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	<title>Comments on: Stop That Paying Customer! The Legality of Compulsory Receipt-Checking</title>
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	<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/</link>
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	<lastBuildDate>Mon, 30 Jan 2012 00:55:34 +0000</lastBuildDate>
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		<title>By: Cedric Bruin</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3446</link>
		<dc:creator>Cedric Bruin</dc:creator>
		<pubDate>Mon, 30 Jan 2012 00:55:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3446</guid>
		<description>There is certainly a great deal to know about this. I can see you made nice points in the features as well.</description>
		<content:encoded><![CDATA[<p>There is certainly a great deal to know about this. I can see you made nice points in the features as well.</p>
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		<title>By: Steve</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3437</link>
		<dc:creator>Steve</dc:creator>
		<pubDate>Wed, 30 Nov 2011 13:14:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3437</guid>
		<description>I&#039;ve been reading both the RCW and Costco pdf linked regarding the policies. I find this amusing, while I do agree with bag searches into and out of the store (for facilitating item returns without thieving), and have been a cashier/door receipt checking greeter (walmart), I am aware that the UCC states that the items are mine when I buy them. I do not want to wait in that horrendous line.

Thanks to your article, which basically pointed me where to go (as it is not a definite conclusion, although I&#039;m unsure if Kathy read that far even, or if she has any idea what logic is), I now know my rights... I think.

Basically, costco states that &quot;To ensure... all receipts and merchandise will be...&quot; This does
NOT SAY
1) I have to stop.
2) They have to inspect my physical goods. (The SQL Database and register contains both my receipt and what I purchased, this is in their possession)
3) That they inspect &quot;my&quot; goods, but they will inspect all of them somehow.

As stated above, to ensure the customer is not overcharged is bull, I may have gotten bored and decided to memorize all the prices I could at walmart, but even I couldn&#039;t get all of them, and I doubt costco employees get that bored, much less push their brain because they have actual skills beyond retail.

They have both CCTV and SQL, a simple SELECT statement will let them inspect my goods. I was not detained, but guess what..

The policy doesn&#039;t state you have to show your card upon entering.
It does not state who represents costco if they do say &quot;give it up&quot; to your card.

My state laws 4.24, 9A, and 65A are the other relevant ones, which basically say &quot;You can&#039;t stop me if you have absolutely no reason to suspect me of anything&quot;

Now, my main point to drive home is do not take a stance &quot;against&quot; this idea. What if you owned a biz, how would you like to be able to protect your earnings? Do not hate costco, and do not drive &quot;You&#039;re being bad to me!&quot; Instead, argue that you, and them, should both exercise your rights, and not allow others to step on them.

Take an intelligent stance either way, and put yourself on the other side of things. Even if it seems reasonable, eg. Kathy&#039;s logic... she did not consider &quot;What if I had to wait 25 minutes.&quot; or &quot;What if my son is sick&quot; Also, final note to Kathy: THEY DO NOT USE THE MAIN EXIT IF THEY ARE DOING THAT! 

I&#039;ve seen a lot of empty packages, DVD&#039;s and CD&#039;s missing from packages left in automotive, baby food packages ripped stuffed between pet food, I&#039;ve seen tons of _ethnic group_ just put on baseball gloves and walk out of the store. I&#039;ve seen that same group also pay for things, I&#039;m not biased, just observed this with my own eyes, although if you don&#039;t know the difference between judgement and observation, you&#039;ll think I&#039;m racist. This somewhat irrelevant paragraph explains how people really steal stuff,...

Yes, they can shove it in a box and buy the box, but how is a &quot;receipt check&quot; going to spot that? We had a policy called Look Inside Always (lisa), but that stops theft at the register. 

Long story short, if you have a receipt in hand and walk out of the store, clearly showing that you paid... then there is no reasonable cause to detain you.

I just stumbled here when searching, do not take anything I say as fact, as things may have changed or you may not be in my area.

