Posted on 03/11/2011 7:51:18 PM PST by Daffynition
Rick is the Gandhi of receipt-check deniers. He writes in with a story of how he bought a 37 inch TV from Walmart and was able to successfully say no to the receipt checker blocking his way with his body. Rick did this by calmly and reasonably explaining his position to the assistant manager who showed up and by ignoring everyone around him who was trying to provoke him. Sometimes the quietest voice speaks the loudest.
Rick writes:
After work I stopped by the Walmart to pick up a TV for my girlfriend. After circling the whole store in search of the bathroom before realizing it was right next to the entrance, I made my way back to the Electronics section and picked out a TV quickly. I wanted a midsize Vizio, so I chose the 37" 1080p Eco model. I purchased the TV with my debit card at one of the rear registers about 20 feet away, and walked to the front of the store carrying the box in both hands.
I made it through the first set of doors into the front atrium of the store, but before reaching the outer doors I heard a man say "Sir?" I turned and faced Tony, the receipt checker.
Tony: May I see your receipt? Me: No thanks! Tony: Oh, ok.
I turned and continued walking towards to automatic doors. Tony called again, so I turned back.
Tony: No, I need to see your receipt. Me: No thank you! Tony: What do you mean? Me: I mean no thanks; I'm walking to my car with my purchase. Tony: Well, I need to see your receipt. Me: I just purchased this TV in the back of the store. I don't need to show you a receipt. Tony: Yes, you need to show me your receipt. Me: Actually, state law dictates that once I pay for something, I don't need to show ownership of it. I just paid for this TV, the receipt is in my pocket, but my hands are full, and I don't feel like getting it out. I'm going to leave now, thank you.
At this point Tony has positioned himself between me and the door. As I step towards the door he places his hand on the box in my hands and lightly pushes back, preventing me from moving.
Me: You cannot prevent me from leaving the store with my purchase. Please move out of the way. Tony: I can't just let you leave the store with a TV without checking your receipt.
At this point a woman, who has been standing with her family near some vending machine starts throwing snide comments at me such as "Just show him the receipt; it's not that hard" and "god, you don't have to be such a prick about it." This continues on for the rest of my "stay" here, but I choose to ignore her.
Me: Are you unlawfully detaining me? Tony: I just want to need to see your receipt before you leave. Me: I have paid for this, I have the receipt, but as I have said, state law protects my right to not need to prove ownership of something I have purchased. You cannot physically prevent me from leaving the store. I am now going to leave the store.
I try and step around Tony, but he again pushes on the box in my hands to prevent me from moving anywhere.
Me: Are you illegally detaining me? Tony: Yeah, if that's what you want to call it. (Realizing he just said something bad) Listen, Walmart policy says that I need to check your receipt. Me: Then Walmart's policy is in violation of Virginia state law. They should have informed you that you don'tneed to see a receipt. Tony: (Misunderstanding me) How could they have told me already that you'd bought this? Me: No, when Walmart trained you, they should have informed you that you can't force people to show their receipts. You can only ask. Tony: I'm just a first-class worker, I don't know about any of that.
Now I am starting to fill like the prick the woman near us keeps calling me. This atrium has two exterior doors on opposite sides, so I turn around ready to walk towards the other door to leave, but another receipt checker has walked up at this time. I can't remember her name, so I'll refer to her as S, since I believe that's what her name started with.
S asks me what's going on, and I explain that I'd like to take my purchase to my car, but Tony is demanding me to show a receipt. S agrees with Tony that I need to show my receipt for "purchases like this". I give her the same explanation I gave Tony, that by state law, I don't need to prove ownership of something I just purchased.
Me: You are welcome to check the security tapes to verify that I just purchased this TV at one of the registers in the back, but I don't need to prove ownership. S: You need to show your receipt before you leave the store. Me: According to state law, I don't. S: Well I'm sorry, sir, but that's Walmart policy. Me: Then Walmart's policy is in violation of state law. S: It's not that hard to show a receipt. Me: No, it's not hard at all, but state law says I don't have to. I'm going to leave the store now. S: No, the store manager is coming. Me: When is the store manager coming? S: The assistant store manager... Me: When is the assistant store manager coming? S: Yeah, she'll be right here. Me: Ok.
I finally put the box on the floor. (Woman: "Now just take four fingers, put them in your pocket, take out the receipt..." I'm mentally yelling at her, but completely ignore her externally.) After waiting (what felt like) 2 minutes the assistant store manager appeared around the corner. S walked towards her, and I waved at the store manager to show I wasn't threatening nor uncomfortable with her arrival (in fact I welcomed it.) S pointed towards me and walked somewhere else, but Tony stayed behind me the whole time. I can't remember the assistant store manager's name, either, so I'll refer to her as M.
