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Retailers Deploy Databases Against Customers

A couple of people submitted this piece about retailers using databases to crack down on sub-optimal customers, such as those who return too many purchases to the store. Also has a few tidbits about other database blacklists that are available to companies. Customers avoid intrusive practices; although this story was written by the Washington Post and I have the URL to the original story available, I declined to link to washingtonpost.com because of their intrusive registration.

55 of 601 comments (clear)

  1. Easy solution by Anonymous Coward · · Score: 5, Insightful

    Pay with cash.

    1. Re:Easy solution by adriantam · · Score: 5, Funny

      How about shop-lifting?

      --
      http://www.ieaa.org/~adrian/
    2. Re:Easy solution by Zorilla · · Score: 5, Funny

      Another advantage being that the penalty is less than it is for copyright infringement.

      --

      It would be cool if it didn't suck.
    3. Re:Easy solution by phatsharpie · · Score: 3, Informative
      From the article


      Retailers like the Limited are fighting back. Sometime in the spring, consumers and Express workers say, the store began replacing the placards denoting its return policy with new signs saying the company uses an "industrywide" system to authorize returns and that "under certain circumstances we reserve the right to deny returns."


      The store did not back off of its own stated return policy.

      Better solution, take your business elsewhere.

      -B
    4. Re:Easy solution by Trekologer · · Score: 4, Interesting

      No. Pay with a credit card.

      All credit card companies offer cardholder protections, including refunding your money if you have a problem with the merchant.

      Clearly, denying you a return because you were flagged by a computer database is an abuse of their return policy.

      Simply dispute the charge because the store refused to take back the merchandise. You'll get your money back, the store will get a fee for having the purchase charged back, and you'll probablly end up keeping the merchandise (unless your credit card issuer wants it).

    5. Re:Easy solution by Dr.+Zed · · Score: 3, Insightful
      Clearly, denying you a return because you were flagged by a computer database is an abuse of their return policy.

      It is not that clear. This sort of information isn't generally used against people who are following the return policy (e.g. have a receipt, return within time period allowed). This type of info is used against people who habitually return items without a receipt. They might be willing to take you at your word once or twice, but if you make a habit of returning questionable stuff on a regular basis, they will stop bending their rules for you.

      There are a lot of people who know that if they make a fuss at a return counter, they can generally get a store to give them money for just about anything and use that to return old stuff just to get new replacements for free. In the end, this kind of abuse is reflected in the prices stores charge.

    6. Re:Easy solution by djmurdoch · · Score: 5, Funny

      Well, I've never been asked for an ID when making a return, so... I don't know what to say. Maybe people just trust me?

      Sure, that's great. By returning things as an Anonymous Coward you miss out on any chances of earning karma for a good return.

    7. Re:Easy solution by brianosaurus · · Score: 3, Insightful


      Wh-wh-wh-what?

      Are you saying that ACTUAL STEALING carries less penalty than some sort of nebulous pseudo-theft of "intellectual property"?

      That actual criminals get off easier than high-school kids trying to find new music?

      --
      blog
    8. Re:Easy solution by brianosaurus · · Score: 4, Insightful

      At least we know where our "morals" stand.

      Then again, how can a country that "has to" imprison more of its population than any other in the world have any sort of moral leg to stand on? America might become the best place to do business, but is it really worth it if America is not the best place to live?

      Which is more important?

      --
      blog
  2. Related link by A+Boy+and+His+Blob · · Score: 5, Informative

    Best Buy has been accused of doing this.

    1. Re:Related link by Anonymous Coward · · Score: 5, Insightful

      I'm more annoyed by Best Buy lumping in 'People who only shop during a sale' with 'fraudsters and scammers trying to rip off the company.'

      And that's even before getting into their 'non-repair and replacement plans.'

    2. Re:Related link by Bendy+Chief · · Score: 3, Informative

      'Fraudsters and scammers trying to rip off [a] company'?

      That's heee-larious. You see, up until late October, I worked for a major phone tech support outsourcer. My contract was for a big home PC maker.

      Anyway, the poor guy who phoned me had bought the "Open Box Special" from Best Buy, wherein the (incomplete) tower was still in the battered box, but everything else, including 17" TFT monitor, was missing. Best Buy gave this "deal" to him for a few hundred bucks, and then said "Phone Company X, their warranty covers hardware replacement! They'll give you $700 or so worth of stuff!"

      Long story short, Best Buy fucking sucks.

