Recipt Check after checkout - legal? My Rights?

Question

I wanted to find out what my rights are as a consumer when it comes to the recipt checks that go on at locations like 'Sams Club, Wal-mar, Bestbuy, and Cosco' When I exit the store.
I would like to know if I have the right to refuse the person that will not let me exit until they check off my receipt. Is there anything thats related to the concept " that upon completing a 'trade' the items traded are now legally owned by the receiver of items received in the trade" And does that now give me rights similar to the forth amendment where I can refuse a search?

A fellow customer has explained it very well in a blog entry:
http://www.bwcitypaper.com/1editorialbody.lasso?-token.folder=2006-11-16&-token.story=179621.112112&-nothing

The point being that it slows down the traffic. Along with the idea that the person at the registure handles and sorts though all the contents of one cart and transfurs it to another cart during the checkout session.

The idea that the company is trying to save me from being over charged is false. The people at the exits don't know the prices of all the products in the store. They can not remember if the 3 pack of ketchup costs 9.99 or 7.99.

Answer 1

Interesting. This is a case where the rights of two people or entities overlap, and therefore a court would probably grant that some reasonable compromise is necessary. You have the right to carry on your business without unreasonable interuptions and intrusions on your person and property.

The store, by contrast, has the right to take reasonable precautions to insure the safety and security of their merchandise.

It is unlikely that any court would rule that the practice of asking customers to produce a receipt is an unreasonably invasive practice, and could conceivably rule that the receipt check is part of the entire check-out process. This is especially true in membership clubs like Sams, where you have to sign a membership agreement. Furthermore, the store has the right (depending on the state) to detain people it has probable cause to believe may be attempting to committ theft. Refusing to show your receipt would raise the suspicion that you may be attempting to committ theft, and they might be within their rights to hold you until the situation can be sorted out ("sirbobby's" claim that they cannot hold you is premised on the idea that they could not sucessfully prosecute you for attempted larceny. That much is obvious, but beside the point).

In reality, it is likely that they would not attempt to physically stop you from leaving, with the associated legal liabilities.

However, regardless of what your rights in this case may or may nor be, you must remember that trade is inherantly a voluntary process by law. You can choose not to shop at a given merchant, and by the same token, that merchant can refuse to sell their wares to you. A store may not, of course, discriminate against you on the basis of your race, religion, sex, etc, but outside of that they are perfectly free to say, "We would rather that you do not return to this store."

Therefore, even if we do assume that you have the perfect right not to show your receipt, the store also has the perfect right not to sell to you. Therefore, if you didn't show your receipt, there is not much they can do about it, but the most likely result is that they would politely ask you not to return to their store. The store *is* private property, and yes, they can do that. Furthermore, if they have asked you to stay off of their private property, they can even call the police and have you thrown out if you come back.

All in all, the question of whether you have the right not to show the receipt is a moot point, since the store has an equally valid right not to sell to you in the future.

Answer 2

You are on the businesses premises so Thee 4th Amendment is irrelevant unless they try to do a strip search or detain you.

Given how common the procdure is I would venture to guess that the proedure has been tested in the courts.

Although I don't know the laws for your particular question.

You could ask the ACLU or your Public Defender if you got pinched.

I am not a lawyer. Only licensed lawyers can give legal advise.

Answer 3

What is the big deal? Are you aware of how much stuff is stolen from stores like that, then the loss is passed on to consumers in higher prices? If you have nothing to hide, it should be no problem.
They look at your receipt for total items purchased and then count what you have...No Biggy!

Answer 4

They are obviously trying to see if you are the legal owner of something you are leaving the store with. You would obviously have the receipt if you were. If you don't like the policy, stop going to the stores that check receipts.

Answer 5

Sams Club and Costco are membership clubs, your rights include not renewing your membership and not shopping there.

WalMart & Best Buy experience huge "shrinkage" rates. They are just attempting to keep people from stealing. And again, your rights are to not shop in stores where you don't like their policies.

If you are so adament about this 'violation" of your rights. Write corp a letter and quit spending your money there.

Answer 6

As was mentioned, Sam's and Costco are membership organizations - you agree to their procedures when you joined.

Other stores [non-membership] like Wal-mart or Fry's have no right to delay you...see the link.

Answer 7

Your rights are to stop shopping there if you don't like the practice. If you refuse to allow them to do the search they can and will detain you on suspicion of shoplifting and they will search your things anyway and possibly even barr you from the premesis.

Answer 8

lolz i try to many time to just pass those suckers but you can't pass by them lolz they're like fu cken soldiers lolz but anyways yah you are right about that one they don't know the prices lolz i think you want to slow them down and just being funny with them lolz but anyways just show them there recipt thats all and they just gonna check it off anyways

Answer 9

The store has every right to protect themselves against shop-lifters. Checking bags upon departure is one way to do it.

Stop whining.