Good article! Awesome comments, the CA police officer drove home an interesting idea, along with the &quot;I thought you guys were in a free country&quot; person</description>
		<content:encoded><![CDATA[<p>I&#8217;ve been reading both the RCW and Costco pdf linked regarding the policies. I find this amusing, while I do agree with bag searches into and out of the store (for facilitating item returns without thieving), and have been a cashier/door receipt checking greeter (walmart), I am aware that the UCC states that the items are mine when I buy them. I do not want to wait in that horrendous line.</p>
<p>Thanks to your article, which basically pointed me where to go (as it is not a definite conclusion, although I&#8217;m unsure if Kathy read that far even, or if she has any idea what logic is), I now know my rights&#8230; I think.</p>
<p>Basically, costco states that &#8220;To ensure&#8230; all receipts and merchandise will be&#8230;&#8221; This does<br />
NOT SAY<br />
1) I have to stop.<br />
2) They have to inspect my physical goods. (The SQL Database and register contains both my receipt and what I purchased, this is in their possession)<br />
3) That they inspect &#8220;my&#8221; goods, but they will inspect all of them somehow.</p>
<p>As stated above, to ensure the customer is not overcharged is bull, I may have gotten bored and decided to memorize all the prices I could at walmart, but even I couldn&#8217;t get all of them, and I doubt costco employees get that bored, much less push their brain because they have actual skills beyond retail.</p>
<p>They have both CCTV and SQL, a simple SELECT statement will let them inspect my goods. I was not detained, but guess what..</p>
<p>The policy doesn&#8217;t state you have to show your card upon entering.<br />
It does not state who represents costco if they do say &#8220;give it up&#8221; to your card.</p>
<p>My state laws 4.24, 9A, and 65A are the other relevant ones, which basically say &#8220;You can&#8217;t stop me if you have absolutely no reason to suspect me of anything&#8221;</p>
<p>Now, my main point to drive home is do not take a stance &#8220;against&#8221; this idea. What if you owned a biz, how would you like to be able to protect your earnings? Do not hate costco, and do not drive &#8220;You&#8217;re being bad to me!&#8221; Instead, argue that you, and them, should both exercise your rights, and not allow others to step on them.</p>
<p>Take an intelligent stance either way, and put yourself on the other side of things. Even if it seems reasonable, eg. Kathy&#8217;s logic&#8230; she did not consider &#8220;What if I had to wait 25 minutes.&#8221; or &#8220;What if my son is sick&#8221; Also, final note to Kathy: THEY DO NOT USE THE MAIN EXIT IF THEY ARE DOING THAT! </p>
<p>I&#8217;ve seen a lot of empty packages, DVD&#8217;s and CD&#8217;s missing from packages left in automotive, baby food packages ripped stuffed between pet food, I&#8217;ve seen tons of _ethnic group_ just put on baseball gloves and walk out of the store. I&#8217;ve seen that same group also pay for things, I&#8217;m not biased, just observed this with my own eyes, although if you don&#8217;t know the difference between judgement and observation, you&#8217;ll think I&#8217;m racist. This somewhat irrelevant paragraph explains how people really steal stuff,&#8230;</p>
<p>Yes, they can shove it in a box and buy the box, but how is a &#8220;receipt check&#8221; going to spot that? We had a policy called Look Inside Always (lisa), but that stops theft at the register. </p>
<p>Long story short, if you have a receipt in hand and walk out of the store, clearly showing that you paid&#8230; then there is no reasonable cause to detain you.</p>
<p>I just stumbled here when searching, do not take anything I say as fact, as things may have changed or you may not be in my area.</p>
<p>Good article! Awesome comments, the CA police officer drove home an interesting idea, along with the &#8220;I thought you guys were in a free country&#8221; person</p>
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		<title>By: Kathy</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3421</link>
		<dc:creator>Kathy</dc:creator>
		<pubDate>Wed, 09 Nov 2011 03:09:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3421</guid>
		<description>I work in a large retail store which I am one of the receipt checkers. If we didn&#039;t check receipts, people would walk out with TV&#039;s, Computers and anything else they could carry out. That is one way of saving the consumer money. The shoplifters is stealing from the customer. A customer should show respect and be an example for the shoplifter that might be watching them. Also we find customers that have been overcharged. They are very thanksful when we find that they have been charged twice for an item. For instance a lady bought several items and she had a box of diapers which was 19.77 and the girl had charged her twice for the diapers. Her bill was 82.00 and she didn&#039;t realize it. I pointed it out to her and she went back to customer service and got a refund. It saved her a trip back to the store.</description>
		<content:encoded><![CDATA[<p>I work in a large retail store which I am one of the receipt checkers. If we didn&#8217;t check receipts, people would walk out with TV&#8217;s, Computers and anything else they could carry out. That is one way of saving the consumer money. The shoplifters is stealing from the customer. A customer should show respect and be an example for the shoplifter that might be watching them. Also we find customers that have been overcharged. They are very thanksful when we find that they have been charged twice for an item. For instance a lady bought several items and she had a box of diapers which was 19.77 and the girl had charged her twice for the diapers. Her bill was 82.00 and she didn&#8217;t realize it. I pointed it out to her and she went back to customer service and got a refund. It saved her a trip back to the store.</p>
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		<title>By: SM</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3411</link>
		<dc:creator>SM</dc:creator>
		<pubDate>Sat, 29 Oct 2011 06:53:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3411</guid>
		<description>I am one of those $13.00 an hour employees in a &#039;club&#039; warehouse.   Our training and job descriptions are to search all incoming backpacks, briefcases and laptop cases.  If there is merchandise similar to what the store carries we are to put a sticker identifying it came in and was inspected.   The same courtesy on the way out is granted.   

