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Dillard's - Falsley Accused of Theft
Complaint
Review by consumerwithacomplaint on 2012-07-29
Rating: 
I went into a Dillard's Department Store to purchase a new outfit for a work event and during the walk from the car to the door, I had to make a mad dash through a summer downpour (the kind that pops up out of nowhere). I used my purse to cover my head and when I entered the store, I asked a sales associate for a shopping bag to place my wet purse in.
I walked around and found some items to try on, and put back the items that didn't fit. They were having a sale so I selected a few more items on impulse since they were a good price. I know how the sales at the store works, where the associates get credit for the purchases they ring up. Since the first associate was so nice to me by helping me out with my wet bag, I planned to give her all of my sales. I also have worked in retail before and understand how LP operations work, and the legalities of it.
I selected items from different areas of the women's department, and had probably 8-10 items. After encountering some pushy sales people that kept trying to take my items and "hold" at their register, I used the shopping bag to carry the selections with me, rather than have an armful of clothing that was hard to carry. I removed my purse from the bag before I did this.
On my way to the pajama department, not anywhere even near the exit, I was stopped by 3 very young associates, that said I had to come with them. I asked why, and they very blatantly accused me of shoplifting. I asked them, how could I have stolen anything, I haven't even left the store, and it's difficult to navigate shopping without something to aid in carrying purchases. "where did you get that bag?" "From one of your associates, to hold my wet purse when I came in" I offered my wet purse to them to feel. They kept insisting for me to follow them, and I refused.
I said that I have no intention of taking their things, and explained that I wanted to credit the associate that offered me the bag since she was very helpful. I handed the girl my shopping bag and said if you want to take it to the lady that I got the bag from, I'll leave it there until I find some pajamas. They still insisted that I was shoplifting, and since I really wasn't I refused to comply to their demands.
Their threats were very loud and embarrasssing to me in front of other customers, and they didn't even listen to the explanation without jumping to conclusions. When they asked the associate that gave me the bag, she said that she did, and I looked at her and said "You can thank your co-workers for losing a $300 sale for you. I appreciate your help, but I'm not going to purchase these items".
I turned and left, and one of the other associates attempted to block my way with her hands. I promptly pointed at her and said calmly, "you are not allowed to touch me, and if you prevent me from leaving, I will have a talk with your manager that I was falsely detained, and my attorney will be following up." Indignantly, the first girls sputtered, "well...don't ever come back here!" I said "I haven't signed anything stating that I am trespassing nor banned from this location, so I'm free to come back and shop if I want to, not that I will after this episode."
I think the stores poorly train their associates and while I understand and respect their rights to prevent theft, they could use a little more judgment when it comes to who they accuse, and the methods they take when confronting a suspected shoplifter. I will be sharing this story across many internet consumer complaint boards, as I feel they are a company that could use a little change, especially in the pushy sales associates.
I understand they only make a very low wage, and their salary is based on the volume of sales, regardless of the amount of customers willing to purchase or the economic environment, hence the pushy sales and nearly ripping items out of your hands as soon as you touch it. I hope they change something, because their products are nice, but I can find comparable items elsewhere.
I walked around and found some items to try on, and put back the items that didn't fit. They were having a sale so I selected a few more items on impulse since they were a good price. I know how the sales at the store works, where the associates get credit for the purchases they ring up. Since the first associate was so nice to me by helping me out with my wet bag, I planned to give her all of my sales. I also have worked in retail before and understand how LP operations work, and the legalities of it.
I selected items from different areas of the women's department, and had probably 8-10 items. After encountering some pushy sales people that kept trying to take my items and "hold" at their register, I used the shopping bag to carry the selections with me, rather than have an armful of clothing that was hard to carry. I removed my purse from the bag before I did this.
On my way to the pajama department, not anywhere even near the exit, I was stopped by 3 very young associates, that said I had to come with them. I asked why, and they very blatantly accused me of shoplifting. I asked them, how could I have stolen anything, I haven't even left the store, and it's difficult to navigate shopping without something to aid in carrying purchases. "where did you get that bag?" "From one of your associates, to hold my wet purse when I came in" I offered my wet purse to them to feel. They kept insisting for me to follow them, and I refused.