M: Hello, sir, how are you today? Me: I'm doing fine, but I'd like to leave the store with my purchase. M: Well, what's the problem? Me: Tony, here, says I can't leave unless I show my receipt. M: Do you have your receipt? Me: Yes, but I just purchased the TV in the back of the store and had my hands full with the box, so I didn't want to take it out. Tony physically prevented me from leaving the store. Now I'm refusing to show me receipt for the principle of the matter. State law dictates that I do not need to prove ownership of something I have purchased, meaning I do not need to show a receipt. M: Hmm. (She thinks for a bit.) Where did you buy the TV? Me: In the back of the store. M: (Thinks a bit more.) There are two registers in the back. Me: *sigh* I purchased the TV at the register closest to the front of the store. There was a man checking out with his family at the register nearest the rear of the store. I paid for the TV with my debit card, and then picked up the TV myself. The cashier asked if I was going to carry it, and I said "yes, it's light." I then walked to the front of the store. M: (Thinks a bit more, taken aback at the detailed report.) Ok, sir, it is your choice to leave the store with your purchase. Me: Thank you.
I pick up the box, turn around, and tell Tony to "have a good night" as I exit the store.
The thing is, I bear no ill will towards the Walmart employees. They were simply not educated as to their role and lawful restrictions. I thought Walmart would have fixed this issue after all of the heat they've gotten about it over the years, but clearly this store didn't get an internal memo. The situation could have definitely gotten worse. I'm almost glad the second checker arrived, as I don't know what Tony would have done had I tried to exit the store through the other door. (He is an older gentleman, so I don't think he would have tried to tackle me, but if he had actually placed a hand on me or otherwise gotten more physical, I would have been placed in a very awkward position.)
I don't think an email to a Walmart executive will do anything. I'm open to any advice on how to inform this store's management about the situation, so that they can properly train their employees. I feel badly about my interaction with Tony and M, since the honestly believed they were doing their jobs. I feel like I should stop by and give them gift cards for performing admirably in the tough situation Walmart has put them in, but that might be received poorly.
I completely understand their need to do this, and have no problem at all in cooperating. I don't see it as an infringement on my "rights" since I choose to shop where I shop. It's nice knowing that the prices I pay there don't include the cost of them having to write off lots due to theft.
Making a stink over this is just plain ignorant.
Alas, it’s NOT your receipt. It is theirs.
You are welcome to obligue their request, however if the law states, as it does, and as it should, that a store may not force you to do so, then you and the store need to respect the rights of folks who choose not to obligue their request.
I am sure I can find someone who thinks subjecting your child to a full cavity search at school when there is a suspicion of drug activity in the school is a reasonable request.. Just because you find something reasonable does not mean that A) it is, or that B) others should be subject to what you consider reasonable.
The law is the law, if Wal Mart detains people unlawfully they are violating the LAW. Period. Wal Mart nor any other company has the right to violate the law.
Hey, cut him some slack; his beeber is stuned.
I saw it happen.
(Hi, Al!) {waving}
They own the receipt? ‘Til it goes out the door, then it magically becomes your receipt?
That’s another reason to sidestep the clerks, say “No, thank you” and be on my way, till I’m outdoors and ownership magically transfers to me!
Ed
What you have is simple possession or temporary custody.
I doubt many states have laws forcing retailers to allow people to take stolen merchandise out of their stores.
I personally don't like paying for the theft of others through higher prices, so I welcome reasonable attempts to limit theft. Checking the receipt on the way out is, in my opinion, quite reasonable.
I also don't mind when a retailer checks my picture id when I use a charge card... because I have enough brain cells to understand the need for it and the cost of NOT checking.
No one has said anything about unlawful detention (except the website I referred to at the beginning of this debate).
Okay, let’s say they DO own the receipt until it goes out the door (which I assume is an invalid an assumption as the rest of your ideas) if I put their receipt in my wallet, or in one of the bags, how can they force me to show it...they don’t own my hands, that would reach for it, they don’t own my wallet, which they demand to be opened, and they don’t own the plastic bags that contain the receipt that they want opened. Unless you believe they own the shopping bags, as well?
Okay, let’s say they DO own the receipt, and I walk out without showing it to them, I guess I can, in your world, be arrested for stealing a receipt?
How much do they figure a receipt is worth? If I take that receipt to an auction house, Sotheby’s, or Christie’s, or if I take it to an antique dealer to be appraised, how much would they say the receipt is worth?