The most common mistakes of cashiers are items at the bottom of a basket/cart like bottled water, paper goods, and stamps.   For example, a customer may pay for stamps at the register but its so busy the cashier does not hand over the stamps or a customer (so rushed glued to their cell phones) leaves it somewhere near the register.  A check of the receipt and we ask &quot;Do you have your stamps?&quot;  Some don&#039;t and we make sure they are &#039;reunited&#039; with the item they purchased.

For those who have not been charged for an item its not a matter of assuming &#039;theft&#039; its a matter of not being charged.   There is a special register with no waiting nearby for those corrections.   

Generally the rule of thumb is to &#039;count&#039; items and match it against the receipt.   If there is an error the member should want to know about it and be refunded if over charged or know of an error if under charged.   Any loss drives up the cost of services at some point.

Members also leave merchandise all too often somewhere between the cashiers lane and the exit.   Generally in a food area, bathroom, or kiosk stand for something they just &#039;had to see.&#039;   We reunite them with those items as well.    

In Club stores there are no RFIDs or security tags or security devices such as department stores.   This too times 600+ stores is what drives up prices.  To keep prices balanced checkers check items in the basket with the receipt.    

In our chain there is NO profiling.   In fact, the company goes to redundant extremes to make sure it does not occur.   And we are technically NOT loss prevention.   There are those who are in the store undercover but not the paid people working at the doors.   Most of us are part time employees there for access to affordable health insurances we cannot get in our primary employers or as small business people.  We moonlight for part time additional 2nd incomes and insurance.    I can&#039;t tell you how rude and obnoxious it is to have some jerk not show their receipt or make a &#039;constitutional&#039; issue at the door with some poor retiree, kid there for college income, or professionals like myself in this economy just trying to survive.   True, there are a limited amount of cameras pointed at us and we get only a few seconds to hopefully get the job correct both for the store and for the customer.   

If you are stealing something we have no instructions to do anything than call a manager.   Its the managers discretion to verify a receipt and merchandise.   But people do the strangest things.   Why would a woman buy $500 of products and steal a salmon inside her purse?  Or a family buy the staples of food but hid a dozen blue ray DVDs under their baby in a stroller?   We don&#039;t stop those people to look.   Loss Prevention has seem them personally in the store and waits till they leave the doors to detain them - and our PD in this city is PROMPT at arriving to make an arrest.   We at the door have no idea what is going on and are not alerted to do anything other than verify receipts.

Another trick of real thieves is to take a receipt from another store that has not been verified with a florescent line through it and come back into another store for the same items and claim constitutional rights to make a scene with hourly paid employees when in fact the codes for the store do not match (receipt says store 4321 and they are trying to leave store 1234.   Or the dates do not match.   Those are the ones we sometimes catch  if we can look at the receipt for longer than 3-5 seconds.   Even so, we ask people to move to one side and have a supervisor check the receipt further.  Its not our job to arrest or do anything other than alert management.

Those who just bull through and run over us with their carts are perpetrating a crime of assault and battery.   I&#039;m standing there wearing a urinary catheter.  Run over me and YOU will be paying a higher crime for assault and battery or aggravated assault with a cart or flatbed.    And I WILL press charges by calling the police and use the Camera security video at the exit door in court against you.    Or the person you cause to have a diabetic response, heart condition or some other issue.

The problems you have are with the Store.  Its not with an employee who is probably just like you and trying to survive with a lousy job just to have access to health insurance or pay their bills.   There is no profiling.   99% of the time we&#039;ll try to make conversation with you and thank you for shopping at the membership club where you&#039;ve poked down annual fees to buy cheaper than other retail and a store experience less than the masses at WalMart where it gets really weird and full of nut jobs.

Most times it is hard to read a receipt.   Someone bought 3 bottled waters but the receipt looks like 4 until pointed out the cashier caught the mistake, added a correction and it was take care of.   And it saved you 20-30 minutes in the return line to find out instead on your way out the door.    Or how about when we catch your produce has mold on it and call for someone to get one that is healthy or suggest you get a refund?   Or the fact you bought one bag of bagels when in reality you paid for 2?   LIttle things we catch to try to help a customer.   

How about the employee who runs after you who brings an item you left behind somewhere like at the register. Or like your membership card or ATM card or credit card?  Or the cart person who finds you left a full front seat top of the cart full of merchandise after you&#039;ve loaded the larger section and are ready to drive off.   

