- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Constitutional lawyers : Is Walmart demand to show receipt legal?
Posted on 5/8/20 at 2:37 pm to Indefatigable
Posted on 5/8/20 at 2:37 pm to Indefatigable
quote:
That suit gets thrown out immediately, and you will be paying Wal Mart’s costs. You agreed to the store’s loss prevention policy when you did business with them. Unless their behavior is prohibited by law, you are subject to their policies
You might take look at many cases that some would scoff at which have passed judicial muster.
quote:
You have NO PRESUMPTION OF INNOCENCE with regards to a private businesses loss prevention policy. Your presumption of innocence would not apply until you were arrested and charged with shoplifting, which would be done by law enforcement and not the store.
OK then I have a presumption I am not required to respond tot eh store's request for the receipt. If they want to involve police they can then press charges if they believe a judge would find me guilty of a crime for not providing a receipt tot he store sentinel.
That would be a false arrest and subject them to damages. But, thats OK, go ahead and make my day.
1
Posted on 5/8/20 at 2:38 pm to tigersbb
quote:
Some aggravated a-hole like me might elect to make the federal courts rule on it.
There is no federal defamation statute so the only way you’re getting into federal court is diversity. And a federal court hearing a diversity claim sits as an Erie court applying substantive state law... which is Kennedy v. EBR Sheriff
I just so happened to clerk in law school for a firm that was defending someone sued for defamation for reporting something to the police so this is a very niche area of law I happen to know pretty well.
Posted on 5/8/20 at 2:42 pm to tigersbb
This thread is such a freaking weird hill to die on. But do your thing you rebel you.
Ftr, it's annoying to me too having the person check my receipt, but that literally takes 2 seconds. Trying to fight against it and make a huge deal would take a lot longer than 2 seconds. It is simply not worth my time or trouble to make a big deal for them to check my receipt.
Not to mention I dont even shop at Walmart alot.
Ftr, it's annoying to me too having the person check my receipt, but that literally takes 2 seconds. Trying to fight against it and make a huge deal would take a lot longer than 2 seconds. It is simply not worth my time or trouble to make a big deal for them to check my receipt.
Not to mention I dont even shop at Walmart alot.
Posted on 5/8/20 at 2:45 pm to tigersbb
quote:
I dont give a damn about their rules , that is their business.
Then why did you bother asking this question in the first place?
quote:
When I complete a purchase and make payment I am exiting the store with purchase and receipt. If there is no law compelling me to provide the receipt I am walking out every time without responding to the request There is no law authorizing them to ask for receipts and there is no law prohibiting me from ignoring them either.
You're correct there is no law prohibiting you from walking away.
There's no law prohibiting them from asking law enforcement to stop you and investigate you for shoplifting. There's no law preventing them from banning you from the premises, either.
So, enjoy your righteous feeling when you tell your family you can't go in that Walmart because you're banned from entering. That's likely the lowest societal level you can fall to, where Walmart considers you too low class to allow in.
Posted on 5/8/20 at 2:47 pm to boosiebadazz
quote:
There is no federal defamation statute so the only way you’re getting into federal court is diversity. And a federal court hearing a diversity claim sits as an Erie court applying substantive state law... which is Kennedy v. EBR Sher
I respect you and know you are well versed. Walmart is an Arkansas corporation , I believe so would not that create diversity even if it involves a local store? I assume this is a national policy and procedure.
I am also curious in that Kenendy actually involved a presumption of counterfeiting based upon the employee's inspection of the $100 dollar bill. Walmart making an assumption that refusing to show a receipt absent any other evidence creating suspicion of criminal behavior seems to be a quantum leap.
This post was edited on 5/8/20 at 2:50 pm
Posted on 5/8/20 at 2:49 pm to tigersbb
quote:
If they want to involve police they can then press charges if they believe a judge would find me guilty of a crime for not providing a receipt tot he store sentinel.
Yea, that’s not how it works, and Wal Mart would never, ever attempt press charges in that scenario.
This post was edited on 5/8/20 at 2:50 pm
Posted on 5/8/20 at 2:50 pm to tigersbb
So do you ever show your ticket to get in a football game? Or do you just walk on in? Do you feel you don't need to prove you purchased the right to enter?
Posted on 5/8/20 at 2:52 pm to tigersbb
quote:
I respect you and know you are well versed. Walmart is an Arkansas corporation , I believe so would not that create diversity even if it involves a local store?
He didn’t say there would not be diversity. He said a federal court hearing a diversity case applies state substantive law.
Meaning Kennedy v EBR Sheriff would apply here
quote:
Walmart making an assumption that refusing to show a receipt absent any other evidence creating suspicion of criminal behavior seems to be a quantum leap.
No, it really isn’t.
