‘I had to prove my kids were my kids,’ fumes Walmart shopper after receipt check went too far – but law is on her side
By Olivia Salamone,
2024-07-11
A WALMART customer has revealed why she is willing to show her receipt to workers after an experience at another retailer had her rattled.
Many customers continue to rage about receipt checks at major retailers.
They say the policy adds long lines and wait times to their everyday shopping trips.
Some also argue that because retailers force customers to use self-checkout, they should trust they scanned the items correctly.
One shopper shared a scarring receipt check experience on social media.
“I’ll show my receipt. One time, I had to prove my kids were my kids when trying to leave Kmart with diapers for my infant daughter,” a customer wrote on X .
“Some lady in the store called the cops on me.
“Just today the machine at Walmart said I stole when I only had 2 items & 2 items on my pay ticket.”
‘TREATED LIKE A CRIMINAL’
Shoppers are also frustrated about feeling like being accused of theft when leaving the store.
One shopper explained why they refused to show their receipt at Walmart .
“Walmart is a complete joke,” a user wrote on X.
“Every time I go in the store and pay with my hard worked [60 hours a week] money, I’m treated like a damn criminal when I leave.
“I refuse to shop in this store because of it, and I refuse to stop for any employee to show my receipt.”
SHOPKEEPER’S PRIVILEGE
Though lawyers have affirmed that shoppers are legally allowed to refuse, retailers also have rights.
Under United States law, retailers have Shopkeeper’s Privilege.
This means retailers can detain shoppers if they suspect they have shoplifted.
Legality of receipt checks and detention
In an effort to curtail retail crime, stores are increasingly turning to receipt checks as shoppers exit.
Legally, stores can ask to see a customer’s receipts, and membership-only stores have the right to demand such checks if shoppers agreed to terms and conditions that authorize it.
Generally speaking, stores have Shopkeeper’s Privilege laws that allow them to detain a person until authorities arrive when they have reasonable suspicion that a crime, like theft, has been committed.
Declining to provide a receipt is not a reason in itself for a store to detain a customer, they must have further reason to suspect a shopper of criminal activity.
Due to the recent nature of the receipt checks, there is little concrete law on the legality of the practice, as it takes time for law to catch up with technology.
Setliff Law, P.C. claims that “there is no definitive case law specifically relating to refusal to produce a receipt for purchases.”
For stores that improperly use their Shopkeeper’s Privilege, they could face claims of false imprisonment.
“The primary law that applies to these types of wrongful detention cases is called ‘False Imprisonment’,” explained Hudson Valley local attorney Alex Mainetti .
“Of course, you’re not literally imprisoned, but you’re detained by a person who has no lawful authority to detain you and/or wrongfully detains a customer.”
It is likely that as altercations in stores over receipt checks continue, more court cases will occur giving clearer definitions and boundaries to the legality of receipt checks.
However, they need to have probable cause to hold someone at a store.
Not showing your receipt to an employee is not enough for a store to hold someone and call the police.
I always show my receipt B4 they even ask bc I always thought that's what you are supposed to do. It never bothered me. Why they target certain people is weird in itself.
Jo Ann Schlicker
08-05
They did not explain why she had to prove her kids were hers. That's so strange. How do you do that standing there in Walmart?
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