Some go nuts they have to show their card on the way in.   Many assume their arrogance means nothing but it does hassle the persons paid to see and click you have entered.  The click on the card and not the ten other families you brought with you to all shop on your card.    That to provide half hour updates of how many have entered to management to keep the number of lanes open to accommodate those crowds.   And to stop any who do no have cards from coming in to shoplift or fill a cart with everything and then choke up a register because they have no card to be processed.    How would you like to be behind them while it takes forever to clear the conveyor and get them processed and voided out to ring up your valid membership card and purchases?

The discount clubs are not like being in a WalMart.   And Thank God they aren&#039;t.   They are fast, a frenzy and sometimes gruff.   But they do save you something that caused you to sign up, agree to the terms and conditions, and shop there often.    And their return policies are so graceful contrasted to returning anything almost anywhere else.    Especially if it really doesn&#039;t work verses the ones who use the discount stores like free rental companies for TVs for the SuperBowl or just trash something till it stops working and wants to get another free one to replace what they did to theirs.

The only one you really screw is the one who is fired because you wouldn&#039;t show your receipt on the way out a damned door as per your contract with the store for membership.   Usually its some single mother trying to feed her family, have insurance and you somehow made cry because you assumed your arrogance was more important than complying with the store&#039;s rules.   We have words for people like you and hope that on your way home you just piss off the right person who does something about it.   

And the loss of the good employee who goes above and beyond for the seniors, or the physically challenged, or those who leave something behind, or are overcharged, who went above and beyond are replaced by someone who really doesn&#039;t give a damn doing the bare minimums to get by.    Or they are the ones CPR certified and keeps you from choking on a hot dog for .99 cents in the food court because you are glued to your cell phone yelling at someone while trying to bulldoze your way out of the store without showing your receipt.