    3. Re:Related link by Skater · · Score: 4, Insightful

      I sent a nasty e-mail to Best Buy Friday after I visited a store. They completely ignored me for the half hour I spent walking around the audio department (and they were NOT busy - it was Friday morning right after they opened), but when I finally bought something they had no problem stopping me at the door to check my receipt. As I summed it up in the e-mail, "Before the sale: totally ignore me; After the sale: treat me like a criminal".

      The response I got said they'd share my comments with that store's management.

      --RJ

  3. The FCRA should be expanded. by Ph33r+th3+g(O)at · · Score: 5, Insightful

    Any such database, whether internal or not, is a de facto consumer reporting system and should be subject to the same requirements of disclosure, the same rebuttal process, and the same government oversight as credit bureau reports.

    --
    I too have felt the cold finger of injustice.
    1. Re:The FCRA should be expanded. by Anonymous Coward · · Score: 3, Insightful

      In case you didn't notice, google is open to the public. You can search the database just as easily as the employer can.

      The problem with these databases is that you can be denied goods or services based from multiple stores on a shared database that you can't verify for accuracy or correct if it is inaccurate.

      This is why there are laws governing credit bureaus.

  4. Reminds me of Seinfeld by Zorilla · · Score: 5, Funny

    Cashier: I'm sorry, Mr. Constanza, you can't return this book.
    George: Why not?
    Cashier: It's been flagged. It's been in the bathroom.

    --

    It would be cool if it didn't suck.
    1. Re:Reminds me of Seinfeld by Chris+Siegler · · Score: 4, Funny

      I actually thought you were going to say

      Jerry: "Excuse me I'd like to return this jacket."

      Teller: "Certainly. May I ask why?"

      Jerry: "........For spite..."

      Teller: "Spite?"

      Jerry: "That's right. I don't care for the salesman that sold it to me."

      Teller: "I don't think you can return an item for spite."

      Jerry: "What do you mean?"

      Teller: "Well if there was some problem with the garment. If it were unsatisfactory in some way,then we could do it for you, but I'm afraid spite doesn't fit into any of our conditions for a refund"

      Jerry: "That's ridiculous, I want to return it. What's the difference what the reason is."

      Teller: "Let me speak with the manager...excuse me .............Bob!"

      (walks over to the manager and whispers)

      Teller "........spite....."(Manager walks over)

      Bob: "What seems to be the problem?"

      Jerry : "Well I want to return this jacket and she asked me why and I said for spite and now she won't take it back."

      Bob: "That's true. You can't return an item based purely on spite."

      Jerry:. "Well So fine then ..then I don't want it and then that's why I'm returning it"

      Bob: "Well you already said spite so......"

      Jerry: "But I changed my mind.."

      Bob: "No...you said spite...Too late."

  5. Worked retail before and this isn't new by jsimon12 · · Score: 4, Insightful

    This really isn't new, it has been done at the store level forever. When I worked retail many years ago we would finger people who returned stuff excessively and deny them any further returns. So the only really new thing is the fact that it is automated, though I am sure the managers of a store have some level of override for this (THEY ALWAYS DO).

    And remember if you don't like it, DON'T shop there. Voting with your dollar is the best way to tell a retailer you don't like something. So don't shop there and pen a letter to their corporate office telling them so. Don't yell at the local people, they have no control, don't email it is meaningless. Simply don't shop there and WRITE a snailmail letter to their corporate office.

    1. Re:Worked retail before and this isn't new by Anonymous Coward · · Score: 3, Insightful

      if you don't like it, DON'T shop there

      The funny part being that's exactly what the store want you to do.

  6. Dont favor the customer, they wont favor you by MakoStorm · · Score: 4, Insightful

    There will always be people who abuse policies. But, if you make it hard to do business with someone, they will stop doing business with you.

    In this story, if the woman spent 2,000 bucks a year on cloths, say she returned 500 bucks worth in the same year, then the store is making 1500 from her. Now, since she has a bad feeling, and doesn't like to shop there anymore, she might only spend, 200-400 a year there, or maybe no money at all. So now instead of making 1500 a year on her they make much less. The returns she brought back could be resold anyway, so the business is not taking a loss.

    There are two things; first they want people to buy on impulse, (such as clothing) and they must realize impulse will fade away sometimes. Returns are to be expected.

    Another point is that returns are apart of business. They just are, and they must be ready for them. If someone conducts a lot of business with them, they will probably have more returns then a casual customer who only buys once in a while.

