you consider it harassment? Hardcore
@@FierceZs1 but everybody else doesn't have to. They choose to. There are a dozen or more stores I can go spend my money and then walk out without being harassed so yes I'm going to shop the places that leave their customers alone. Do you really think some minimum wage door greeters stop theft? If that's the case they should just get rid of there million dollar camera system, all the loss prevention employees walking around in plain clothes etc... If Wal-Mart is so concerned about people stealing then maybe they should stop making all their stores self checkout as well.
Why you spend 455 dollars on shitty walmart food
@@Vgp-rp4iu You have every right to shop at the store of your choosing, but to say that you were harassed is out of line. You literally think that a 10-15 second receipt check because of everyday theft that occurs in the store, wouldn't be a more reasonable choice over spending the 5-10 minutes at the customer service booth to return all of your products. Then at the end of the day, drive to a different store, end up taking about 3 times longer to get your shopping done, and then you lose money on top of that because it's more expensive there.
Simply put you're antagonizing a store for trying to limit its shrinkage, and in turn only hurting yourself. The store has many other people more than willing to take a 15 second receipt check to save a lot of money on groceries. I just think you're a drama queen, if what greeters do is considered harassment, then so should be the cameras watching you 24/7 in pretty much all stores.
@@AnthonyPicciano A franchise with a net worth of almost 400 billion won't care if you decide not to shop over a receipt check, you're just making trouble for yourself.
I walked into a "Wiz" store in NYC in the 90s with a bag. I specifically asked them if they wanted me to check it in and they said no. But when I left they asked to inspect my bag. I said no and walked out the door. They proceeded to follow me out of the store and physically stop me. I refused to let them look in my bag and they got physical with me.
I waited for the cops and only then opened my bag for them, which had nothing that was stolen. These clowns started walking away and I was like, uhh no, I'm taking names. I filed a police report and subsequently won a $3,000 settlement against the store.
That's BS, you should have lost
What is BS is that people are so indoctrinated into believing the stores have this right and that us, the people, have to just surrender our rights to theirs. Um, no.
In the UK, the store has no legal right and cannot force you to show a receipt. If they try to forcibly detain you, you can use reasonable force to make them stand aside. By touching you they are committing a criminal offence of assault.
I bought a cooler at Walmart. They asked to see inside cooler as I rolled out. I said no. They told me If I didn't they would call the cops. I said go ahead and proceeded to sit on cooler. Cop came wanted to see in it too. Said no need warrant. he said have a good day I left. Realize u paid for it. Therefore ur property. receipt was given to u. Ur property. Burdens on the shopkeeper to prove ur guilty not u prove innocence. Same works for bags. Need warrant. No judge will grant a warrant for that waste of time
The only thing Walmart ask me for receipt is to check such item not in back such as water under cart is payed for soda six packs on rail
If they want to look in cooler the checkout person should do that before you pay for it
Aaron Venden thanks for that! Apparently this guy enjoys giving his rights up. Sheep are sheep.
One question: Did you show a receipt for the cooler? If you did then you are in the right that it's your property and you shouldn't have to show the inside. If you were being an ass, like many posters here, and refusing "on principal" to prove that the cooler was yours then the burden of proof actually shifts to you to prove that the item you have is your property and not the stores. People need to realize that a receipt is also called a "PROOF OF PURCHASE" and is meant as your legal way of showing that the item(s) you have are now your property and not the stores.
Correct as many have asked I did show the receipt for the cooler. The cashier checked inside when I bought it but the door person had no way of knowing that. Also, waste of my time? Hardly. I choose how to spend my time. If I want to build a house withy free time or play video games all day that's my choice. I enjoy correcting businesses and cops on the rights of people. Too many people let their rights get over looked. A right not exercised is a right lost as the saying goes. I have all the time in the world to watch people get flustered and I do it with kindness
Guard watched me check out. Eye contact. Watched cashier scan every item. Stopped me and began digging through my bag. I called for manager, simply demanded a refund, left with my cash and left him with the receipt and the stuff in the bag. I am no longer a Walmart customer.
Simple enough.
Some honest people like to be treated like a no good crook . I'm not one of them . if I have done no wrong another must leave me alone or I will help them with this
If they insist upon seeing your receipt, have them follow you to the return counter and return each and every item, then and there.
Then take your receipt and re purchase everything. Then dare them to stop you again!
ya thatll teach em! rofl
Many years ago , when I was a frequent Walmart shopper , I ran into random receipt checks and I politely refused and kept walking. Absolutely nothing happened. In a incident that I witnessed , I had an experience that made that the last last trip I ever made to Walmart. I had nothing to do with it but was just a witness. I’m a Target shopper now. I’ve never had any problems from Target at all.
Wal-Marts are installing a majority of self-checkout lanes in stores... So now they force you without pay to checkout your groceries, bag them and now they want to check them at the door all to save from paying people. At least when they had checkers they self-policed you as they rang you out and you walked straight to the exit. One greeter wanted me to wait while he checked others carts. He yelled at me because I refused to wait very long time.
I walk by those lines every time. They ask..."Can I see your receipt?"
"I don't know, can you?"