Posted on 5/8/20 at 2:52 pm to tigersbb
quote:
I respect you and know you are well versed. Walmart is an Arkansas corporation , I believe so would not that create diversity even if it involves a local store? I assume this is a national policy and procedure.
You probably get diversity of citizenship depending on the corporate structure of Wal-Mart, but you still have the jurisdictional threshold of showing your claim is worth more than $75,000. I think you may struggle with that for a momentary detainment, but crazier things have happened.
quote:
I am also curious in that Kenendy actually involved a presumption of counterfeiting based upon the employee's inspection of the $100 dollar bill. Walmart making an assumption that refusing to show a receipt absent any other evidence creates suspicion of criminal behavior seems to be a quantum leap.
Wal-Mart sells goods and loses millions of dollars each year to theft. I think it’s a very easy nexus to link a patron refusing to show a receipt to the suspicion they may be trying to steal an item.
I think your better way around Kennedy would be that you refuse to show your receipt and the loss prevention guy accuses you of child porn. No real clear nexus between the refusal to show a receipt and child porn.
But I think every court in the land will see the connection between refusing to show the receipt and how that can lead to a suspicion of shoplifting.
Looks like Big Corporation wins again!
Posted on 5/8/20 at 2:53 pm to Indefatigable
Oh holy hell this guy is talking about diversity jurisdiction now? Ok this has to be a troll. Well done, OP. Well done.
Posted on 5/8/20 at 2:54 pm to AbitaFan08
quote:
Ok this has to be a troll. Well done, OP. Well done.
It truly is. But it’s like a bad car wreck, I just can’t stop looking. The off chance that he’s being serious is worth the time, not like I’m doing anything at work today anyways.
Posted on 5/8/20 at 2:55 pm to Outside looking in
quote:
So do you ever show your ticket to get in a football game? Or do you just walk on in? Do you feel you don't need to prove you purchased the right to enter?
Nice try.Yes because that is the requirement to enter.
I would balk at being required to show my ticket as I was leaving in order to prove I paid for the privelege of watching the game. But then I am not a sheeple like the 463 people who downvoted my post.
Posted on 5/8/20 at 2:57 pm to tigersbb
quote:
Nice try.Yes because that is the requirement to enter.
That ticket is merely a receipt that shows you paid.
Posted on 5/8/20 at 2:57 pm to tigersbb
Easy. Is Walmart a government actor/performing a government action? No.
They can do whatever they want.
They can do whatever they want.
Posted on 5/8/20 at 2:58 pm to Indefatigable
quote:
It truly is. But it’s like a bad car wreck, I just can’t stop looking. The off chance that he’s being serious is worth the time, not like I’m doing anything at work today anyways.
It really did, it really happened just this way , like he day my momma socked it to the Harper Valley PTA
Posted on 5/8/20 at 2:58 pm to tigersbb
quote:
But then I am not a sheeple like the 463 people who downvoted my post.
Complying with the policy of a store that you freely chose to do business with does not make one a sheeple.
quote:
Yes because that is the requirement to enter.
As if there is a special place for entrance requirements as opposed to other policies like not bringing a knife into the stadium or stealing from the concession stand, which are less enforceable somehow?This post was edited on 5/8/20 at 3:02 pm
Posted on 5/8/20 at 3:00 pm to tigersbb
quote:
It really did, it really happened just this way , like he day my momma socked it to the Harper Valley PTA
I don’t doubt that you were “that guy” at Wal Mart. I doubt whether you are truly impaired enough to post in this thread like you have
Posted on 5/8/20 at 3:01 pm to tigersbb
quote:
Nice try.Yes because that is the requirement to enter. I would balk at being required to show my ticket as I was leaving in order to prove I paid for the privelege of watching the game. But then I am not a sheeple like the 463 people who downvoted my post.
Not exactly apples to apples, but checking the ticket to enter seems closer to checking the receipt than does checking a ticket to exit. In both cases you are having to prove that you paid for something before you are allowed to enjoy what you paid for
Posted on 5/8/20 at 3:02 pm to Outside looking in
quote:
That ticket is merely a receipt that shows you paid
Irrelevant to the ticket taker, they could care less how I came into possession of the ticket. As long as the bar code clears and it is not a duplicate, its game on,next tickte please.
This post was edited on 5/8/20 at 3:07 pm
Posted on 5/8/20 at 3:05 pm to tigersbb
quote:
Irrelevant tot he ticket taker, they could care less how I came into possession of the ticket. As long as the bar code clears and it is not a duplicate, its game on,next ticke please.
Similarly, the receipt checker does not care whether the receipt is yours, as long as the items in your possession appear on the receipt.
I know you’re just trolling now to cover for your dumbassery earlier in the thread, but you gotta do better than that.
Page 25 of 35
Popular
Back to top
Follow TigerDroppings for LSU Football News