    -anyhow, bad Juju,

    1. Re:Dont favor the customer, they wont favor you by commo1 · · Score: 5, Interesting

      They're not making $1500. Now, in the clothing, margins are quite high, I agree, but let's say they're making $1200 gross. If the merchandise is returned, they restock and sell. After their overhead kicks in (returning stock is VERY expensive, except in some circumstances, as in same-day returns) they're lucky to hit $600-$700 IF they sell all the merchanise. It also messes up the numbers for the day, week, month, quarter, etc... And it's usually the local store that gets the blame for this, not head office checking in. After running a PC parts store for a few years, I got totally fed up with people thinking I was making a killing off stock. I buy an HD for $80, sell it for $105-$110. Some guy returns the thing a week later. By the time the week rolls by, it has depreciated by $10.00. Also, the next customer coming in to buy the think complains it's used. Out the door for $75.00. If it breaks within the warranty period, I've just lost about $50.00 or more, because the customer with the dead HD gets a replacement on the spot or next day. Even though the HD has depreciated in a year to costing $60, I've got to come up with the funds out of cash flow. Part of this problem is the internet and eBay deluding people into thinking that they can buy equipment and supplies at prices lower then we can buy them at wholesale. I had one guy tell another customer that the copy of MS Office 200 Pro I was selling for $325 was a rip-off, that I was making $250 on it, becuase he can get it online for $50.00. I was making $30.00 on the software, and that was because it was already in stock and I was paying no shipping to get it here. The end result is that we have to pick and choose our customers carefully. There were some customers who got blacklisted locally: I would call 2-3 other stores around and tell them the latest story about him before he got to them after trying to wrangle a deal out of me, and they would do the same for me. He caught on and got very angry. One time this particular guy swore he was going to get the police involved. I dialed the number for him and handed him the phone.

  7. player piano by Siniset · · Score: 3, Informative

    those of you who like science fiction, kurt vonnegut or are worried about these types of situations should read PLAYER PIANO by kurt vonnegut. It was written in 1952 (!) i think, and is about computers making decisions about which jobs are important, and which jobs are unnecessary. Yeah, it's a worst case scenario, but computers and databases are just going to become more and more prevelant in our lives.

  8. Good! by RylandDotNet · · Score: 5, Informative

    I think a lot of retail sales workers will cheer for this. I used to work in retail (admittedly a long time ago) at Radio Shack, and I can't count the number of times people borrowed TVs and speakers. Superbowl time was the worst, people would buy a TV to watch the game and then return it a couple of days later. They didn't even have the decency to lie about it, either, they admitted that they only wanted it long enough to watch the game, but Radio Shack policy was to take it back, no questions asked.

    1. Re:Good! by mrsev · · Score: 4, Informative

      Coming form europe I find this all a little puzzling. I mean IF a store says you can return items no questions asked then fine and they must accept. If they say they garantee satisfaction and givce money back then fine. If they dont then they dont. It is not usual for stores in europe to offer this. In most places over here if I buy a 82cm TV and then try and return it 2 weeks later they will ask me if it is defective. If it is not then they will tell me that it is not their problem any more.

      Basicaly the stores cant have it both ways. If your policy is "no questions asked" then "no questions asked" it must be.

      On the other side of the coin the EU has rules that there must be a 2 year warranty. This saved me many times , for example, when my wife had a Palm Tungsten E bust after 3 months. Any US customers were shafted with a 90 day warranty. For me it was replaced and the warranty is still good for another 18 months.

    2. Re:Good! by Richard_at_work · · Score: 4, Informative
      Ive never come across this 'EU rule' that says there must be a 2 year warranty. Infact, Id be very surprised, since most things Ive purchased in the EU has only come with a 1 year manufacturers warrenty.

      That said, in the UK you are extremely well protected. Forget warranties, quote the Sale Of Goods Act 1979. Just a few protections given under that act:
      • Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
      • It is the seller, not the manufacturer, who is responsible if goods do not conform to contract. This covers the "go speak to the manufacturer" copout that many retailers give you
      • For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement). Protection for 6 years under this act. Better than a warranty IMHO.
      linky This act covers inherent faults, EG your new DVD player not lasting a reasonable period of time (5 years?), or your PC developing a hardware fault 18 months down the line. It does not cover changing your mind or wearing out of goods.
  9. Re:NYT by belmolis · · Score: 4, Informative

    Actually, the NYT provides a way of linking directly to stories so that readers of blogs and the like can bypass the registration system. You go to this page and enter the URL of the story you want to link to. When you click "Go", it returns a link to the NYT archives that bypasses registration.