I said that I have no intention of taking their things, and explained that I wanted to credit the associate that offered me the bag since she was very helpful. I handed the girl my shopping bag and said if you want to take it to the lady that I got the bag from, I'll leave it there until I find some pajamas. They still insisted that I was shoplifting, and since I really wasn't I refused to comply to their demands.
Their threats were very loud and embarrasssing to me in front of other customers, and they didn't even listen to the explanation without jumping to conclusions. When they asked the associate that gave me the bag, she said that she did, and I looked at her and said "You can thank your co-workers for losing a $300 sale for you. I appreciate your help, but I'm not going to purchase these items".
I turned and left, and one of the other associates attempted to block my way with her hands. I promptly pointed at her and said calmly, "you are not allowed to touch me, and if you prevent me from leaving, I will have a talk with your manager that I was falsely detained, and my attorney will be following up." Indignantly, the first girls sputtered, "well...don't ever come back here!" I said "I haven't signed anything stating that I am trespassing nor banned from this location, so I'm free to come back and shop if I want to, not that I will after this episode."
I think the stores poorly train their associates and while I understand and respect their rights to prevent theft, they could use a little more judgment when it comes to who they accuse, and the methods they take when confronting a suspected shoplifter. I will be sharing this story across many internet consumer complaint boards, as I feel they are a company that could use a little change, especially in the pushy sales associates.
I understand they only make a very low wage, and their salary is based on the volume of sales, regardless of the amount of customers willing to purchase or the economic environment, hence the pushy sales and nearly ripping items out of your hands as soon as you touch it. I hope they change something, because their products are nice, but I can find comparable items elsewhere.
Comments:
Posted by clutzycook on 2012-07-29:
I didn't think that store associates were allowed to confront shoplifters, but perhaps it depends on the store.
You have to admit though, no matter how innocent the intention, putting items that you had not paid for yet into a shopping bag does look a bit sketchy.
You have to admit though, no matter how innocent the intention, putting items that you had not paid for yet into a shopping bag does look a bit sketchy.
Posted by FoDaddy19 on 2012-07-29:
I'm afraid I think the sales associates did the right thing. It does look *very* suspicious to see a customer stuffing goods in a bag that normally you don't get until you've bought something. With that said, the matter should've been handled with more discrestion. Also they don't need you sign anything to keep you from coming back to the store
Posted by trmn8r on 2012-07-29:
If you were using a shopping bag to transport items around the store, which you say that you were, I can imagine someone viewing a security camera having a seizure, and sending someone to question you about what is going on. As clutzy suggests, store associates may not normally do that.
As for an employee saying "do not come back," stores can ban shoppers.
I agree that salespeople being pushy about sales and trying to get you to purchase at their register is a lousy setup - I would find shopping in that environment uncomfortable.
As for an employee saying "do not come back," stores can ban shoppers.
I agree that salespeople being pushy about sales and trying to get you to purchase at their register is a lousy setup - I would find shopping in that environment uncomfortable.
Posted by JISCal2 on 2012-07-29:
I thought the same thing clutzy. I learned on this site that if the items are concealed the shopper can be stopped. When I worked retail no one was stopped until after they had exited the store. Theft is a serious issue for retail businesses and while this customer says they had no intention of shoplifting, the actions taken don't look good. Common sense on both customers and the business should prevail.
Posted by bob932304 on 2012-07-29:
Even if it looks like you are trying to shoplift that is enough to accuse you of it, while never leaving the store. I don't think associates should be the one stopping suspected shoplifters, that should be the store detective or the police.
Posted by spiderman2 on 2012-07-29:
Here is my question. If you put your wet purse in the shopping bag and then took it out and put their merchandise in it, wouldn't the inside of the bag be wet? Why would you put items in a wet shopping bag? That doesn't even make sense to me. You don't put items you didn't purchase in a shopping bag, your intentions will not be interpreted as harmless. Also, you do not have to sign anything for a store to ban you from the premises. All they have to do is send you a letter stating you are not to be there, you don't have to agree to it. Now, they don't have your name and address so they aren't going to send you anything, but if you go back, be prepared to be asked to leave. You do not have a right to shop there if they do not want you on their premise.
