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Don't tell lie in my store again

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sunder

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Delaware

In a grocery store, I had the choice of 2 very similar products but different prices. Product A was $.99 and B was $2.99. These were in similar bags, but the product in B was a different color. I wanted and picked up A.

When I returned home, I found that the store had charged me the price for product B and the price and description of product B was on my register tape But the product I had left the store with and now had in my house was A, thus creating a $2.00 overcharge. Product A was not anywhere on the register tape.

I called the store and brought it to their attention saying I would return that evening. As circumstances played out, I couldn't return to the store that night. I did seek out the manager I had spoken to on the next visit the following week. I'm disabled; leaving me limited times to get to the store.

I presented the manager the register tape indicating the erroneously charged error and the now empty bag of product A. I explained the bag was the bag I had picked up in his store the contents had been consumed.

He took the bag to the register scanner and returned to show me that the bag had scanned as product A. To me, that was no surprise, that was the crux of the claim; I bought A, but was charged for B. He denied the Adjustment of $2 because as he saw it, the bag A I brought to him scanned correctly therefore it was not the bag I left the store with and if the register tape said bag B, then I bought bag B. I asked him where he thought I got bag A. His response was he didn't know but it wasn't his store as I had claimed. At that point, it is my belief he identified me as a liar in front an individual who was with me and several employees who were clearly listening.
I left the store without satisfaction and feeling violated.

There is no doubt that this manager would have recognized me as a regular customer in this store for several years, leaving weekly with a full shopping cart. That would be roughly $6,000 per annum in business. There's no doubt in my mind this business manager was the only one in Delaware that day, when confronted with making a $2 adjustment chose to bash a regular customer and think it was good for his business.

He never considered the possibility that the original product A's UPC number didn't get scanned, but was a key entered by the checkout person. I don't know that happened, but neither does the manager. There's no way to tell the difference on that store's tape. The 10 digit UPC numbers for A and B differed only in the last 3 digits. It was my misfortune that day that the wrongly keyed numbered registered as B.

I made several calls to the store asking to speak to the owner of the business. Failing to get a response to calls, I wrote 2 letters addressed to the business owner explaining the situation and the opportunity to discuss the matter with him/her. No response.

Since, I have filed a complaint with the Consumer Protection division of the state's DOJ. The store's response vilified me claiming distortion and embellishments and reiterated the bag I brought into the store was not the bag I left the store with. If this weren't enough, the store threatens to sue me if I continued these libelous actions.

BTW, over the period of a year's shopping in that store, there was a least 12 instances where I brought checkout pricing errors to their attention. Was there ever a suggestion of fraud or deception implied to the store or in my complaint, no. Just the hope they would improve computer data entry.

Besides a grossly mishandled customer relations matter by an inept manager, is there any legal principle at play here? Has the manager voicing that my claims were untruthful in the store in front of witness and then reiterating the untruthful nature of my claim in the store's reply to my CP complaint constiture a form of slander? The written record is now on file in the AG's office as a public record, as I see it.

Thank you for your time,
Hank
 


Veronica1228

Senior Member
Having a difference of opinion is not slander. He didn't call YOU a liar, he said your claim was false.

All of this for $2?
 

sunder

Junior Member
Veronica1228 said:
Having a difference of opinion is not slander. He didn't call YOU a liar, he said your claim was false.

All of this for $2?
Yup and that's what I thought. I guess it doesn't matter the scene in the store at the time left no doubt with some who may have recognized me and may gotten the impression I was trying to deceive the manager. The whole thing was so outrageous, if he used the word 'liar' I didnt' hear it.

I'm still looking to accomplish more than just the loss of my $5000 a year business. And that has surely happened, I haven't gone in that establishment since that day.

The threat of being sued is sort of unnerving especially when it's done in a public document. But as far as I'm aware, filing a complaint regarding unsatifactory service, which is the least it was, at the state's consumer protection unit or the BBB is not libelous.

But I still don't understand, when in the presence of a captive audience that could do nothing else then listen, why isn't it injurious when the person in authority, in this case the mananger, judges my account of the situation as false? This didn't happen in a vacuum.