Just do what you agreed to do when you joined the club.   And if you hate it so much why did you join in the first place?  Quit.  Go to Sam&#039;s and find out how bad service really can be.   If there&#039;s anything worse than Sam&#039;s its Fry&#039;s.   Try returning something there.</description>
		<content:encoded><![CDATA[<p>I am one of those $13.00 an hour employees in a &#8216;club&#8217; warehouse.   Our training and job descriptions are to search all incoming backpacks, briefcases and laptop cases.  If there is merchandise similar to what the store carries we are to put a sticker identifying it came in and was inspected.   The same courtesy on the way out is granted.   </p>
<p>The most common mistakes of cashiers are items at the bottom of a basket/cart like bottled water, paper goods, and stamps.   For example, a customer may pay for stamps at the register but its so busy the cashier does not hand over the stamps or a customer (so rushed glued to their cell phones) leaves it somewhere near the register.  A check of the receipt and we ask &#8220;Do you have your stamps?&#8221;  Some don&#8217;t and we make sure they are &#8216;reunited&#8217; with the item they purchased.</p>
<p>For those who have not been charged for an item its not a matter of assuming &#8216;theft&#8217; its a matter of not being charged.   There is a special register with no waiting nearby for those corrections.   </p>
<p>Generally the rule of thumb is to &#8216;count&#8217; items and match it against the receipt.   If there is an error the member should want to know about it and be refunded if over charged or know of an error if under charged.   Any loss drives up the cost of services at some point.</p>
<p>Members also leave merchandise all too often somewhere between the cashiers lane and the exit.   Generally in a food area, bathroom, or kiosk stand for something they just &#8216;had to see.&#8217;   We reunite them with those items as well.    </p>
<p>In Club stores there are no RFIDs or security tags or security devices such as department stores.   This too times 600+ stores is what drives up prices.  To keep prices balanced checkers check items in the basket with the receipt.    </p>
<p>In our chain there is NO profiling.   In fact, the company goes to redundant extremes to make sure it does not occur.   And we are technically NOT loss prevention.   There are those who are in the store undercover but not the paid people working at the doors.   Most of us are part time employees there for access to affordable health insurances we cannot get in our primary employers or as small business people.  We moonlight for part time additional 2nd incomes and insurance.    I can&#8217;t tell you how rude and obnoxious it is to have some jerk not show their receipt or make a &#8216;constitutional&#8217; issue at the door with some poor retiree, kid there for college income, or professionals like myself in this economy just trying to survive.   True, there are a limited amount of cameras pointed at us and we get only a few seconds to hopefully get the job correct both for the store and for the customer.   </p>
<p>If you are stealing something we have no instructions to do anything than call a manager.   Its the managers discretion to verify a receipt and merchandise.   But people do the strangest things.   Why would a woman buy $500 of products and steal a salmon inside her purse?  Or a family buy the staples of food but hid a dozen blue ray DVDs under their baby in a stroller?   We don&#8217;t stop those people to look.   Loss Prevention has seem them personally in the store and waits till they leave the doors to detain them &#8211; and our PD in this city is PROMPT at arriving to make an arrest.   We at the door have no idea what is going on and are not alerted to do anything other than verify receipts.</p>
<p>Another trick of real thieves is to take a receipt from another store that has not been verified with a florescent line through it and come back into another store for the same items and claim constitutional rights to make a scene with hourly paid employees when in fact the codes for the store do not match (receipt says store 4321 and they are trying to leave store 1234.   Or the dates do not match.   Those are the ones we sometimes catch  if we can look at the receipt for longer than 3-5 seconds.   Even so, we ask people to move to one side and have a supervisor check the receipt further.  Its not our job to arrest or do anything other than alert management.</p>
<p>Those who just bull through and run over us with their carts are perpetrating a crime of assault and battery.   I&#8217;m standing there wearing a urinary catheter.  Run over me and YOU will be paying a higher crime for assault and battery or aggravated assault with a cart or flatbed.    And I WILL press charges by calling the police and use the Camera security video at the exit door in court against you.    Or the person you cause to have a diabetic response, heart condition or some other issue.</p>
<p>The problems you have are with the Store.  Its not with an employee who is probably just like you and trying to survive with a lousy job just to have access to health insurance or pay their bills.   There is no profiling.   99% of the time we&#8217;ll try to make conversation with you and thank you for shopping at the membership club where you&#8217;ve poked down annual fees to buy cheaper than other retail and a store experience less than the masses at WalMart where it gets really weird and full of nut jobs.</p>
<p>Most times it is hard to read a receipt.   Someone bought 3 bottled waters but the receipt looks like 4 until pointed out the cashier caught the mistake, added a correction and it was take care of.   And it saved you 20-30 minutes in the return line to find out instead on your way out the door.    Or how about when we catch your produce has mold on it and call for someone to get one that is healthy or suggest you get a refund?   Or the fact you bought one bag of bagels when in reality you paid for 2?   LIttle things we catch to try to help a customer.   </p>
<p>How about the employee who runs after you who brings an item you left behind somewhere like at the register. Or like your membership card or ATM card or credit card?  Or the cart person who finds you left a full front seat top of the cart full of merchandise after you&#8217;ve loaded the larger section and are ready to drive off.   </p>
<p>Some go nuts they have to show their card on the way in.   Many assume their arrogance means nothing but it does hassle the persons paid to see and click you have entered.  The click on the card and not the ten other families you brought with you to all shop on your card.    That to provide half hour updates of how many have entered to management to keep the number of lanes open to accommodate those crowds.   And to stop any who do no have cards from coming in to shoplift or fill a cart with everything and then choke up a register because they have no card to be processed.    How would you like to be behind them while it takes forever to clear the conveyor and get them processed and voided out to ring up your valid membership card and purchases?</p>
<p>The discount clubs are not like being in a WalMart.   And Thank God they aren&#8217;t.   They are fast, a frenzy and sometimes gruff.   But they do save you something that caused you to sign up, agree to the terms and conditions, and shop there often.    And their return policies are so graceful contrasted to returning anything almost anywhere else.    Especially if it really doesn&#8217;t work verses the ones who use the discount stores like free rental companies for TVs for the SuperBowl or just trash something till it stops working and wants to get another free one to replace what they did to theirs.</p>
<p>The only one you really screw is the one who is fired because you wouldn&#8217;t show your receipt on the way out a damned door as per your contract with the store for membership.   Usually its some single mother trying to feed her family, have insurance and you somehow made cry because you assumed your arrogance was more important than complying with the store&#8217;s rules.   We have words for people like you and hope that on your way home you just piss off the right person who does something about it.   </p>
<p>And the loss of the good employee who goes above and beyond for the seniors, or the physically challenged, or those who leave something behind, or are overcharged, who went above and beyond are replaced by someone who really doesn&#8217;t give a damn doing the bare minimums to get by.    Or they are the ones CPR certified and keeps you from choking on a hot dog for .99 cents in the food court because you are glued to your cell phone yelling at someone while trying to bulldoze your way out of the store without showing your receipt.</p>
<p>Just do what you agreed to do when you joined the club.   And if you hate it so much why did you join in the first place?  Quit.  Go to Sam&#8217;s and find out how bad service really can be.   If there&#8217;s anything worse than Sam&#8217;s its Fry&#8217;s.   Try returning something there.</p>
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		<title>By: glenn stewart</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3391</link>
		<dc:creator>glenn stewart</dc:creator>
		<pubDate>Tue, 04 Oct 2011 18:55:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3391</guid>
		<description>Take your chances and say &quot;No thank you&quot; when they attempt to check receipts or inspect what is now your personal property.  A good shoplifting stop requires at least 5 elements...the store must see the theft happen, the surveillance cannot be broken, the customer must clear the opportunities to buy, the merchandise must be on the person, and it must be identified as belonging to the store...a designer scarf might have come from any store---it must be marked some how...&quot;we carry those&quot; isn&#039;t good enough.