  10. Poor, dumbass customers by Anonymous Coward · · Score: 4, Interesting

    I'd be curious to know how difficult it would be for a clerk to flag a customer as 'bad' after having received customer flak.

    Having worked retail, I know I'd be tempted.

  11. One side by augustz · · Score: 3, Interesting

    Was struck that the systems might be pretty simplistic in nature.

    I could think of a few things to add:

    Time since purchase (if only a day less likely to have been 'wardrobed'), returns relative to total purchases, quantity of total purchase made and not returned per customer etc.

    Local variance on return policies is of course not possible, as this opens the store to charges of various types of bias.

    I for example shop at Amazon a lot, even if their prices are higher. Why? Because I am happy and comfortable with their return policy among other things. Looking at my order history I notice I have been going their for seven years now, and my purchasing power has probably increased over that time.

    A shame to lose long term / loyal customers.

    That said, I had a friend who worked at a name brand clothing store, and people flat out do steal and return items. Or simply steal. That would drive me nuts.

  12. Oh boy... by the+arbiter · · Score: 5, Insightful

    Alright, here goes my karma...

    All I can say is "it's about time". Having worked in retail a goodly portion of my life (thankfully not any more) all I can say on reading this is that a system like this is really overdue.

    It's a small percentage of customers (my best guess, based on my experience, is about 2-3%) that abuse return privileges and monopolize the time of salespeople, but the percentage that does costs so much money and time that it's unbelievable...far more than the store would ever make in profit from these folks over a lifetime of shopping. To look at it another way, these groups of problem customers drive up costs just as much as shoplifters do (and in fact any retail business loses far more money to customers like the one cited in the article than they ever would from shoplifting).

    Customers have available to them, and rightfully use, systems to find the best deals for themselves. It doesn't strike me as being a problem that retailers finally have some of the same tools available to them. And they should use them as well.

    --
    Boycott everything - they're all trying to fuck you one way or another
  13. Story to read by ManyLostPackets · · Score: 3, Informative

    Heres the story:
    get a userid and password:

    Lastone i tried that worked was:
    Userid: sad@day.com
    Password: sadday

  14. Copy protected CDs by Zorilla · · Score: 4, Insightful

    This reminds me of some of the discussions around here about copy protected CDs that don't play being returned as defective merchandise ad nauseum until the store agrees to let you buy something else with the store credit.

    This rules out fighting CD copy protection at least in this manner.

    --

    It would be cool if it didn't suck.
    1. Re:Copy protected CDs by the+pickle · · Score: 3, Informative

      Maybe it does, maybe it doesn't.

      Pay with a credit card and if the store refuses the return, you're still stuck with defective merchandise, regardless of what the store thinks about the legitimacy of your return. Just call the credit card company and tell them that you attempted to return the CD and that the store refused to accept it. That's grounds for getting your credit card credited, anyway. Enough chargebacks against that merchant and they'll quit this silly practise. (Of course, we don't know whether Best Buy/Circuit City/Fry's/FYE/whoever is doing this right now, either.)

      Not that I really think enough people are doing the CD thing for it to matter anyway...

      p

  15. Mod parent up by Infonaut · · Score: 3, Insightful
    This is Business 101, as MakoStorm points out clearly. These guys are just shooting themselves in the foot.

    --
    Read the EFF's Fair Use FAQ
  16. Something America WONT bring to the UK by norfolkboy · · Score: 5, Informative

    Thankfully the UK's "Data Protection Act" will prevent this coming here :-)

    info on data protection act: http://www.informationcommissioner.gov.uk/

  17. Business database by consumers? by farmer11 · · Score: 3, Funny

    Do we (consumers) need to start a database to somehow screw businesses now too?

  18. Original Article Link, No Reg Required by the+pickle · · Score: 4, Informative

    This should work without any registration:

    Some Shoppers Find Fewer Happy Returns

    p

  19. Blacklist those who blacklist? by Knetzar · · Score: 4, Interesting

    So who's going to create a blacklist of those companies that use this service?

  20. Re:So... what are stores going to do? by wibs · · Score: 4, Interesting

    Agreed. It's like checking credit card IDs in retail - the credit card companies have the idea that if the card doesn't match the ID, the guy at the counter is supposed to confiscate the card. Sorry, but I can't think of anyone willing to get into a fistfight with a customer over their minimum wage retail cashiering job.

