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LYNN123

Junior Member
What is the name of your state?What is the name of your state?undefinedWhat is the name of your state?Massachuetts

Last spring my daughters (ages 12&14 at the time ) went into Downtown to shop. They bought clothes from Filenes and a cd from a music store. I had given them a gift card that could only be used at a jewlery store geared toward teens. The store was busy and they were shopping around. They asked the store manager (they didn't know who she was at the time) if a specific type of jewlary was on sale ,they then went over to that area and began browsing. My yougest daughter picked up a ring with the initail of her first name on it (it was the only one left) and walked over to a different rack to look at something else. She was then approached by the security gaurd who tapped her on the shoulder and asked her were the ring was (she had put the ring down in front of her to pick up some dairys). She reached down and showed the security gaurd the ring and then he turned to the manager and said "she claims she put it down". He then asked the manager if he could take them to the back room to seach them (keep in mind this jewlery store is small and filled with other shopping teenagers and a fellow camper that attends the same academic summer camp with my oldest daughter). The store manager told the security gaurd to search them in front of the door which leads to the back room, he doesn't touch them but makes them shake out the clothes in their bags and checks the bag from the record store. he also makes them empty thier front and back pockets and low and behold
out pops the gift card with the store logo. As you have probably guessed the search was then ended. MY DAUGHTER ASKED WHY THEY WERE SEARCHED AND HE SAID THIS WILL HAPPEN TO YOU ALL THE TIME WHEN YOU SHOP IN DOWNTOWN --------. This happened in April of 2004 and i spoke via e-mail with one of the corprate reps a few times gave her all the info (much more detailed, time,date etc...). She was going to further investagate the matter, but my husband did not wan't to give our mailing address out at the time. Around the same time my daughter was diagnosed with scoliosis. Her first back surgery was in August of that same year,and then again in Febuary of 2005. She is now 100% well, physicaly and emoitionally. I resently sent a e-mail to see if we could resolve the matter and i am waiting for a response. I still have all the e-mail coraspondances. I believe my daughters were dicriminated againest based on color,all the customers in the store were caucasian except my children who are African American. Neither of my children had stolen anything and i believe the proper procedure to be used would have been to actually see mercandise being concealed, then the person would have to had been trying to exit the store with the stolen merchendice, which neither of my children had done. Both of my daughters now ages 13 and 15 understand the seriousness of this matter and in a recent discussion, i learned it effects their shopping experiences as they are uncomfortable shopping without a parent. As a parent i feel obligated to see this matter through, to show my kids that if your rights are violated even as children, something can and should be done. Do we i still have a case or has this incident happened too long ago for legal recourse?
 
Last edited:


stephenk

Senior Member
"I resently sent a e-mail to see if we could resolve the matter "

Resolve what? Do you want money from the store?
 

LYNN123

Junior Member
we would like...

Massachuetts

Thank you for your response,

My children and I would like a written apology from the store managment or the company and some monetary compensation.Do you think we have a case ?. Would it be better to use a mediator ?(would this be less expensive). If not how much would it cost out of pocket to hire a lawyer. How do we go about doing this ?.Thank you, in advance for your time and answers as they are both appreciated.


LYNN :)
 

stephenk

Senior Member
you will get not get a written apology or money from the store based on your post. It will cost much money to hire an attorney to make a legal claim against the store for doing what stores normally do - follow up on suspected shop lifting.

Your daughter was walking around with the ring and put it down in another area of the store. It is reasonable for the guard to question her about the ring. Stores have a legal right to detain and question suspected theives for a "reasonable" amount of time.

It was a mistake and nothing more. if you want to turn it into a race issue, then go ahead. However, it will cost you much money to prove your point.
 