I worked for a national retailer in Texas who lost a lawsuit for $500,000 for a bad stop...the key to the suit?  The store could not identify the merchandise on the shoplifter (yeah, she did it) as theirs---there were no tags. she had pulled them off (no doubt when another element was missed---unbroken surveillance.</description>
		<content:encoded><![CDATA[<p>Take your chances and say &#8220;No thank you&#8221; when they attempt to check receipts or inspect what is now your personal property.  A good shoplifting stop requires at least 5 elements&#8230;the store must see the theft happen, the surveillance cannot be broken, the customer must clear the opportunities to buy, the merchandise must be on the person, and it must be identified as belonging to the store&#8230;a designer scarf might have come from any store&#8212;it must be marked some how&#8230;&#8221;we carry those&#8221; isn&#8217;t good enough.</p>
<p>I worked for a national retailer in Texas who lost a lawsuit for $500,000 for a bad stop&#8230;the key to the suit?  The store could not identify the merchandise on the shoplifter (yeah, she did it) as theirs&#8212;there were no tags. she had pulled them off (no doubt when another element was missed&#8212;unbroken surveillance.</p>
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		<title>By: Fred B</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3379</link>
		<dc:creator>Fred B</dc:creator>
		<pubDate>Thu, 22 Sep 2011 12:32:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3379</guid>
		<description>The more I read, the more I think it&#039;s better to shop online.  Sam&#039;s Club:  I went there with several friends and forgot my card, the greeter wasn&#039;t going to let me in the store - I think the policy is you can only get 2 guests in with you on a single card.  The greeter sent me to the customer service desk and said I would need to get a replacement card, but I just told them at the desk that I wanted to look around and see if I wanted a membership and they said to go ahead.  I don&#039;t get the point of it all because I&#039;ve had a greeter let me in with an expired card before.  Another time after I went in and went to put my card away, I realized in my haste I held up the wrong card, but still got in.  Going out a couple was ahead of us, she went to sack the stuff while he went out to get the car and took the receipt with him since he paid.  He walked right past the line and nobody tried to stop him.  When she got her cart to the door, the checker wouldn&#039;t let her leave because she didn&#039;t have a receipt.  The checker plainly told her she couldn&#039;t take the stuff she just paid for a couple minutes ago out the door without a receipt.  She finally had to ask someone to go out and get her husband to come back in the store with the receipt.  The checker looked at the receipt, then looked at the cart full of stuff, marked the receipt and they went out.  If you don&#039;t think they are paying attention, try handing them the wrong receipt next time and see if they catch it.  Hey, you&#039;ve been to Target, Kmart, Bestbuy and ? and you had all the receipts in your pocket.  

Sam&#039;s club will argue you know you have to show your card when you go in the door, so you should have your card ready and you shouldn&#039;t be so careless as to leave it at home.  From the registers to the door is no more than 20 steps, there&#039;s really no excuse not to have your receipt in your hand ready to show at the door.  Since you know you will need to show it, there&#039;s no excuse not to keep track of it for 5 minutes.  Yet, some lady puts the receipt in her purse and has to dig through her purse for it while holding up the line or several times it&#039;s ended up in a shopping bag.  Others have tied their bags shut and had to untie them at the door so the checker can see what&#039;s in them.  

