- Report: #150422
Complaint Review: WALMART - Roseville California
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WALMART
Lead Hill Blvd Roseville, 95661 California, U.S.A.
Phone:
916-783-8281
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WALMART assault, wrongfully accused and arrested, ripoff Roseville California
I went to Walmart with a friend last week. We browsed through the store and purchased several items including paint, a DVD, and toiletries. I returned to Walmart later that day to have the paint I had purchased earlier colored. Due to the heat and the fact that I have had my car broken into in the past, I put the DVD (which was opened) and lotions (that had been forgotten in the car) and the paint that I was going to have colored directly in my purse (a backpack type purse).
Since there was no one at the paint counter, I browsed through the store and picked up several items. I returned to the paint counter and requested the paint color then went to use the restroom. At this time, I realized that I had forgotten my receipt in the car and still had the uncolored paint in my purse.
When I returned to pick up the colored paint, I exchanged the paint by returning the uncolored paint to a shelf in the store and putting the colored paint in my purse so I wouldn't have to come back to the store again. I then went through the garden center where I paid for the items in my cart and exited the store.
After crossing the parking lot outside of the store, I was accosted by a man who said he was with Walmart's loss prevention. He accused me of having something that I hadn't paid for and I told him that I had paid for everything and showed him my receipt.
He continued to accused me of having something and attempted to grab my purse from me. I told him that I had paid for my things and that he'd no right to grab my purse. He stated, I know what I saw and he was making a citizen's arrest and had every right though he declined to tell me exactly what he saw.
He then forcefully grabbed my purse from my hand, twisting my finger in the strap, while shoving me backward (the next morning, my finger was severely bruised and tender but not broken and I experienced pain in my shoulder).
After opening my purse, he demanded that I return to the store with him. I explained to him that that I had a receipt for the items in my purse and asked him if I could get the receipt from my car. He called me a liar and refused to allow me to retrieve the receipt from my car to prove that I had paid for the items.
At this point, I decided to go with him into the store in an attempted to resolve the issue. Inside the store, I again tried to explain that I had come in to the store with the items in my purse and I had a receipt to prove it but he insisted that he knew what he saw and again called me a liar. He then rummaged through my purse and wallet, removing cash and other items, and confiscated all of my purchases and called the police.
The LP stated to the police that he had seen me take the DVD but had no video surveillance because he claimed that the store did not have cameras in all aisles. At this point, I was asked to make a statement. I told the officer that I had a receipt for all the items but otherwise remained silent.
Based on the word of the LP, I was arrested and booked at the local Police Department. Upon being released with a citation, I had to walk several miles back to WalMart where I retrieved my car and went home.
I immediately called the manager of WalMart and explained that I had receipts for ALL of the items taken from me and could I come and pick them up. He said he would review the LP's report and the video and get back with me. I waited one week and finally went to the police with my receipt. The receipt was booked into evidence but the police refused to file an assault charge because I had waited too long. I called several local attorneys but NOT ONE is willing to take the case!
I am a mature professional with a clean record. I was not only humiliated by this experience but understand this arrest will be on my record even though the charges will more than likely be dismissed. I am outraged by this incident and want retribution but it seems that none will be forthcoming... I just have to grin and bear it!
Rachel
Roseville, California
U.S.A.
Click here to read other Rip Off Reports on Wal-mart
Since there was no one at the paint counter, I browsed through the store and picked up several items. I returned to the paint counter and requested the paint color then went to use the restroom. At this time, I realized that I had forgotten my receipt in the car and still had the uncolored paint in my purse.
When I returned to pick up the colored paint, I exchanged the paint by returning the uncolored paint to a shelf in the store and putting the colored paint in my purse so I wouldn't have to come back to the store again. I then went through the garden center where I paid for the items in my cart and exited the store.
After crossing the parking lot outside of the store, I was accosted by a man who said he was with Walmart's loss prevention. He accused me of having something that I hadn't paid for and I told him that I had paid for everything and showed him my receipt.
He continued to accused me of having something and attempted to grab my purse from me. I told him that I had paid for my things and that he'd no right to grab my purse. He stated, I know what I saw and he was making a citizen's arrest and had every right though he declined to tell me exactly what he saw.
He then forcefully grabbed my purse from my hand, twisting my finger in the strap, while shoving me backward (the next morning, my finger was severely bruised and tender but not broken and I experienced pain in my shoulder).
After opening my purse, he demanded that I return to the store with him. I explained to him that that I had a receipt for the items in my purse and asked him if I could get the receipt from my car. He called me a liar and refused to allow me to retrieve the receipt from my car to prove that I had paid for the items.
At this point, I decided to go with him into the store in an attempted to resolve the issue. Inside the store, I again tried to explain that I had come in to the store with the items in my purse and I had a receipt to prove it but he insisted that he knew what he saw and again called me a liar. He then rummaged through my purse and wallet, removing cash and other items, and confiscated all of my purchases and called the police.
