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Old 01-21-2015, 12:38 PM
 
Location: Honolulu/DMV Area/NYC
30,639 posts, read 18,235,725 times
Reputation: 34515

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Quote:
Originally Posted by Pitt Chick View Post
Yes. It IS so simple.
You agree to the practice when you get your membership.

If you do not want to, don't become a member!
And, I repeat, things are far from being that simple and lean against what you're writing in most jurisdictions. You aren't necessarily beholden to such a contract like an indentured servant and can break the contract at will (Similarly, you can't voluntarily agree to be someone's slave in these United States and it's against public policy in most states for anti compete clauses to make low, unskilled former employees adhere to strict contract terms, regardless of whether there was an agreement; no, these aren't exactly perfect parallels but still go to show examples where contractual agreements must fall to public policy and other legal considerations.). As I mentioned before, the store's best legal remedy is to formally cancel your membership/contract and bar future entry into the store, NOT to falsely imprison you by unjustifiably preventing you from leaving. Note, if you're no longer a member and are shopping in the store after being banned, you can be arrested for trespass.

Last edited by prospectheightsresident; 01-21-2015 at 12:50 PM..
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Old 01-21-2015, 12:41 PM
 
Location: southwestern PA
22,592 posts, read 47,680,585 times
Reputation: 48281
Quote:
Originally Posted by prospectheightsresident View Post
As I mentioned before, the store's best legal remedy isn't to stop your departure (unless the store has more than just a fleeting hunch that you've stolen), but to formally cancel your membership/contract and bar future entry to the store, NOT to falsely imprison you by unjustifiably preventing you from leaving.
A bit dramatic, don't you think?
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Old 01-21-2015, 12:49 PM
 
Location: Honolulu/DMV Area/NYC
30,639 posts, read 18,235,725 times
Reputation: 34515
Quote:
Originally Posted by Pitt Chick View Post
A bit dramatic, don't you think?
The law doesn't think so
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Old 01-21-2015, 02:20 PM
 
Location: Austin, Texas
2,013 posts, read 1,429,748 times
Reputation: 4062
I'm just one of the boot licking sheeple that would rather show the receipt than spend twice as much time arguing about why I don't have to.

Talk about proving a pointless point! Sometimes I think some people aren't happy unless they are outraged about something and that just baffles the heck out of me.
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Old 11-26-2017, 02:51 PM
 
1 posts, read 454 times
Reputation: 10
I embarrass my family members when I refuse to be detained for a receipt check and walk on by. I feel like some people are like sheep or cattle and will just follow without really thinking. I pay for a membership, have to wait in line to pay for my stuff and find my own crappy box.
Then they expect me to waste more of my time being made to wait for a person to pretend to check my receipt and make me feel as if I might be stealing something? Bull! Just walk on by folks! They won't shoot you, I promise.
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Old 11-26-2017, 03:48 PM
 
Location: Portland, Oregon
10,990 posts, read 20,570,522 times
Reputation: 8261
They are appropriately embarrassed. If you don't like the merchant's practices don't shop there. I am sure they will be happy to refund your membership fee.
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Old 11-26-2017, 04:33 PM
 
1,950 posts, read 1,129,463 times
Reputation: 1381
Blows my mind that a person will agree to rules in a contract by joining the club but then be a low life by refusing to abide by what they agreed to. You don't like it, don't agree to join the club. There's plenty of other places that don't require you to agree to anything.
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Old 11-26-2017, 04:37 PM
 
1,950 posts, read 1,129,463 times
Reputation: 1381
Quote:
Originally Posted by prospectheightsresident View Post
And, I repeat, things are far from being that simple and lean against what you're writing in most jurisdictions. You aren't necessarily beholden to such a contract like an indentured servant and can break the contract at will (Similarly, you can't voluntarily agree to be someone's slave in these United States and it's against public policy in most states for anti compete clauses to make low, unskilled former employees adhere to strict contract terms, regardless of whether there was an agreement; no, these aren't exactly perfect parallels but still go to show examples where contractual agreements must fall to public policy and other legal considerations.). As I mentioned before, the store's best legal remedy is to formally cancel your membership/contract and bar future entry into the store, NOT to falsely imprison you by unjustifiably preventing you from leaving. Note, if you're no longer a member and are shopping in the store after being banned, you can be arrested for trespass.
As soon as you break any rule that you contractually agreed to while on their property, you are trespassing. So shopping there knowing that you will be refusing to abide by the agreement as you leave, is trespassing.

There's precedent for that if conditions apply to your use of property/land, and you don't abide by those conditions, you do not have legal rights to use the property/land.
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Old 11-26-2017, 04:52 PM
 
8,085 posts, read 5,251,365 times
Reputation: 22685
Quote:
Originally Posted by William Kreitman View Post
I embarrass my family members when I refuse to be detained for a receipt check and walk on by. I feel like some people are like sheep or cattle and will just follow without really thinking. I pay for a membership, have to wait in line to pay for my stuff and find my own crappy box.
Then they expect me to waste more of my time being made to wait for a person to pretend to check my receipt and make me feel as if I might be stealing something? Bull! Just walk on by folks! They won't shoot you, I promise.
Wow such a rebel

Anyway, 2015.
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Old 11-26-2017, 05:43 PM
 
Location: Upstate NY 🇺🇸
36,754 posts, read 14,831,521 times
Reputation: 35584
I'm certainly not in the "sheeple" league, but I can't wait to volunteer to show my receipt to the door clerk at Walmart--where I don't even have to, even if stopped.

I don't have a Sam's membership , but do plenty of shopping at Walmart. Large packages of toweling, TP, etc., don't fit in bags, so I put them in the cart. I've never waited to be stopped; I hold out the receipt as I approach and, usually, I'm waived on, probably because they saw me checking out.

I'm sure it's uncomfortable for these employees. I'm aware of that, too, whenever I purchase wallets or handbags. I unzip everything and open all compartments.

Give these salespeople a break!
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