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  1. #1

    Default Falsely Accused of Shoplifting When Making a Return

    My question involves criminal law for the state of: Georgia

    Hi.

    I went to a retail store to return a few items, but decided to do a little shopping before proceeding to the register. When I approached the register I advised that I had a receipt for a couple of the items but the other items I did not have one. The cashier returned the first two items and then told me that they could not return the other items without a receipt as it was not coming up in the system. I told them if they weren't going to return those items then i will not purchase the other items and to please put those items back in a bag, which i took and proceeded to exit. Upon exit (a few people were around) the LP guy approached me and advised they had me on tape stealing. My response was excuse me -- no you don't! I cooperated fully when he asked me to remove the items out of my bag and told me to give it to him. Of course I did not give it to him, which he then asked me if I would go to the back with him (a little room in the back of the store), which again, i cooperated fully. He asked me to remove the items again out my bag, which i did and advised all he's trying to do is retrieve the items that he has me on tape stealing. I told him to show me the tape few times (which he did not) then i asked him to call the police a few times (which he did not). I then called a detective friend who asked me if i was being detained or handcuff, to which i said no, he said you have two options, you can leave if your not being charged or you can wait until the police get there (to which i told him that i asked the LP guy to call the police a few times which he did not). So after the LP guy told me i was not being charged, i told him i was leaving. he followed me outside took my tag # and i left.

    On my drive home i was so pissed off that i called another friend who told me to call the police and file a report, which i did. I was at home at the time (less than 5 miles from the store) and the police told me that since the incident did not happen at my home i would need to go back to the retail store, call the police, and file a report there, which i did. Upon the police arrival, i found out that the LP guy called the police and filed a report on me. I said OK what is the report # and i'll call a lawyer on MON. They then asked me if i had the pants in questions, which i did (it was still in my purse), they asked me if i had the receipt to the pants and i said I do not have both but i looked in my receipt pouch and found 1. They placed me in handcuffs and took me back to the same back room i was in earlier with the LP guy. I asked if I was being arrested and initially the cop said yes, then he came back and said no your not being arrested but we are detaining you until the retail store LP guy advised if they were filing charges or not. At the end of the day the LP guy made a copy of the receipt and said he will not be filing charges at this time and he will leave it up to his manager on Monday. The police then released me out of handcuffs and gave me the report # that i asked for initially.

    I am deeply hurt as I shop at that retail store a minimum of 2 times per week and spend a ridiculous amount of money there weekly. I was embarrassed and humiliated beyond belief not once but 2 X for something i did not do!

    I want them to pay for this. I feel that if they could easily do that to me they will do it to someone else unless it's stopped now! This has probably happened in the past, but no one has had enough strength to stop it! Do I have a good case here or am i wasting my time.

    Thanks in advance!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Falsely Accused of Shoplifting

    My guess is that you don't have a case.

    You are the one that escalated this from nothing to something. Can't imagine why you just didn't let the matter drop after you left the store the first time. Getting pissed off gets you pissed on.

    Lesson for the future.

    Save your receipts.

    Have them with you when you go to return something.

    Be aware of the store's return policy before you bring stuff back.

    If you don't have a receipt, most stores have somebody tagging items when you walk in or go directly to the customer service counter or to the register.

    Don't walk around the store before you make your returns.

    At the risk of getting you angry, all this could have been avoided by using some common sense.

    Feel free to consult an attorney but I doubt if you have anywhere to go with this.

    PS: No, this kind of thing isn't going to stop. Considering how much shoplifting goes on in this country (and they all seem to post here) a store owner has every right to make suspected shoplifters as miserable as possible. Unfortunate that you got caught up in it but I think you brought it on yourself.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Falsely Accused of Shoplifting

    Honestly, we need more details.

    - What items were you specifically returning?
    - Why did you not make the return upon entering the store (which is very logical).
    - Why did you have the pants in your purse, and not a bag?

    Really, you are wasting your time in pursuing a case against the store. You acted in a very suspicuous manner.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Falsely Accused of Shoplifting When Making a Return

    Of course you could have decided you would swipe a similar pair and try to return those for credit to pay for the other items using the original receipt excuse.

  5. #5

    Default Re: Falsely Accused of Shoplifting When Making a Return

    I returned to the store because the LP took my tag number and I wanted to make sure that my name was cleared and if anything was to happen in the future I would have proof of the incident.
    - What items were you specifically returning?
    I attempted to return a total of 4 pants. 1 @ $150 and 1 @ $49.99 (which i had the receipt for); 1 @ $25 and 1 @ 30 (which i did not have the receipt for).
    - Why did you not make the return upon entering the store (which is very logical).
    I shop here frequently, frankly too much and return items frequently. They do not tag items and tell you to shop around and approach register when you are ready to check.
    - Why did you have the pants in your purse, and not a bag? The pants were not in my purse. It was in a separate store bag that was tied.
    Really, you are wasting your time in pursuing a case against the store. You acted in a very suspicious manner.
    What specifically did I do that was suspicious?

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Falsely Accused of Shoplifting When Making a Return

    If you do not understand, no one is going to explain it to you.

  7. #7
    Join Date
    Jun 2010
    Posts
    179

    Default Re: Falsely Accused of Shoplifting When Making a Return

    I never walk around stores with items I'm about to return because I worry I'll end up in some scenario like this. I walk in the store, return the items, and then do any extra shopping. I know they told you to walk around but I would never do this even if the clerk told me to.

    If that happened to me though, I'd just punish them by never shopping there again. I'd also write them a bad review on some popular review site like yelp, yahoo, and/or google. Granted note that you can get sued for writing a negative review. Never stopped me though ha-ha...

  8. #8
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Falsely Accused of Shoplifting When Making a Return

    Quote Quoting mihamih
    View Post
    If that happened to me though, I'd just punish them by never shopping there again.
    Also since you're issue seems to be with one specific LP guy you are free to complain to store management about him. If you truly didn't do anything and believe he was out of line then you aren't risking anything. however you could always end up finding that management sides with him and could care less about you.

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