On our way home from Louisiana, we stopped at a gas station in Kentwood, where I bought some drinks for Mr. S. and myself. The total came to $4.07, and I handed the cashier my credit card. I almost never have cash in my wallet unless I'm getting ready to pay a babysitter. I find it's easier to track our spending when it's all on credit cards and can be categorized online (don't worry--we don't carry balances; we pay everything in full at the end of the month).
Anyway, the cashier said, "Sorry, there's a minimum $5 purchase," and before I could stop myself, my Consumerist brain kicked on and I replied, "Actually, that's a violation of your merchant agreement with Visa. You are not allowed to set a minimum purchase requirement."
The cashier looked at a manager standing nearby, who told me that "every store is different," and since I had already opened my mouth, I just repeated myself.
They looked at each other in confusion and the cashier slowly took the credit card.
This was really nothing compared to the time I refused to let a Walmart employee check my receipt on the way out of the store--I told him it was a violation of my fourth amendment rights. Stores are not allowed to check your receipts or purchases (which are your property after your pay for them) unless you sign an agreement with them (as BJs, Costco, Sam's Club, and those types of store ask you to do) or they suspect you of shoplifting. Since the employee told me he did not suspect me of shoplifting, I kept asking for a manager and finally walked out of the store. He called after me but did not follow me out.
Do you do stuff like this? Did you know that stores aren't allowed to do it? Do you think it's too embarrassing? Do you think it's important say anything at all about these things?
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7 comments:
Your post is very eye opening! I didn't realize either of the points you made and will definately change my outlook on things!
I'm not the kind of person to open up like this because I'm pretty meek when it comes to arguing. Mainly because I don't come up with awesome comebacks until I'm sitting at a red light down the road thinking...man I wish I had said xx.
I'm glad to know this information, but I guess I don't mind so much when a worker checks my receipt at the door. Maybe I'm looking at it in a selfish way, but having a worker checking receipts at the door does reduce (though not eliminate) shoplifting, which results in lower prices. For me, it's worth the small inconvenience. And the satisfaction that at least some people are being deterred from trying to shoplift. Sad that I have to think that way, huh? I think working in retail jaded me!
I had no idea, but I've never run into something like this.
I don't mind abiding by most requests because, as of yet, I haven't run into any that bother me much.
Good to know that there are things out there, though, if something ever does get under my skin [smile].
~Luke
I applaud your willingness to assert your rights, but I have two legal nits to pick. First of all, receipt checks don't violate the Fourth Amendment. That protects citizens from unreasonable searches and seizures by government agents. Wal-Mart employees are private citizens and aren't bound by the Bill of Rights.
What you should cite when refusing receipt checks is your state's shoplifting/larceny statute. Merchants can detain someone only when they have "probable cause" or "reasonable suspicion" (depending on your state) to believe you're a thief. Without any evidence, they can't force you to submit to a search or prevent you from leaving the store.
It's also not true that stores are not allowed to check your receipts. They are allowed to ask, and if you show them, they haven't detained you because you consented to a voluntary search. However, while employees have every right to ask for your receipt, they have no right to demand it or to stop you from leaving.
I reply to all such requests with a polite "No, thanks," flash a smile, wave and continue through the exit. Rarely do I encounter much resistence.
Excellent points, Healthy Distrust. Thank you.
Isn't there also a credit card agreement that they can't charge you more if you use a credit card instead of cash or check? I've noticed places like government offices and such will charge you a convenience fee.
Visa and Mastercard say that you can't charge a "convenience fee" for credit card use, but you can provide a "cash discount." It's all in the wording.
American Express and Discover don't allow either unless it is allowed by all credit cards accepted at the store.
I don't know how the government gets around that. I know when you pay your taxes you have the option of using a credit card with a third party. Maybe that third party isn't calling it a "convenience fee," maybe they're just charging it as a cost of doing business?
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