Same thing happened to me and my wife. We had a couple hundred dollars in groceries and were forced through self checkout due to lack of full service lines being open.
a half dozen items were missed or didn't scan do to the poor set up, the lone cashier noticed and instead of helping contacted their minimum wage security guard who stopped us on the way out of the store. I thought it was a joke. This guy was dressed in stained, grubby clothing, not a uniform. So I kept walking.
He pulls my cart with force to the side. Accuses me of larceny and starts barking orders. I, being a NY State Officer, hit him with my badge and demand his ID. He produces some faded security ID from some fly by night security certification company, no Peace Officer status whatsoever.
I knew I should have just left at that point, but not wanting to commit any possible larceny agree to let him check our stuff and I will make good on the mistake. He checks, finds half a dozen things totaling $36 not scanned, I figure no big deal, pull out my credit card, but nope. Mr Security decides to flex his muscles and go forward with "the case". Laughing I said we have a cart full of items, paid for 90% of them, do you really think we would risk a larceny charge with our 5yr old present, risk my career over $36?
He said he sees it all the time. I counter that and say, you see mistakes, not crimes. I then point out he has no proof of intent for a charge or RCTB because there was no intent evidenced by the fact that the majority of stuff was scanned and paid for. Mr Security is shaking in his boots, pulls me to his "office", also known as a closet with a computer and surveillance equipment, calls his manager and shows me the video of my wife scanning items.
Out of nowhere he yells, " there did you see it". The manager and I look on baffled and he explains the item didn't scan. He then says that's the first mistake. I laughed, and said, "mistake, guy, mistake, not intent".
At this point my wife is irrate because he is scaring my 5yr old. Mr Security " understands though", right, so he is going to keep it in house and Walmart is going to "demand" a civil penalty. We do the paperwork, again wanting to cooperate and not have to beat the snot out of Mr Security to "escape" his "custody". Now here we are 2 months later receiving demand letters from some parasite attorney named Michael IRA Asen "Attorney at Law".
They are demanding $176 as a Civil Penalty under NY General Obligations Law. Well, I have news for Walmart and " Attorney at Law" Asen, we aren't paying. As a matter of fact if I receive one more notice I am going to risk the $176 and file a claim of harassment and such against Walmart and anyone representing them. My wife was never trained to operate their registers.
She intended on doing so in good faith, but made a mistake. What's more is the store employees knew mistakes were occurring but rather than help, turned it into a criminal case.
Why would they do that, unless they were trained to do so in order to make additional money for Walmart through these civil penalties. Welcome to my world Walmart, I am gonna take you through the coals...
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