I hope it’s not worth over $1,000, because if it IS, I’ve thrown away millions of receipts in my lifetime!!
Ed
So all those samples I ate at Costco’s are still theirs, because they never gave me a release? (well, they did give me a realease, it was just to the water company, NOT the store!) and the paper bags the goods were placed in, they’re still owned by Wal-Mart, as I didn’t get a receipt for them?
And I never got a receipt for my receipt, either! So they must still own their receipts, else...where’s the receipt for the receipt??
And if they DID give me a receipt for the receipt, to release its ownership to me, does the receipt for the receipt ALSO need a receipt?!
Ed
When you decide to return your broken TV to Wal-Mart, imagining they will ignore the boot print clearly knocked into the case, THEIR DOCUMENT attesting to the fact you paid for it will be useful.
Without it I am sure they will require something more from you than your personal assertion that you bought the TV from them.
All of these things are covered under the Express Mail Statutes ~ and they are provided for under the "Post Offices and Post Roads" clause of the Constitution. The ownership of certain categories of documents is established in federal law, and uniformly followed by state courts. That you haven't run into the question is no reason for you to maintain your IGNANCE!
There have been several assertions about requiring someone to show a receipt, but none have been supported so far as I know.
Can you give us a citation or reference or something?
I'm not asking as a provocation or out of hostility. I'd like to have the information and I have been unable to find it myself.
What you consider reasonable, does not make it legal.
You don’t like paying for theft? Well guess what you need to stop purchasing anything everywhere.. all business involves theft.. its called shrinkage. A company’s desire to minimize shrinkage does NOT give it the right to break the law.
As to the retailer checking your ID to use your credit card, this has nothing to do with the law. They are not violating any law by asking you to prove who you are when using your credit card... in fact the Credit Card Company, (not you) actually own that piece of plastic, and set the rules by which it can be used, and they can cut off your or a merchant at any time from their systems if they so choose.
So you are comparing apples with oranges.
Wal Mart greeters have the right to ASK to see your receipt, they do not have the right to force you to provide it. You choose to obligue that is your right, other choose not to, that is their right.
I am not saying you cannot continue to happily obligue the requests of the Wal Mart greeter, however they have no right to prevent you from leaving the store with your property.. and refusing to let them look at your receipt is NOT evidence of theft.. Wal Mart has shelled out payments for detaining people over this crap, and will continue to do so because it is ILLEGAL.
Once you have paid for something, it is legally YOURS. You have no more legal obligation to show proof of that ownership to the Greeter at the door, than to any other person walking down the street. And they have no more right to DEMAND that you show it before being allowed to leave. Once you have paid for something it is yours, period. A retailer has no more right to demand you provide the receipt before you leave, then they do to come to your house and demand you provide proof you own the lawn mower that is in your garage.
The law is the law, and businesses must operate within the law.
So, yeah, they are not really yours ~ unless you can find a court ruling that declares those grocery bags to be PRODUCTS ~ which they may be, but usually, with logos and so forth on them the product would be "letters", and that flips the issue up to federal jurisdiction.
My local grocery hands out blank plastic bags. They look neater as liners in the IKEA plastic trash containers I use in my bathrooms.
Ham, you are still on their premises. They have just one hour to detain you while the police get there.
Bull. Show me any such law please.
Anyway... I welcome such activity, since I know it makes life more difficult for would-be shoplifters. I'm not one of those bleading-heart liberals who believes that its "unfair" or "racist" to make it difficult for thieves.
I smile and am friendly with these checkers... because I know their actions piss off the thieves. I know that's "unfair" to the poor thieves... but too bad.
“simply knocked one of his knees out from under him.”
And I would be the guy behind you beating your ass into the ground until you cried for your mama, then took you in on assault charges.
“Death by 1,000,000 paper cuts.”
Death by the “If you ain’t got nothing to hide...” crowd of wussies. During the Revolutionary War they were called Torries.
Okay, so Wal-Mart still owns all the receipts they’ve ever given me until I get a release of those receipts...should I call them and tell them I threw all their receipts out?
Also, what’s the best policy so I’m not charged with Theft Of An Unreleased Receipt? Should I ask for a receipt for the receipt, releasing their ownership of the receipt to me?
Can I “borrow” their receipt until I’m sure the device works, or the IRS doesn’t need it? What’s the time limit? How long can I keep their receipt until they need it back? Is it like a library book, two weeks unless I ask to borrow their receipt for another two weeks?
Thanks, I appreciate being schooled in Receipt Ownership!
Ed
You obviously have no sense of humor!
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