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Should I sue or settle out of court?

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S

smuvblkluv

Guest
On October 22, 2000, I was shopping at major department store that day in which my cousin and I were humiliated and assaulted. I was in the store to make a purchase of a $1400 TV when I was questioned, PUSHED and treated like a thief.
It all started when I was making a purchase of a Sony Wega TV. First, I was asked to speak to credit card representative twice before the sale was finalized. At this point I was annoyed for having to verify twice who I am. Next, I went to purchase a small travel bag, during the sale I am passed the phone again to speak to credit card representative. I asked what is the problem and why do I need to go through this process again. She began to get nasty and stated it was procedure. I informed the representative that we just spoke earlier and that none of my information was going to change. At any rate, I verified my personal information and passed the phone back to sales associate. He speaks to her and again passes me the phone. I refused to speak her because I did not see the point in speaking to someone about making a purchase for $59.00 plus tax. It was ridiculous and embarrassing, so I decided to cancel the sale of the travel bag because this beginning to upset me. Finally, I went to pick up the TV from customer merchandise pick up.
At pick up I was asked to present the sale’s receipt, and a photo ID which I willing displayed to the associate. The associate (an undercover store security officer) told me I have to go to the back. I asked him "why and for what reason." He again just tells me to come to the back in which I said "for what." He then proceeds to push me towards the door of the back of the store. I explained to him that you do not push people. He said he is just doing his job. Now I am disturbed with the store and its customer service. The security officer then interrogates me asking questions such as "who does the card belong to" and to tell the truth. He then starts questioning me if that is my card and where is the gift card that I purchased. I am just perturbed at this point in that I did not know what else to say. I already verified my personal information four times over the phone to rep and twice to the security agent along with my driver's license. He then states that the credit department called to stop the pick up. The security agent calls the rep again in which I her attitude was really nasty. She began to request information that was irrelevant to the purchase. I am so agitated that I can not recall some of the information she was requesting of me because I cannot even think clearly. I have lived many places and not all my addresses have been reported because I had my mail forwarded. I then finished speaking with the rep who was rude and very degrading. My cousin tried to intervene in which he was told to bud out. At this point, the security officer calls him and myself a "pussyclot" and a "pussyhole." I could not believe he had the audacity to say that to my cousin nor myself. The security agent then threatens my cousin and myself stating "we can take it outside if we don't like it." He then states to me "I haven't seen any pushing yet." I passed the phone back to the xecurity officer in which my identity was proven to be non-fraudulent and I was cleared for pick up of the TV. I was so humiliated and hurt that I decided I wanted to cancel the sale. No apology was given to me by either the rep nor the security officer. I was then persuaded to keep the TV by another employee. He stated over and over that sales associate works on commission, she needs the commission and to begin with that I really wanted the TV. I indicated to him that the sale associate, was wonderful; however, the security officer lack of tact displayed towards my cousin and I jeopardized her commission. Being pushed, cursed at and threatened is never acceptable and as a result therefore lost my sale that day.
When I proceeded to leave the merchandise pick up area, the security officer again threatens my cousin and myself telling us we "better watch out - we don't know who we are messing with." As we exit the area, the people who were gathered around started laughing at my cousin and I. At this point, I was so humiliated. I then went to the electronics’ department to get a refund on my purchase. My cousin requested to see the store’s manager, in which the electronics’ manager was called over. First of all, he was very nonchalant and he never introduced himself to us. He calls the security officer to the electronics department while we are explaining the situation. The officer arrives and again starts raising his voice and he calls us a "pussyhole" again in front of the electronics’ manager. Again, no apology was given to us by either the electronics’ manager nor the security associate. The electronics’ manager nonchalantly stated we can file a complaint in which my cousin and myself did immediately.
All while this event was occurring, I see the second sales associate in the customer service pick up area. If he works in the basement in hardware what is doing on the first floor in the pick up area. Then on top of that, the sales associate appears again on the third floor while we exiting to the human resource department. Was he looking for some type of entertainment? Did he expect to see my cousin and myself get arrested like some episode of C.O.P.S? I could not believe my eyes that all these people were starring at us in amusement. I was really appalled by the actions of these employees.
How can I get compensated for the three hours I spent in the store being interrogated like a criminal for using my own credit card? What legal action can I take? Please advise.
 


ALawyer

Senior Member
The conduct you described sounds as if it turned from normal inquiry, generated as a result of activitiy that deviated from your normal use of the card, or an unusual pattern of purchases, which the credit card issuer spotted and reported to the store, which then began to act into somewhat outrageous.

What is unclear to me is the extent to which you may have feeded the inquiry, or help escalate it. In any event that should not justify being threatened and insulted. Of course if you escalated the languae first, the employee may respond in kind, and that while that may not matter at law, it sure would have an impact on what a store management or insurer or judge or jury might do.

In the old days the conduct would heve been considered a "civil arrest" as your movement was restrained, a "battery" as you were touched in a hostile manner, and these are intentional wrongs, or torts., and can give rise to actual and punitive damages. But given the increasing impact of fraud and shop-lifting, many states have laws that now permit stores to engage in limited restraint and questioning.

If you believe you were singled out because you are a member of a minority, that could add fuel to the fire and in the hands of a lawyer might help make a case better. If you have a record that is less than clean, that could damage your case and credibility.

If you want an apology and a modest credit, write to the CEO of the chain and set forth your demand. If you want the possibilty of a lot of money see a lawyer.
 

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