Walmart’s ‘Receipt Check’ Bad for Customer Relations

The common law of ‘Shopkeeper’s Privilege,’ is set out in NRS 205.220 and NRS 205.240 and allows retailers to detain suspected shoplifters. The detainment must occur on store property and the merchant can only hold the suspect for a reasonable amount of time, i.e., until the police arrive.

It is ‘Shopkeeper’s Privilege,’ on which Walmart’s ‘receipt check’ policy’s based. However, the law applies only to suspected shoplifters, so the merchant must have probable cause that the customer has shoplifted.

What does probable cause look like in Nevada?

1.  You must see the shoplifter approach your merchandise.
2.  You must see the shoplifter select your merchandise.
3.  You must see the shoplifter hide your merchandise.
4.  You must maintain continuous observation of the shoplifter.
5.  You must see the shoplifter fail to pay for the merchandise.
6.  You must approach the shoplifter outside of the store but on store grounds.

Receipt checks are voluntary and should the customer refuse, they may leave the store with their lawfully purchased items. However, if a person declines a receipt check and an employee detains them or in any way prevents them from leaving the store, the retailer can be held liable for false imprisonment. False imprisonment is the illegal confinement of an individual against his or her will and is both a civil violation and a crime.

Some ‘membership only’ stores like Sam’s Club and Costco list receipt checks as a condition of membership within its membership agreement. Refusing to show your receipt at a club store could be terms for membership termination.

Walmart is not a ‘membership only’ retailer.