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Does a store have the right to obtain a counterfeit coupon from a customer?

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animuson

Junior Member
This forum seemed to be the most relevant place to ask this. I live in Nebraska, but I think this is more of a national legal issue.

I was working at a store, a year or so back when this happened, late at night when a customer came in trying to use one of those old "Free Bag of Doritos" coupons. I was informed by my management that we were supposed to attempt to confiscate counterfeit coupons, write VOID in large letters across the coupon, and tear the coupon through the barcode before throwing it away, if a customer ever attempted to use one. I had never had problems with customers handing them over before, but this customer was different.

Right off the bat when I asked him for it, he claimed he was a police officer and that I didn't have the right to confiscate anything from him at all. Since our store didn't have specific policies on what to do when a customer refused to hand over a counterfeit coupon, I merely refused to complete his order and he left. Later on, another employee told me that I should have told him, "Then you should know that it is a federal offense to knowingly be in possession of a counterfeit coupon." She told me that possessing a counterfeit coupon is essentially equivalent to possessing a counterfeit dollar bill.

- So first off, is this true?
- Second, do we have any responsibility for removing counterfeit coupons from the possession of a customer when it is presented?
- Should we call authorities if they refuse?
- Did I do the right thing by simply refusing to complete his order since he refused to comply with our store policy?
 


cyjeff

Senior Member
- So first off, is this true?
Not even remotely.

- Second, do we have any responsibility for removing counterfeit coupons from the possession of a customer when it is presented?
No responsibility to possess and destroy.

No responsibility if you don't.

I would.

- Should we call authorities if they refuse?
Refuse to do what? Give you the coupon?

Wow... now we have really made a tempest in a teacup. He is passing a fake coupon for Doritos... he didn't steal the Mona Lisa.

If you don't want his business, tell him to get out. If he refuses, call the police to arrest a trespasser.

Trying to pass a false coupon isn't a crime against YOU unless you accept it... and this it is simple retail fraud/shoplifting.

- Did I do the right thing by simply refusing to complete his order since he refused to comply with our store policy?
Yup.

Must be a slow night at the ol' Quick Trip if this is what you do to spice things up.
 

Zigner

Senior Member, Non-Attorney
It is not your responsibility to forcibly remove the coupon from the customer. Heck, if you tried, it could even been considered that you are robbing the customer.
 

HomeGuru

Senior Member
It is not your responsibility to forcibly remove the coupon from the customer. Heck, if you tried, it could even been considered that you are robbing the customer.
**A: hahaha. How can it be robbing if the coupon was of no value? What if it was counterfeit money instead?
 

Zigner

Senior Member, Non-Attorney
**A: hahaha. How can it be robbing if the coupon was of no value? What if it was counterfeit money instead?

Section 28-324
Robbery; penalty.

(1) A person commits robbery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever.

(2) Robbery is a Class II felony.


Paper has value...
 

HomeGuru

Senior Member
Section 28-324
Robbery; penalty.

(1) A person commits robbery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever.

(2) Robbery is a Class II felony.


Paper has value...
**A: I am pretty sure if it went to court the ruling would be the coupon paper was of no value. In this instance toilet paper would have more value.
 

Zigner

Senior Member, Non-Attorney
**A: I am pretty sure if it went to court the ruling would be the coupon paper was of no value. In this instance toilet paper would have more value.
So, the paper, ink, time, etc. that went in to creating that item means nothing?
Also, another way of looking at it is that the law reads any personal property of ANY value. ANY. "Zero" value is still a value..
 

HomeGuru

Senior Member
So, the paper, ink, time, etc. that went in to creating that item means nothing?
Also, another way of looking at it is that the law reads any personal property of ANY value. ANY. "Zero" value is still a value..
**A: but step back one and remember that the item is counterfeit.
 

swalsh411

Senior Member
To my knowledge there is no legal requirement of any store to honor any coupon, legitimate or otherwise. Inform the customer that the coupon will no be honored that he may proceed with his purchase without using the coupon. The grocery store clerk is not the coupon police.
 

Zigner

Senior Member, Non-Attorney
**A: but step back one and remember that the item is counterfeit.
That doesn't affect the act of robbing the customer.

Let's say I have a counterfeit Remington statue that I try to sell. Should to prospective buyer have the right to rob me of my statue, counterfeit or not?
 

animuson

Junior Member
Ok, so continuing from the same idea, I have another similar scenario.

The way I usually handled counterfeit coupons is that I would actually take all the coupons from the customer as if they were all to be accepted. If one turned out to be a counterfeit, I would inform them that the coupon was counterfeit and not return it to them, and follow the store procedures (writing VOID on it, tearing through the barcode, throw it away) while I was explaining that it was counterfeit. This way there was never any confrontation of trying to get the coupon because the customer already handed it over to you.

I appreciate your answers and I understand that retailers are not responsible legally, but I feel they should still be responsible for removing the coupon from circulation. It shouldn't just be about keeping your store safe, but keeping all stores safe. By removing the coupon from the customer at that point, that customer is unable to go and attempt to use it elsewhere where it may not be caught as a counterfeit. Our store had policies but not all of our cashiers followed them. I did. Whenever I was unsure I would get on the computer and run it through the CIC website to see if the coupon came up as flagged. But we also had basic rules for absolutely no printed coupons for "free" items, etc.

Anyways, is the above method of simply not offering to return the coupon to the customer legally acceptable? Can the customer do anything if we refuse to return a clearly counterfeit coupon to them that we already took possession of?
 

swalsh411

Senior Member
Store clerks are not the coupon police, and they can make mistakes. A customer could make a scene and call the police claiming the cashier stole from him. (which is what happened). Even a worthless (or what you believe to be worthless) slip of paper is still property.
 

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