    That said, I don't think a consumer blacklist is really that bad of an idea, provided it wasn't abused (big caveat, I know). There are people who complain about everything. They're the ones who say their food is too cold so they can get a free meal, bend a bookcover and then point it out to get a discount on a book, say a customer service rep was too slow so they get a free consultation... whatever. These people exist, and I've had to deal with them. Quite frankly, they aren't worth the time and effort I've had to put into them, and I wish I had a way of saying nope, I'm sorry, but you have a long history of being a jackass and I'm not going to help you.

    That's just a fantasy of mine, though... I can't think of any good way to regulate or maintain a list like this. I'm sure that smarter people than I are trying to figure it out, but they haven't seemed to either (not yet, anyway).

    --
    If you get nervous, just remember that there are a few billion other people who don't really give a damn.
  21. Totally Torn on this one by UserChrisCanter4 · · Score: 4, Interesting

    I don't know; there are just so many benefits and negatives on each side of this situation. This entire setup really is just like applying for a loan. The stores are building a home-grown "credit"-reporting system, and analyzing your risk as a financial investment. Not making an exchange is akin to throwing down a 14% interest rate on a mortgage: you still have the right to accept such a rate, and the bank has a chance to retain profitability. Not accepting an exchange is certainly not the optimal way I would choose to go about such a decision, but I suppose it's the best one in the situation posed by a clothing retailer.

    On the one hand, it does make for some nasty situations. The woman in the article may not realize it, but even with the $2,000 a year she spends, she may be far less profitable than a person who spends $200 on a single splurge purchase once. Ultimately, that leads to higher prices for all of us, and retailers are trying to go in an entirely opposite direction. The benefits of streamlining and smoothing out everything from supply side to process to (unfortunately) wages means that things are, on a whole, a lot less expensive than I remember even 10 years ago. Having worked in retail, I've seen some of the absolutely nightmarish return scenarios that people don't seem to think twice about: big-screens returned the day after the Superbowl or big-screens that people pretty obviously ruined while trying to save the delivery charge, people "checking out" cameras and camcorders for the length of the exchange period, etc. It comes back on the next guy in the form of higher prices, and it comes back on the employee in the form of smaller profits which equal less pay/less employees.

    Of course, the system's also primed for abuse. Best Buy was mentioned in the last such article, and although they explicitly said that they didn't plan on implementing blocks or any actions against "less desirable" customers, there's nothing to stop the next guy down the street from refusing the customer who only buys the loss-leader rebated items (and nothing to stop BBY from changing this policy further down the road).

    For the vast majority of us who don't play such games, it means a better deal, for the most part. As other posters have mentioned, though, such lists probably should be subject to the guidelines of the Fair Credit Reporting Act, and store employees should always be given the option to override such list systems for returns.

    Ultimately, though, this falls into the same category as razor-blade-business-model printers and shortened warranties on products; the free market model assumes a buyer who is educated on the product (and I suppose a buyer who isn't looking to scam the store on said product), and that is a model that is contrary to the average consumer in the real world. How different is such a list, really, from a credit report or insurance analysis? Systems such as these are a way for businesses to compete effevctively in a tighter marketplace. No company has a right to a profit, but they do have a right (within the limits of the law) to implement policies and systems that give them the best chance to earn a profit. Conversely, the consumer has a right to choose a company with a totally different system. While you can certainly argue that the profits go straight to the major shareholders and CEO (and I won't dispute it), they do also make it to the customer in the form of cheaper (in both senses of that word, unfortunately) goods.

    In short, I'm not a fan of the system, but I do recognize its usefulness as well as the fact that people who do tend to abuse the system can always shop elsewhere (or straighten up).

  22. Well by sulli · · Score: 3, Insightful

    Obviously the answer here is not to be a jerk who buys tons of clothes and then returns them. Why not, ya know, TRY THE FUCKING THINGS ON before buying? Or is it more fun just to spend $2000 at Express and then see what fits and what makes you look like an idiot?

    --

    sulli
    RTFJ.
  23. Insurance companies use blacklists too by Wansu · · Score: 4, Informative


    People have had their homeowner's coverage dropped for making small claims and for even asking whether something was covered. This has been going on for several years. In essence, this represents a stealth conversion of policies to catastrophic coverage only. You might as well raise your deductable to $5000.