I get a lot of blank stares at that point from people who were never taught the difference can and may. At which point I walk out. If they DO know the difference, and say "MAY I see your receipt?" The answer is no, and I walk out. I usually don't get bothered by them at all any more, and I have to assume that this is because they've been retrained to not push the issue.
If it ever gets to the point where they start insisting, I'll be stuffing the receipt down the front of my kilt, between the thigh and the boys, as soon as it's handed to me. If they really want to see it, I'll pull it out, sniff it, make an ugly face and say EEEWWWW, and hold out to them for inspection.
I don't believe in using self checkouts, it takes jobs away
Jane Doe LMAO Not in Walmart’s case. They have 20 checkout lanes and only six are open. Self-checkouts are much appreciated there.
they dont force you, you volunteer.
If you have an issue with store policy don’t shop there! It doesn’t have to be a law, they are trying to protect themselves against organized shoplifting! Another concept make your own goods and you won’t have to shop there!
@@hard6wood941 True for smaller businesses withe fewer controls in place. Where my wife works, a major retailer, shoplifting and returns fraud are bigger concerns. Employee theft still happens but not on the same scale.
Anybody can ask you for a receipt for any or no reason whatsoever. I can ask you to see your receipt if I want. Shopping clubs usually have membership agreements that specify this, and they can revoke your membership immediately if you refuse. A non-membership based store - they have shopkeepers privilege, but they have the same standards as police - reasonable suspicion, probable cause, etc. If a police officer asks you for a receipt as you leave, and you say "no thanks, I don't consent to any searches" - that in and of itself is NOT probable cause or reasonable suspicion.
Its the same thing as if a cop tries to say that your refusal to submit to a search constitutes probable cause to search anyway - that situation completely eliminates your rights and it's been ruled that it doesn't work that way. There HAS to be more than that.
Now if a store employee tries to physically detain you and you just walk away they have no special authority to assault you to stop you. I'm pretty sure though - that they can in the future deny you entry, because they can deny service to anybody for any reason. They can have you trespassed if you refuse to leave. That is the extent of what they can do. If they assault you, that employee is gonna end up in cuffs. Those employees do NOT have qualified immunity.
Now - if they DO have reasonable suspicion / probable cause - such as you were seen on a camera stuffing merch into your bag - that is different, but refusal to show a receipt or submit to a search is what they use as an excuse to physically detain you, they're gonna have a bad time.
My MIL was subjected to an acceped receipt request and bag search in 2009 at Walmart that lasted 45 minutes because the employee literly went through each bag item by item and compared to the receipt. We vowed never again after this as far as Walmart goes. 45 minutes is completely unreasonable. Btw there was no belief anything was stolen the employee was over zealous.
Mil? 45 min is beyond unreasonable.... either get a manager or walk out (with your stuff )
I used to buy computer parts from a store that did this. It really bothered me. I don't have a rational reason for why it bothered me so much. I didn't complain because I know the people who's job this was would rather be doing anything else. The result was me joining Amazon prime and having all my computer parts delivered for the last 8 years.
Yeah, I don't like shopping for nice parts at places that think I'm a Criminal. Amazon is way easier, sad
TRUE BUT FUNNY.... When they ask me for my receipt at Wal-mart I hand it to them and say "Sure, here ya go." and keep on strolling! Generally they will start yelling "Hey, don't you want your receipt back?" and I holler back "Keep it. You need it more than me!". Sometimes they will waddle after me to give it back! They didn't ask to look in my cart and I don't stop for a split second to show them what's in my cart. I hand them the slip and just keep on a truckin' without missing a step. I've never been chased down in the parking lot. :-)
Simply put, if you do not like what they do than Vote With Your Wallet and don’t go to that store. I always considered stores to be houses full of stuff I can buy. Out of respect for the owner of the house I would follow the rules. If they required me to pay for something I would pay for it. If they required me to wear shoes, shirt and *gasp* a mask!. I would do it. Folks have their entitlement requirements messed up. That being said, Mr Lehto is a bonified lawyer in MICHIGAN, USA. What ever state you are in (yes, even the great state of Confusion) has its own set of rules. Y’all go right ahead and feel free to live by those rules. Don’t troll this guy because you really can’t win. Fun random video to wake me up this morning. Thanks for taking the time to make it.
For me it's not about my rights or anything it's about having to stand in a line to go through a register and then having to stand in another line to leave the building all because they don't want to pay to have enough cashiers running registers instead using self checkout.
Having people follow me around the store and treat me as a criminal has caused me to switch to the online shopping format when ever possible.
I’ve seen this many times at Walmart. A family just made their purchase. Everything bagged. The person at the door ask to see the receipt. Takes a quick glance at the lengthy receipt that resembles a “naughty or nice” Christmas list. Then does a quick once over on the train of shopping carts, then waves them on. So you telling me these Walmart employees have some super X-ray vision which allows them to immediately see all in the carts, and what’s paid for in a blink of an eye? They can’t, and since they can’t they aren’t actually verifying anything. With that in mind, me with my bagged purchase and receipt in pocket do not feel obligated to stop nor show a receipt.