by mohammed47 » Thu Jul 19, 2012 2:38 pm
You do not have to leave the store for it count as shoplifting, you only have to pass the registers. Once you've passed the registers, the store managers can assume that you had no intent to pay. You cannot sue for damages in this case. Your friends made a mistake, and that mistake resulted in stress, embarrassment, chest pain, and feeling belittled. None of these things are illegal. Neither is saying you've called the cops when you haven't. There is no entrapment, because the didn't encourage your friends to leave without paying just so they could catch them. There is no slander, because they didn't go spread lies around town about what your friend did. It is common for stores to use intimidation tactics on those they assume are shoplifting. If they were nice and sweet and understanding, that would send the wrong signal to thieves. Personally, I think that your friends should be grateful that they are not being taken to court for shoplifting, because if they store wanted to press charges chances are they would be found guilty. After all they WERE guilty, by definition of law. Not "meaning to" doesn't make it any less illegal. He did not have to let them go. Things could have turned out very badly, so they really got off easy. However.... Statements like "I feed your kids" are bad public relations. Chain stores like these make a lot of profit off of people spending their government benefits there and to alienate customers who get government assistance is not a good idea from a store owner's perspective. You may be able to talk to this guy's manager and get him written up for comments like that. (Maybe not though, if you've agreed not to be on store property anymore.) I am not sure whether it's legal for the store to fine them. Did they sign some sort of agreement saying they would pay in exchange no not being charged? Did they have an opportunity to consult a lawyer before signing? If not, maybe they should contact one now. But then again, they'd pay a lawyer more to get them out of it than what they'd pay the store.....