Here I&#039;ve never seen them catch a mistake checking receipts, it&#039;s more like you have a receipt and that looks like about the right number of items for the receipt.  You have one person at the door and 15 people waiting each with about 100 items in their cart.  I see lots of people pile their carts high or a couple might take 2 or more carts.  They look at the receipt then in your bags.  Now if someone has 50 cans of soup, they don&#039;t have time to count each one, you could have 48 or 52 and they would never know.</description>
		<content:encoded><![CDATA[<p>The more I read, the more I think it&#8217;s better to shop online.  Sam&#8217;s Club:  I went there with several friends and forgot my card, the greeter wasn&#8217;t going to let me in the store &#8211; I think the policy is you can only get 2 guests in with you on a single card.  The greeter sent me to the customer service desk and said I would need to get a replacement card, but I just told them at the desk that I wanted to look around and see if I wanted a membership and they said to go ahead.  I don&#8217;t get the point of it all because I&#8217;ve had a greeter let me in with an expired card before.  Another time after I went in and went to put my card away, I realized in my haste I held up the wrong card, but still got in.  Going out a couple was ahead of us, she went to sack the stuff while he went out to get the car and took the receipt with him since he paid.  He walked right past the line and nobody tried to stop him.  When she got her cart to the door, the checker wouldn&#8217;t let her leave because she didn&#8217;t have a receipt.  The checker plainly told her she couldn&#8217;t take the stuff she just paid for a couple minutes ago out the door without a receipt.  She finally had to ask someone to go out and get her husband to come back in the store with the receipt.  The checker looked at the receipt, then looked at the cart full of stuff, marked the receipt and they went out.  If you don&#8217;t think they are paying attention, try handing them the wrong receipt next time and see if they catch it.  Hey, you&#8217;ve been to Target, Kmart, Bestbuy and ? and you had all the receipts in your pocket.  </p>
<p>Sam&#8217;s club will argue you know you have to show your card when you go in the door, so you should have your card ready and you shouldn&#8217;t be so careless as to leave it at home.  From the registers to the door is no more than 20 steps, there&#8217;s really no excuse not to have your receipt in your hand ready to show at the door.  Since you know you will need to show it, there&#8217;s no excuse not to keep track of it for 5 minutes.  Yet, some lady puts the receipt in her purse and has to dig through her purse for it while holding up the line or several times it&#8217;s ended up in a shopping bag.  Others have tied their bags shut and had to untie them at the door so the checker can see what&#8217;s in them.  </p>
<p>Here I&#8217;ve never seen them catch a mistake checking receipts, it&#8217;s more like you have a receipt and that looks like about the right number of items for the receipt.  You have one person at the door and 15 people waiting each with about 100 items in their cart.  I see lots of people pile their carts high or a couple might take 2 or more carts.  They look at the receipt then in your bags.  Now if someone has 50 cans of soup, they don&#8217;t have time to count each one, you could have 48 or 52 and they would never know.</p>
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		<title>By: So many Retards here</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3378</link>
		<dc:creator>So many Retards here</dc:creator>
		<pubDate>Wed, 21 Sep 2011 18:38:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3378</guid>
		<description>So many idiot sheep. Never show your receipt even at Costco.</description>
		<content:encoded><![CDATA[<p>So many idiot sheep. Never show your receipt even at Costco.</p>
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		<title>By: Benjamin Carey</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3374</link>
		<dc:creator>Benjamin Carey</dc:creator>
		<pubDate>Wed, 10 Aug 2011 11:36:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3374</guid>
		<description>Quite obviously there is some legal precident for Shopkeeper&#039;s privledge, however should someone skip the receipt line, this is not enough to offer reason to search a person&#039;s bags or belongings. 
Secondarily, even if they do suspect a person of stealing an item, physically restraining a person might not be sensible. They could be wrong, and thus open themselves to giant liability, far exceeding the value of the item they believe to be shoplifted, and even if they are right, expecting a young clerk that might be working 10 hours a week as a summer job to make the correct split second decisions when attempting to block exit to a store is dangerous in and of itself. You would be putting a great deal of expectation that the clerk will make the correct decisions in what is acceptable and unacceptable, and what is the appropriate reasonable level of force, and in this game the payoff might be the return of a $400 iPod (Which is probably only a cost of $300 to the store before markup) but at the same time the risk could be a civil suit in the tens of thousands of dollars. Obviously the will and means of the shoplifter to file a civil suit gives certain probabiltiies less than 100% but the risk/reward is still leveraged against the store owner.</description>
		<content:encoded><![CDATA[<p>Quite obviously there is some legal precident for Shopkeeper&#8217;s privledge, however should someone skip the receipt line, this is not enough to offer reason to search a person&#8217;s bags or belongings.<br />
Secondarily, even if they do suspect a person of stealing an item, physically restraining a person might not be sensible. They could be wrong, and thus open themselves to giant liability, far exceeding the value of the item they believe to be shoplifted, and even if they are right, expecting a young clerk that might be working 10 hours a week as a summer job to make the correct split second decisions when attempting to block exit to a store is dangerous in and of itself. You would be putting a great deal of expectation that the clerk will make the correct decisions in what is acceptable and unacceptable, and what is the appropriate reasonable level of force, and in this game the payoff might be the return of a $400 iPod (Which is probably only a cost of $300 to the store before markup) but at the same time the risk could be a civil suit in the tens of thousands of dollars. Obviously the will and means of the shoplifter to file a civil suit gives certain probabiltiies less than 100% but the risk/reward is still leveraged against the store owner.</p>
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		<title>By: Benjamin Carey</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3373</link>
		<dc:creator>Benjamin Carey</dc:creator>
		<pubDate>Wed, 10 Aug 2011 11:27:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3373</guid>
		<description>I disagree with the sentiment that a Costco member is oblidged to submit to a search. Costco has no more right to search it&#039;s customers than any other retailer, infact, should I want to walk right past the reciept line I have every right to do so.

