The last thing you want to hear while exiting a retailer is the familiar beep of the store anti-theft system. If you’re at a large retailer, you will likely be approached immediately by a greeter to check your receipt. But do you have to comply? We’ve got both the legal and practical answers you’re looking for.
Is it Legal for Walmart to Check Receipts at the Door?
The short answer is no. At most retailers like Walmart, an employee can’t force you to show them your receipt or allow them to search your bag. And make no mistake: when a greeter is asking to check your receipt, he is actually asking for permission to search your bags or seize your person.
It’s not always a great idea to do something even though you have the right. In certain circumstances, store employees are justified in holding you until the police arrive. Known as the Shopkeeper’s Privilege, the store employee can stop you from leaving if they believe that you shoplifted. What’s more, you could be barred from the premises or lose your membership card if you fail to comply.
Despite that, it is worth knowing your rights in these situations. While there’s nothing stopping a door greeter from asking you to comply, your rights could be violated if they try and forcibly keep you from leaving.
Shopkeeper’s Privilege Explained
While the Shopkeeper’s Privilege gives the store the right to detain suspected shoplifters, it can’t be used with impunity. If the store employee doesn’t have any reason to believe you were shoplifting, it is illegal to restrain you.
The Shopkeeper’s privilege can only be used by a store employee, and it must be done on store grounds. Additionally, you can only be held using the Shopkeeper’s Privilege for a reasonable amount of time. This generally means until the police arrive.
In order to hold you, the employee must have probable cause to believe you are a shoplifter. This suspicion must be supported by specific facts. This could be anything from the employee witnessing you pocketing merchandise without paying and then leaving the store.
The risk of the Shopkeeper’s Privilege is that if an employee stops you without probable cause that you have shoplifted, they may be committing the crime of false imprisonment. And if door greet is randomly stopping you to check your receipt, they won’t have the probable cause necessary for the Shopkeeper’s Privilege. It is within your right to tell them no and go about your business. But is that in your best interest?
Is it Wal-Mart Policy to Check Your Receipt?
Yes, Wal-Mart has said that their policy is to check every receipt when possible. Of course, if you have ever been to Wal-Mart the chances are good that you left without anyone asking for a copy of your receipt. No matter what Wal-Mart officials say their formal policy is, in practice it is fairly uncommon for greeters to check receipts.
In most stores, greeters have the leeway to decide when to ask for a receipt or not. Often, they will only do so for big-ticket items like televisions or electronics. How often this occurs in a Wal-Mart store will largely depend on the attitude of the person tasked with checking those receipts. No matter how often they ask for receipts, greeters are prohibited from going any further than this request unless they have reason to believe a theft has occurred.
Other Consequences You Might Face
If you refuse to show your receipt, there is always the possibility that an untrained Walmart receipt checker tries to detain you anyway. And unless you are spoiling for a fight with some of the world’s largest retailers, the odds are good it won’t be worth your time. But there are other consequences you could face other than being falsely imprisoned, and there is little you can do about them.
First and foremost, stores like Walmart are private property. Sure, you have a right to refuse to show your receipt. But the store has the right to ban you from the premises. What’s more, some retailers like Costco require their cardmembers to comply with receipt checks as a part of the cardmember agreement. Does this mean you’ve waived your legal protection against false imprisonment? No. But if you don’t comply with their rules, you can expect to lose your Costco membership. Also remember: the police could always follow up after you leave. While unlikely, the police can charge you later if they decide a crime occurred. Clearing things up on the front end may work in your favor.
Should you show your receipt?
Still wondering “do I have to show my receipt at Walmart?” It’s probably a good idea. Whether you paid for your items with cash or a gift card, the potential hassle of complying with a door greeter’s request probably won’t outweigh the hassle of refusing. Sure, you have the right to refuse. But in most cases, flashing your receipt takes a matter of seconds.
