Legal Question in Consumer Law in Georgia
Falsely accused of concealing merchandise
Store personnel accused me and 3 other members of my family after having called police. We were approached by police as we sat by the fitting room. Store personnel told police they had no proof but felt like we were concealing merchandise. We volunteered to be searched and they would not check anything. The personnel proceeded to accuse and humiliate us in front of customers and most importantly our children. Personnel proceeded to follow us out to our car being very ugly and obnoxious. The police asked her to go back into store and then explained that the situation was indeed handled wrong by the store. What do we need to do to fight this situation and get answers?
3 Answers from Attorneys
Re: Falsely accused of concealing merchandise
I am not sure what "situation" needs "fighting?" Were you charged? If not, it seems there is nothing to fight. With respect to getting answers, you can certainly call the manager or check the website for upper management and send a complaint. Most likely, it was simply one employee who was overzealous, if not completely wrong and rude. Perhaps you'll get an explanation. If, however, by "fighting" and "getting answers" you really mean you want money, keep in mind that stores have some latitude in stopping theft and one of the appropriate things they do is call the police. Beyond that, you'll have to discuss all details of the incident with a lawyer to see if one will deem it worth it.
Re: Falsely accused of concealing merchandise
Even though it seems that you were not actually arrested, you should consult with an attorney to see if there is any case.
Re: Falsely accused of concealing merchandise
The store has to act reasonable if it believes a customer has shoplifted merchandise. From the information you supplied, the employees may have exceeded its rights. I have handled these cases in Georgia before and still have a practice in the state. If you want to arrange a consultation, please contact me by telephone or e-mail. You should start the process immediately so tapes and other store evidence are not destroyed.
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