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Can I Sue Retailer When They Forgot To Remove Sensor From Purchased Item?

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  • 05-17-2008, 07:25 PM
    MKU
    Can I Sue Retailer When They Forgot To Remove Sensor From Purchased Item?
    Shopper forgot to remove sensor from the shoes that I have purchased. I realized it only when I opened then at my home. Now I do not have time to go their shop to get the sensors removed, and I am not able to use shoes also. I have receipts with me. Can I sue them for their ignorance?

    Thanks!
  • 05-17-2008, 07:34 PM
    FlyinHawk®
    Re: Can I Sue Retailer When They Forgot To Remove Sensor From Purchased Item?
    You don't have time to go back to the store to get the sensors removed but you have time for a lawsuit? Okay.
  • 05-17-2008, 07:51 PM
    LawResearcherMissy
    Re: Can I Sue Retailer When They Forgot To Remove Sensor From Purchased Item?
    No.

    Hoist up your britches and find the fifteen minutes instead of trying to waste the Court's time.
  • 05-17-2008, 08:36 PM
    2much4tv
    Re: Can I Sue Retailer When They Forgot To Remove Sensor From Purchased Item?

    No,

    I travled by plane all the way from NYC's I Magnin with 3 suits and 1 dress, all had senors that had not been removed. Once back home in Los Angeles, I took all of the garments to then Jos Magnin. As I entered the store bells, whistles and whatever else they had at the time went off as I headed to a cashier. I explained my situation and asked for a dept mamager(while security stood 2 ft away) When the Manager came I explained my dilemma, showed her my receipts and the garments with the senors on it. First the Manager shooed away Security, then instructed the cashier to remove the sensors and apologized profusely and loud enough for the nosey customers standing by waiting for me to be arrested, and told them to go on shopping because of my race in a store that catered to a mostly white wealthy group. They were waiting for the shoe to drop. Would you believe some people even asked me what happen as I left the store?? I simply kept walking and ignored them. The nicest person was the Manager mind you I was dressed just as classy as the other customers in the store. For sure its some what different today.
  • 05-18-2008, 10:29 AM
    SChinFChin
    Re: Can I Sue Retailer When They Forgot To Remove Sensor From Purchased Item?
    If you sue, you'll probably won't collect much of anything, as it was a simple mistake, and as you said, the manger took care of it admirably.

    If I were you, do what I've done on a few occasions. Kill them with kindness. I would certainly get the name of the nice manager, write a letter to the CEO of the organization, copy to the manager, complementing them on the excellent way they handled themselves. But I would add that I felt totally embarassed by the whole episode, and I wouldn't want any other customer of theirs to suffer and some might be upset enough to get to a local "consumer reporter", or sue. You might add that you're a loyal shopper who loves the store.

    You might be surprised if they'll respond with "gift certificates", much more than what you might expect from "small claims".

    As an example, my girl drank some juice, got an allergic reaction. My wife wrote the company, saying we're not saying we'll sue you, but as writing you as a loyal customer of many years to alert you to the danger. We got a few hundred dollars in coupons in response for the company's products. We certainly would have no case had we gone to small claims, and collected nothing.
  • 05-18-2008, 11:45 AM
    aaron
    Re: Can I Sue Retailer When They Forgot To Remove Sensor From Purchased Item?
    The thread was posted by MKU, not 2much4tv.
  • 05-18-2008, 12:47 PM
    SChinFChin
    Re: Can I Sue Retailer When They Forgot To Remove Sensor From Purchased Item?
    Quote:

    The thread was posted by MKU, not 2much4tv
    Thanks, I see that.

    My advice would probably be the same, call ahead to the manager of the store to get the situation resolved, and depending on what happened, and if it's a large company, write to the CEO.

    I would ask the manager if they want bells and alarms ringing when I come, or if someone would meet me outside. Better yet, come by my house, pick up the stuff, and drop it back to my house.
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