The LP stated to the police that he had seen me take the DVD but had no video surveillance because he claimed that the store did not have cameras in all aisles. At this point, I was asked to make a statement. I told the officer that I had a receipt for all the items but otherwise remained silent.
Based on the word of the LP, I was arrested and booked at the local Police Department. Upon being released with a citation, I had to walk several miles back to WalMart where I retrieved my car and went home.
I immediately called the manager of WalMart and explained that I had receipts for ALL of the items taken from me and could I come and pick them up. He said he would review the LP's report and the video and get back with me. I waited one week and finally went to the police with my receipt. The receipt was booked into evidence but the police refused to file an assault charge because I had waited too long. I called several local attorneys but NOT ONE is willing to take the case!
I am a mature professional with a clean record. I was not only humiliated by this experience but understand this arrest will be on my record even though the charges will more than likely be dismissed. I am outraged by this incident and want retribution but it seems that none will be forthcoming... I just have to grin and bear it!
Rachel
Roseville, California
U.S.A.
Click here to read other Rip Off Reports on Wal-mart
1 Updates & Rebuttals
Jon
Scotia,New York,
U.S.A.
A Little Thinkin Can Prevent A Lot of Problems
#2Consumer Comment
Sat, July 23, 2005
Rachel, How old are you? You can't just walk into Walmart for an exchange with the merchandise stuffed into your purse, you should know better, unless you're about 10. You know the drill, show the greeter the merchandise and receipt, she'll tag it, and you walk over to the Customer Service desk. You then get a refund, and go over to the paint dept and get your new paint, and pay for it on the way out. Now isn't that easy? That's the procedure, and it's there for a reason. Don't follow it, and you're asking for trouble, which is what you got. You simply set yourself up. So what exactly is your gripe about Walmart? That they're protecting themselves from shoplifters? Is there something wrong with that? What do you expect if security sees you cramming merchandise into your purse? That they'll tell you to have a nice day? And security doesn't know exactly what you took, and you had the DVD and lotions in there, along with the paint, so that was all bad news for you. And you definitely didn't have a receipt for the colored paint, since you walked out of the store without paying for it. All you have is a receipt for the uncolored paint, and you put the paint back on the shelf yourself, so who's to vouch for you? A little bit of thinkin can really prevent problems. Common sense seems to be totally lacking in a lot of the gripes that are posted. You appear to have been legally arrested by a citizen because of your actions. I know you weren't actually stealing anything or even had that intent, but how is security supposed to know that? They see you put something of theirs in your purse, and of course they are going to assume you are shoplifting. Their job is to prevent shoplifting, got it? And you can't just stroll back to your car to get a receipt after they detained you. They know people make an excuse, get in their car, and flee. Not that you would have, but they don't read minds and have no way to know otherwise. Any store who saw you stuff merchandise into your purse is going to assume you are a shoplifter, and search you after you exit the store. So what is your gripe with Walmart? You shop there because you like their low prices, right? And exchanges and returns are no hassle (if you do it the correct way), right? And they are aggressive on shoplifting so they won't have to charge you more, right? It is an unfortunate incident, but I can't believe that you would want retribution from Walmart, they've done nothing wrong. Of course you are embarrassed and humiliated, who wouldn't be? But there isn't anything that will take that away. You sound like a law abiding citizen who had a really bad day, it happens to the best of us. If they treated you roughly and injured you during the citizen's arrest, you can probably file charges of assault and battery. State laws vary about citizen's arrest, so you'll have to look into it deeper, but don't just give up. Usually, you can use reasonable force to resist a citizen's arrest, and they probably can't use an amount of force that could harm you if you resist them. I wouldn't give mind to what the police told you about pressing an assault, they aren't lawyers. Of course it is very hard to find an attorney to take your case, and that is probably a clue that your case is too weak. But don't give up, since you were injured, you just have to keep looking. An attorney can at least advise you on the statute of limitations concerning the injury, and what you would need as proof. If you're all healed, didn't go the emergency room, didn't file a complaint, and have no pictures of your injuries, you probably can't prove your case, but be sure to have an official opinion from an attorney on that. Perhaps there was a witness to the force they used, and saw your injury; consult an attorney! The sooner the better. You will be saddled with an arrest record, but for employment purposes they can't usually make you reveal that. Hopefully you can keep them from prosecuting you, you absolutely need an attorney if they want to go to court. You really did nothing illegal, you just unthinkingly made it look like you were shoplifting. Never place merchandise where it isn't in full view, and make sure the store knows the merchandise has been payed for before you get too far into the store. But I really don't think that filing a complaint against Walmart is warranted, security was just doing their job, as they would at any store. Good luck.
