Menlo Park, California... A few evenings ago we (14 year old daughter and me) shopped for a few items, paid for them and then decided to get a 'coffee' drink. I then grabbed a cart, put our items in it and we got our drinks then headed towards the door... All of a sudden the wheels on the cart jammed... thinking something was stuck in the wheels, I looked down at them, couldn't find any problems, I looked up and 4 or 5 security guards were coming towards us. We thought this is funny... this is when we were treated like criminals. Completely surrounded... One of them demanded my receipt! "You've got to be kidding" I thought... I gave them my receipt and they checked all my items.. they then told me that I had 12 seconds to get out of the store once the receipt is printed! (Like we knew this) They insinuated that we were stealing and putting items in our bags. They reset the alarm.

"We just wanted 'coffee'! and What's the problem with that?" I asked.

Not one educated answer and we then proceeded to go out the door and the security alarm jammed the wheels again!! OMG!! They were going through my stuff again!! I had 7 different items 18 items total. This time they stated that I had 10 seconds the 2nd time the alarm was reset!! Like I knew this too! They went to reset it, I grabbed 2 bags and told my daughter to do the same, I left with daughter behind me. When we got out the door my daughter tells me that when she grabbed the bags one of the guards elbowed her! I asked her repeatedly are you sure this happened and she said, "YES MOM". SHe's 14 years old!

I contacted the manager and spoke to a police officer (shopping at the time) outside of the store... still not sure what had just happened.. and unsatisfied 20 minutes later.. we walked to the car and on our way home the 1st thing my daughter says, "Mom, does this mean that handicapped and older people have to get out the door in 12 seconds?" I responded, "Don't know, think so." she then said, "They would be scared...anyone would be scared, especially our elders. This can't happen. I can't imagine it, it makes me sick." I agreed.

Got home... ice cream melted... items smashed and...
Someone we know saw us at the door of this new grocery store... GREAT! Daughter is embarrassed... hell, so am I.

I then called the # on our receipt... told them the story... fwd to manager... manager to call me back after video watched...
About 20 minutes later manager calls me back and tells me that the security guards used "excessive tactics". Then on a 3 way call with store manager... I am told that the security guards are a private company and that this grocery store isn't responsible for their tactics. I stated that you hired them so yes you are responsible. Both managers told me that I could get refund for damaged items and that they would give me a $10 gift card. I asked, "Aren't we presumed innocent until proven guilty?" they both said, "We are not allowed to answer that question."
Next day... called regional manager... spoke with secretary or assistant... to call back.

No call back... I called following day again I spoke w/assistant (says all were in meetings 1st day I called) and told her that I looked at this receipt and there were ERRORS! I purchased 2 8-pks soda... charged for 3... purchased 10 small cups ice cream charged for 9... all on video!! You call these people security guards? 2 of my 4 pkgs. Were the boxed soda... assistant was disgusted at these problems... told me I can go to store and get this corrected... and that she will contact the 'security department' at their corp. offices and have them call me tomorrow or Monday. We will see.

Went to store with daughter and was escorted by employee (2 of the guards that detained us 2 days before staring at us at all times we were in the store) to back of store to speak with day manager. I asked, "First of all, why 12 seconds from receipt printing to door?" He said that the security guys lied and that there wasn't a time limit to get to door. The guards were making up that story as they went along." LIED WHY?? WHAT Happened? He says that I got the cart after I paid and before I bought the coffee drink and that the cart must go through the checkout line. Hmmm... I told the guard before I bought the coffee drink what my intentions were... grab a cart, put my groceries in it and have a coffee drink. Still not satisfied. They refunded my money on the overcharge, melted/smashed food. This time I was offered a $50.00 gift card... NO. We were then escorted to the cashier and we left. We have never felt so uncomfortable at a store in our lives, especially one that we go to 3 times per week.

I know I want to file a complaint but where do I start? Should I file a lawsuit if so what type of lawyer do we hire?
Thanks so much!
bohead.

If your reputation or standing were damaged, sure, you would have a lawsuit - but I don't see any damages here. Inconvenience and embarrassment are, unfortunately, not actionable unless they are excessive. Whatever you are going to do you need an Attorney so call one and see what he/she says.

Of course I'd stay out of the store for the rest of my life.

(The checking receipts is happening all over - in my area it's random and then they check your purchases against the receipt. I've only seen the electronic wheel locks once and not to the extent you have explained.

Always check your receipt at the register before you move out of line. I always check my receipt and have found errors and have them immediately corrected. The part with the locking wheels on shopping carts is obviously to deter theft from the store. Apparently this store has had a lot of theft hence the security guards and shopping cart modification. There is a lot of shoplifting where I live and see it all the time. It's the honest folks that end up paying emotionally like you did from the storeowners overzealous actions. Can't blame them though due to the economy. If you feel you have been wronged and want to sue try and find an attorney to take your case. I don't see any real damages to sue over, but then anyone can sue anyone for anything and win - the impossible does happen sometimes - but not as a rule.

Hello bo:

I don't see damages that you'd win in court either... But, I have another way, although it involves some work.

I hate companies that do that. I get 'em back. I'm not a nice person. You shouldn't be either. What I'd do, is print up flyer's stating exactly what you said here. Then get a BIG sign printed with something like DON'T SHOP HERE - CROOKS! Then hand the flyer to anybody who asks. Don't go on their property or you'll run into those thugs again. Do it on the public sidewalk in front of the store. You'll probably get their attention THIS TIME. If the manager says anything, tell him you'll settle for a public apology printed in the newspaper and a $500 gift card.

Screw those bastards.

excon

Yes, sadly not much of a law suit, but then I would not have left the store the first time without making a much bigger scene, and I would have called the police.

Ok actually I do things a little different, I don't stop, They can not detain you unless they are willing to arrest you. ( security guards have no power of arrest other than citizen arrest) and they are personally liable as is their company and the store that hires them.

** OK at walmart I let the senior citizen see my receipt. But if security ever asks to check my things, I say no, I am sorry but they do not have the right to detain me.

As to the seconds to leave the store, you call them a fool to their face, say they should not lie and demand to see their supervisor.

If you were illegally detained in force this could be considered a false arrest, And yes, if you are wealthy enough to hire an attorney and want to teach these jerks a lesson, I would sue them so this does not happen to others. Do not expect to actually win if it goes to court, so be ready to settle.

Next file a complaint to the commission in your state that licenses the guards, get their names and file a individual complaint on each one.

Hello again,

So they got grocery carts with lo jack?? What has this world come to?

excon

You don't have a case here...

I am sorry and appalled at the treatment you received. This happens at Walmart daily when the alarm sounds at the door and the personnel want to see the receipt. My view of this is the store is requesting a voluntary search. I know someone who underwent this procedure last Christmas; her shopping cart was full and they proceeded to go through the entire purchase. So I have concluded, that when this happens to me, I am going to wave 'bye-bye' to the clerk, manager, or whomever, and head out the door. If they stop me, I will say, "let's get the name of all the witnesses watching this illegal search because we will go to court; this merchandise was bought and paid for, and here is my receipt; good bye."
Good news for you is you are in California - a Hell on earth for any defendant. Find a good plaintiff's trial lawyer: Consumer Attorneys of California (http://www.caoc.com/CA/index.cfm?event=showPage&pg=selectlawyer)
The damages you claim may be 'punitive damages': Consumer Attorneys of California (http://www.caoc.com/CA/index.cfm?event=showPage&pg=pundamages)
Good luck.

Hello again,

So they got grocery carts with lo jack????? What has this world come to?

excon

Where are the homeless suppose to get their mobile homes if they have wheel locks on the buggies.