Shoplifting, Larceny, Robbery, Theft wrongfully accused of shoplifting.

[chrismchavez]

My daughter walked into Walmart with a item she wanted to return. she waited in line and when she got to counter to return her item she was advised that store does not carry the item she wanted to return. So She walk to the exit with item in had with no bag or receipt. Walmart has a security guard that watch the people exit well he had stopped my daughter and asked her for her receipt and she responded with i don't have one i was try to return it and she kept walking because she that she did nothing wrong! he continued to follow her to the car where i was waiting for her and he called lose prevention and 4 guys from Walmart lose prevention came out and harassed her it was very embarrassing the were taking picture of my car and plates and of my daughter! I got off the car and asked what was the problem because i seen all the commotion we were asked to back in store were they reviewed the tape with her walking in with the items and let us go. Is legal the picture talking and causing the embarrassment.

 

[mightymoose]

Completely legal. If you don't want your picture taken don't go in public places.
You had no obligation to cooperate with them, offer any explanation or statement, and you certainly did not have to go back in the store.
You did not cause the commotion, but you engaged in it and became one half of it. Next time just walk away.
Kudos to your daughter for continuing out the door when she was contacted.

 

[shrinkmaster]

They cannot really accuse you of theft as they did not have all the elements required to make a shoplifting stop in accordance to store (you should not have named) policy. They do have right to take your picture and take your plate info. They can file a Police report but I doubt Police will act for lack of evidence. If your that upset contact corporate office and complain don't expect much more than an apology and perhaps small gift card. You can get more info on Loss Prevention dos and don'ts here http://retailtheftanswers.freewebsite.com/index.html

 

[chrismchavez]

What about the security asking for everybody's receipt

 

[shrinkmaster]

Its not unlawful its equally not unlawful to refuse

 

[mightymoose]

What about the security asking for everybody's receipt

The only places you should ever feel obligated to show a receipt are membership sites such as Sams Club or Costco.
Failure to show your receipt when exciting those sites could result in cancellation of your membership.
Other places such as WalMart where the greeters ask for your receipt and want to look in your bag.... just smile and keep walking.

 

[shrinkmaster]

Unless your membership requires it I suspect you could appeal losing membership if the above is reason

 

[mightymoose]

Unless your membership requires it I suspect you could appeal losing membership if the above is reason

I know Costco membership requires it. I assume it is the same for other membership stores. There is language in the membership agreement when signing up, and I think they also have signs near the exits. They still can't force you to stop, but they can prevent you from ever coming back in.

 

[shrinkmaster]

Ok I am not a member so I was not aware.

 

[disagreeable]

So your daughter attempted to make a fraudulent return, it spiraled into questions by loss prevention and you are outraged? They should have politely just detained her for attempting to commit fraud and called the police.

 

[Betty3]

The OP's daughter's situation seems a little "strange" to me in that the daughter didn't remember where she bought the item & did not have the bag it came in or a receipt. Most places will not accept a return without a receipt. Just saying.... (If it was a gift (doesn't say that), might be a little hard to return w/o receipt & knowing where it was from.)

 

[shrinkmaster]

The best she could have hoped for was exchange but since store did not sell item even that was not possible. I am not saying your child was up to no good but her actions set off the LP radar as potential theft. The info they gathered (pictures) is likely for their info if your daughter should return so she can be watched. Again I am not saying she intended to do wrong but she did set off some red flags with her actions. I deal with retail theft in many forms as a career and I speak out of experience

 

[army judge]

Cool story, lady, very cool story. Glad it all worked out well for you. The other people gave you some real great advice, too.

 

[mightymoose]

So your daughter attempted to make a fraudulent return, it spiraled into questions by loss prevention and you are outraged? They should have politely just detained her for attempting to commit fraud and called the police.

Loss prevention does not have authority to detain someone and hold them against their will. It is either a citizen arrest or nothing. Because of this liability most loss prevention folks are under direction to observe/report but keep hands off.
Most people end up consenting to the loss prevention requests, but if they had any sense at all they would just keep walking away.

Again, kudos to the daughter for moving along when she was first approached.

 

[disagreeable]

They didn't. They took pictures of the person who attempted to commit fraud, the vehicle she was in and asked her other questions. Her public embarrassment was initiated by her attempt to commit fraud.

Loss prevention does not have authority to detain someone and hold them against their will. It is either a citizen arrest or nothing. Because of this liability most loss prevention folks are under direction to observe/report but keep hands off.
Most people end up consenting to the loss prevention requests, but if they had any sense at all they would just keep walking away.

Again, kudos to the daughter for moving along when she was first approached.