pammness

Member
I have daughters too

Virginia
Hun, I think you have a good case and thos who have seen my other post will think I am a broken record but none-the-less... Here goes....
Here in Virginia, walking around with an item in other areas of same store... NOT walking out the exit door with unpaid merchandise, Is NOT a reason to question your daughters and search them. GEESH !! I go to the mall all the time pick up socks in one area and then go to jeans area... I am not shoplifting but keeping the socks with me in case I want to buy them.... Then I need to get to the register.... What's a person to do ????? Common sense people... This security guard was WAY out of line here. She didn't have the ring even on her person, he saw her pick it up where she laid it in front of her while she browse another jewelry rack.... Small stores and if crowded the lil baskets can be a pain, bumping people store. Get real.... I have picked up a purse to buy and had another items stuck my lil items in the purse to help me handle my shopping trip, I can do this as long as I pay for ALL items BEFORE exiting the store. If you have not left the store with there stuff, your NOT shoplifting. This is definetly harassment!!!
Here is me being repetitive : First thing I would do is contact the BBB (better business Bureau) and find out what information they have on said store. You can request the name of the contact person for the store from them, name and phone number, address as well... You can request a mediation session through the BBB. First you will HAVE to contact the person the BBB has on file. In Virginia you MUST state to this person that you have contacted the BBB and they recommend you call them first to resolve this issue. If leaving a meesage with someone or a voice mail, State above also that they have 5 business days to contact you on this matter and if they fail to do so, you will go back to the BBB, file a complaint and formally ask for a mediation session with this contact person (state their name) yourself, if you hire an attorney, your attorney and the mediator for the BBB.... Remember this is Virginia certain things may be different. This worked for me and I got what I wanted on my used car that they claimed was "AS IS" purchase. The BBB is goverment office and they generally will do everythin they can within reason, to settle this. I would speak to an attorney, you can usually find an attorney that will give you a free consultation... I would speak to one, but not act on it until you see how it goes with BBB....
You have rights here and I feel your girls were violated.
Also, I would get names and numbers of as many shoppers as you can together, if you can also have them and their parents right you a statement saying exactly what they witnessed, the more witnesses, I feel will improve your chances of winning this in the end.
Keep in touch and Good luck, God Speed :rolleyes:
 

HomeGuru

Senior Member
LYNN123 said:
What is the name of your state?What is the name of your state?undefinedWhat is the name of your state?Massachuetts

Last spring my daughters (ages 12&14 at the time ) went into Downtown to shop. They bought clothes from Filenes and a cd from a music store. I had given them a gift card that could only be used at a jewlery store geared toward teens. The store was busy and they were shopping around. They asked the store manager (they didn't know who she was at the time) if a specific type of jewlary was on sale ,they then went over to that area and began browsing. My yougest daughter picked up a ring with the initail of her first name on it (it was the only one left) and walked over to a different rack to look at something else. She was then approached by the security gaurd who tapped her on the shoulder and asked her were the ring was (she had put the ring down in front of her to pick up some dairys). She reached down and showed the security gaurd the ring and then he turned to the manager and said "she claims she put it down". He then asked the manager if he could take them to the back room to seach them (keep in mind this jewlery store is small and filled with other shopping teenagers and a fellow camper that attends the same academic summer camp with my oldest daughter). The store manager told the security gaurd to search them in front of the door which leads to the back room, he doesn't touch them but makes them shake out the clothes in their bags and checks the bag from the record store. he also makes them empty thier front and back pockets and low and behold
out pops the gift card with the store logo. As you have probably guessed the search was then ended. MY DAUGHTER ASKED WHY THEY WERE SEARCHED AND HE SAID THIS WILL HAPPEN TO YOU ALL THE TIME WHEN YOU SHOP IN DOWNTOWN --------. This happened in April of 2004 and i spoke via e-mail with one of the corprate reps a few times gave her all the info (much more detailed, time,date etc...). She was going to further investagate the matter, but my husband did not wan't to give our mailing address out at the time. Around the same time my daughter was diagnosed with scoliosis. Her first back surgery was in August of that same year,and then again in Febuary of 2005. She is now 100% well, physicaly and emoitionally. I resently sent a e-mail to see if we could resolve the matter and i am waiting for a response. I still have all the e-mail coraspondances. I believe my daughters were dicriminated againest based on color,all the customers in the store were caucasian except my children who are African American. Neither of my children had stolen anything and i believe the proper procedure to be used would have been to actually see mercandise being concealed, then the person would have to had been trying to exit the store with the stolen merchendice, which neither of my children had done. Both of my daughters now ages 13 and 15 understand the seriousness of this matter and in a recent discussion, i learned it effects their shopping experiences as they are uncomfortable shopping without a parent. As a parent i feel obligated to see this matter through, to show my kids that if your rights are violated even as children, something can and should be done. Do we i still have a case or has this incident happened too long ago for legal recourse?
**A: you may have a case but you need to be willing to spend $10K to get $500. Move on and learn from it.
 

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