The difference between Costco and Walmart is that Costco can terminate membership at their discression and can use refusal to show receipts as reason to deny access on any future occasions, but they still cannot oblidge a search on shoppers. 

Every retailer has the same right, they are able to deny access to their store. In essence this means they can block entry to their store at their discression, however they cannot block exit from their store. Costco&#039;s legal standing on blocking entry is even stronger, because they have a a requirement for membership and signed agreements as a standard policy for granting of access to their store.</description>
		<content:encoded><![CDATA[<p>I disagree with the sentiment that a Costco member is oblidged to submit to a search. Costco has no more right to search it&#8217;s customers than any other retailer, infact, should I want to walk right past the reciept line I have every right to do so.</p>
<p>The difference between Costco and Walmart is that Costco can terminate membership at their discression and can use refusal to show receipts as reason to deny access on any future occasions, but they still cannot oblidge a search on shoppers. </p>
<p>Every retailer has the same right, they are able to deny access to their store. In essence this means they can block entry to their store at their discression, however they cannot block exit from their store. Costco&#8217;s legal standing on blocking entry is even stronger, because they have a a requirement for membership and signed agreements as a standard policy for granting of access to their store.</p>
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		<title>By: greg hines</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3363</link>
		<dc:creator>greg hines</dc:creator>
		<pubDate>Fri, 17 Jun 2011 07:55:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3363</guid>
		<description>I left a post at:

http://www.costcoinsider.com/does-costco-have-the-right-to-check-your-receipt/

stating:

&quot;Interesting, you say the policy has an unconditional consent to search?  It states: &quot;Costco reserves the right to inspect any container, backpack, briefcase, etc., upon entering or leaving the warehouse.&quot;  This statement is listing types of property (etc. infers any other type of property), NOT your person, nor does it mention detention.  And, this states INSIDE the warehouse, not outside, as you state.  Also, detention for a breach of contract (the COSTCO policy), not for a lack of probable cause, is considered false imprisonment in most states.&quot;

..which was removed!</description>
		<content:encoded><![CDATA[<p>I left a post at:</p>
<p><a href="http://www.costcoinsider.com/does-costco-have-the-right-to-check-your-receipt/" rel="nofollow">http://www.costcoinsider.com/does-costco-have-the-right-to-check-your-receipt/</a></p>
<p>stating:</p>
<p>&#8220;Interesting, you say the policy has an unconditional consent to search?  It states: &#8220;Costco reserves the right to inspect any container, backpack, briefcase, etc., upon entering or leaving the warehouse.&#8221;  This statement is listing types of property (etc. infers any other type of property), NOT your person, nor does it mention detention.  And, this states INSIDE the warehouse, not outside, as you state.  Also, detention for a breach of contract (the COSTCO policy), not for a lack of probable cause, is considered false imprisonment in most states.&#8221;</p>
<p>..which was removed!</p>
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		<title>By: greg hines</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3362</link>
		<dc:creator>greg hines</dc:creator>
		<pubDate>Fri, 17 Jun 2011 06:23:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3362</guid>
		<description>COSTCO just did it.  After leaving their store, a number of them stopped and detained me for not showing my receipt.  Can they do this for a breach of their contract or is it false imprisoment?</description>
		<content:encoded><![CDATA[<p>COSTCO just did it.  After leaving their store, a number of them stopped and detained me for not showing my receipt.  Can they do this for a breach of their contract or is it false imprisoment?</p>
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		<title>By: ennui</title>
		<link>http://www.thelegality.com/2008/03/12/stop-that-paying-customer-the-legality-of-compulsory-receipt-checking/comment-page-2/#comment-3361</link>
		<dc:creator>ennui</dc:creator>
		<pubDate>Tue, 14 Jun 2011 07:20:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.thelegality.com/archives/36#comment-3361</guid>
		<description>When I refuse to give my receipt the Walmart nazi puts me on blast with his Walki Talkie that Comes on the store intercom for all the customers to hear &quot;we got one leaving no receipt&quot;.</description>
		<content:encoded><![CDATA[<p>When I refuse to give my receipt the Walmart nazi puts me on blast with his Walki Talkie that Comes on the store intercom for all the customers to hear &#8220;we got one leaving no receipt&#8221;.</p>
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