Posted by Nohandle on 2012-07-29:
In a few stores some *associates* are in fact with loss prevention. The idea obviously is to blend in as a regular employee. Are they expected to walk around with a vest designating LP on the back? I wouldn't think so anymore than if I was with LP walking around in street clothes.
I honestly think laws vary from state to state. A long time ago an individual had to actually leave a store with unpaid for merchandise before they could be apprehended/approached. I think now in a lot of states concealing merchandise within a store can be grounds for being stopped. I want a pair of earrings and just decide to drop them in my purse or a bag I already had and pay on the pay out. I don't think that would work in most cases.
All I can say on this review is although the intentions seemed to be good I would have never done it. There's no way I would have put items into a bag no matter how inconvenient they might be to carry. Food for thought: You are a shopper and observe someone placing items into a bag they already have. What would you think?
I honestly think laws vary from state to state. A long time ago an individual had to actually leave a store with unpaid for merchandise before they could be apprehended/approached. I think now in a lot of states concealing merchandise within a store can be grounds for being stopped. I want a pair of earrings and just decide to drop them in my purse or a bag I already had and pay on the pay out. I don't think that would work in most cases.
All I can say on this review is although the intentions seemed to be good I would have never done it. There's no way I would have put items into a bag no matter how inconvenient they might be to carry. Food for thought: You are a shopper and observe someone placing items into a bag they already have. What would you think?
Posted by Amy on 2012-07-29:
Shopping carts or baskets are what you use to put items in while you shop, not a shopping bag given to you by a clerk. Anyone seeing you do this would normally assume you to be shoplifting.
Posted by GenuineNerd on 2012-07-29:
Problem is, putting the items in a shopping bag does constitute shoplifting to some store personnel and security. Being a full-service department store, perhaps instead of putting the items in the shopping bag, they should have been left at the counter until you were ready to purchase. Although the OP intended to pay for the items, putting them in the shopping bag is wrong. I know that department stores don't offer shopping carts, but some stores (Kohl's is one) offers totes or baskets for in-store use. When no carts, baskets, or totes are available, the items should have been left at the counter until they're paid for.
Posted by Susan on 2012-07-29:
Makes perfect sense to me that the LP staff stopped you and you were wrong to put items you hadn't yet paid for into an empty shopping bag. Put yourself in their place and think about it long and hard before calling your attorney.
Posted by CowboyFan on 2012-07-30:
In Florida, concealing a product constitutes shoplifting, regardless of whether you have left the store. When the OP put the products in the bag, she concealed their presence, which in any state looks like shoplifting. It was proper for the clerks to stop her.
This idea that the clerks cannot touch her, is also questionable. In Florida, if a shoplifting physically resists a security guard/clerk, it is no longer shoplifting, but robbery - a serious felony. (It is the equivalent of grabbing a bank bag from a woman and struggling to get it and leave.) The OP was lucky that she did not face more charges, and that the store was nice enough to let her leave without filing charges.
This idea that the clerks cannot touch her, is also questionable. In Florida, if a shoplifting physically resists a security guard/clerk, it is no longer shoplifting, but robbery - a serious felony. (It is the equivalent of grabbing a bank bag from a woman and struggling to get it and leave.) The OP was lucky that she did not face more charges, and that the store was nice enough to let her leave without filing charges.
Posted by SteveWiginowski on 2012-07-30:
Spiderman, I was thinking the same thing. Since the purse was still wet when it was out of the bag, I can only imagine how wet inside the shopping bag must now have been.
It sounds like there were circumstances that lead the staff to believe you were stealing, so they attempted to take appropriet actions. It's difficult for an employee to just let someone continue if customer says that they weren't trying to steal, because I'd be surprised if someone admitted that it's what they were trying to do, but rather they'd say that they were going to buy the items.
It sounds like there were circumstances that lead the staff to believe you were stealing, so they attempted to take appropriet actions. It's difficult for an employee to just let someone continue if customer says that they weren't trying to steal, because I'd be surprised if someone admitted that it's what they were trying to do, but rather they'd say that they were going to buy the items.
Posted by Josmo on 2013-02-10:
In our local Dillard's they have large reusable fabricy material bags that are used for carrying to-be-purchased items that you purchase at the register. Perhaps it was one of those?
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