Regards,
Hank
 

Veronica1228

Senior Member
sunder said:
Yup and that's what I thought. I guess it doesn't matter the scene in the store at the time left no doubt with some who may have recognized me and may gotten the impression I was trying to deceive the manager. The whole thing was so outrageous, if he used the word 'liar' I didnt' hear it.

I'm still looking to accomplish more than just the loss of my $5000 a year business. And that has surely happened, I haven't gone in that establishment since that day.

The threat of being sued is sort of unnerving especially when it's done in a public document. But as far as I'm aware, filing a complaint regarding unsatifactory service, which is the least it was, at the state's consumer protection unit or the BBB is not libelous.

But I still don't understand, when in the presence of a captive audience that could do nothing else then listen, why isn't it injurious when the person in authority, in this case the mananger, judges my account of the situation as false? This didn't happen in a vacuum.

Regards,
Hank
Let's put it this way. Say you were arguing about something else. The manager says that The Who are the greatest rock band ever, and you tell him he is wrong. The Beatles are the greatest rock band ever (they are). You argue about it and he tells you, in earshot of everyone else, that you are stupid and you have the taste of a billy goat. Would you be embarrassed? Sure. Is he correct. Probably not. Is it slander? No. It is his opinion.

Just because you were embarrassed it does not mean that he slandered you. He stated his opinion and other people happened to overhear. If you don't believe me, make a few calls around and see if you can find a lawyer to take your case. If you have enough money you will be sure to find someone who will take it on.

That is, if you want to spend all of that money over a $2 issue.
 

sunder

Junior Member
Veronica1228 said:
Let's put it this way. Say you were arguing about something else. The manager says that The Who are the greatest rock band ever, and you tell him he is wrong. The Beatles are the greatest rock band ever (they are). You argue about it and he tells you, in earshot of everyone else, that you are stupid and you have the taste of a billy goat. Would you be embarrassed? Sure. Is he correct. Probably not. Is it slander? No. It is his opinion.

Just because you were embarrassed it does not mean that he slandered you. He stated his opinion and other people happened to overhear. If you don't believe me, make a few calls around and see if you can find a lawyer to take your case. If you have enough money you will be sure to find someone who will take it on.

That is, if you want to spend all of that money over a $2 issue.
Beetles :)

Am I libel if I file complaints at Consumer Protection and the BBB if I avoid alledging fraud or deception?

Of course I don't want to spend a fortune over $2, but aren't there times you deal with someone that's so stupid you want to stick them with a pin (or Heels)? You had to be there to enjoy how infuriating this man was. I'm not a person with a short fuse, but if I could have found a piece of dog u-know-what, I would have smeared it all over him and the store. The owner was apparently nearby, heard all this and declined to get involed. I can tell you one thing, had I been the owner and was witness to a minion about to cost me a customer over a $2 claim, even if the store had not made the mistake, he would have been fired on the spot.

Hank
 

jano1

Junior Member
Hank

I am not a lawyer but manage a retail store. I have to tell you I would have given you back the 2 bucks, kept your business, and would have hoped to gain more business by you telling friends and associates what great cutomer service you received.
 

stephenk

Senior Member
in the future don't use the product and then return the empty bag and demand a refund. Anyone can find an empty bag and claim they were overcharged.
 

sunder

Junior Member
stephenk said:
in the future don't use the product and then return the empty bag and demand a refund. Anyone can find an empty bag and claim they were overcharged.
I don't know where you come from, but around here most customer/retailer relationships there is some sort of vague concept of trust, until taught otherwise.

This was a grocery store, one I have used weekly for at least a half a dozen years dropping at least 6 to 8 grand a year. This was a small family owned store. They surely know their regular customers and they knew me. Maybe too well. I fequently vist their customer service counter for correcting overcharge errors which they make all too often. The manager grabed the opportunity, trashed my story, called me a liar and figured I wouldn't come back. He was correct.

Incidentally, I still had the product. It was a bag of potatoes and anyone who knows anything about produce, potatoes rot if stored in plastic.

Do I incur any liability by recounting this story of this bad experience in public even if I identify the store by name?

Hank
 

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