    --
    Wansu, th' chinese sailor
  24. Aww... by Ikn · · Score: 3, Funny

    So no more returning cable modem and WAP boxes filled with rocks? Alright, back to the drawing board. Geek's gotta get himself through college...

    --
    I know nothing
  25. Monkey Warfare by Anonymous Coward · · Score: 4, Funny
    (Don't do this. Don't do this. Don't do this.)

    In case you've been wronged by a retailer don't do this:

    Leave an egg salad sandwich someplace that can only be traced by smell.

    If they sell electronics find a dvd player that's powering a big screen tv. Make your own dvd with about 30 minutes of landscapes followed by a snuff film. Insert disk and leave. This works well for boomboxes and car audio sections too, just have 30 minutes of silence followed by an audio grab from the Spice channel.

    Spread pro-union leaflets around the store.

    Say the store has three widgets on the shelf and you know it's the kind of place that doesn't keep inventory in the back just move the three items, ask the sales drones you want one and make them play "hide and seek".

    Wear a flashing IR LED while shopping. Invisible to the naked eye but will freak out security when they see it on their monitors. If they hassle you tell them it's for nighttime hiking and you forgot it was on.

    Be creative!

    1. Re:Monkey Warfare by pherris · · Score: 3, Interesting
      Leave an egg salad sandwich someplace that can only be traced by smell.

      I once worked at a large office where it was suspected a former employee placed about a dozen eggs in different places in the duct work. It seems after sitting there for a few days they finally cracked and release their nasty payload. The smell got into everything. They had an outside company come in, scrub down every inch of duct work and clean the chairs, carpet, couches, etc.

      We also had a problem with employees dropping straightened out paper clips into the vents of monitors. Fire up the monitor and you got a loud bang with a little smoke. I was one of the guys who had to swap them out so it wasn't much fun for me.

      The bigger question is why. Did they really hate the company that badly? Is this their only voice?

      --
      "And a voice was screaming: 'Holy Jesus! What are these goddamn animals?'" - HST
  26. Worst returns ever by Anonymous Coward · · Score: 3, Funny

    A friend of mine manages a Home Depot - every year - I kid you not - they get christmas trees returned in January.

  27. Re:Customers need warning... by blether · · Score: 4, Insightful

    Companies should be able to participate in any legal activity they want to

    Obviously. And they can. And they do. Until we decide that companies have an unfair advantage and then we make the activity illegal.

    The fact that's it's legal at the moment is irrelevant to the argument about whether it's a good thing.

  28. If the government was going this by HangingChad · · Score: 3, Interesting
    People would have a shit fit if the government was assembling a detailed dossier on every American citizen. But when the government buys the data from private companies doing the same thing and aggregates it, no one has a problem with that.

    The real concern isn't this little system or that little system, it's the accumulated weight of information contained in all of them. Zero regulation about who collects it, how long and what it's used for.

    "Well now, Mr. Anderson, I see here you returned a pair of size 38 pants this week. Two years ago you returned a pair of size 32 pants. We have a certain image to maintain at this organization and expect our employees to reflect that image, Porky- I mean Mr. Anderson."

    That may sound hokey, but I bet it's closer to the mark than most people would feel comfortable admitting. It's not the routine uses that scare me, it's the routine abuses. And those are getting worse.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  29. Re:That doesn't prevent them from declining a retu by anagama · · Score: 4, Interesting

    • The problem with all of this "declining" of returns is that it's in direct violation of the UCC as it's been enacted in most states- simply put, if a purchased Item doesn't meet the intended purpose for any reason that isn't disclaimed at the time of purchase, the retailer is obligated by law to accept it back for a refund for a reasonable amount of time.

    I'm no expert on the UCC, but the concept you are talking about is commonly called the warranty of merchantability - i.e., if you sell something that claims to be an Xwidget - it will do the things Xwidgets do.

    The example in the article was of a woman who bought a shirt, took it home, discovered she had a similar shirt already, and decided to return it. In this example, there was apparently nothing about the shirt that caused it to fail to perform as a shirt normally would (e.g. ripped seams). In other words, the item did fulfill it's intended purpose - don't cloud the item's inherent purpose with the customer's subjective purposes (e.g., having no duplicate shirts). In other words, "Buyer's Remorse" does not call into question whether the purchased item performs as the item was intended to perform.

    Don't take this to mean I approve of stores doing this - I don't. I'm just a bit apprehensive about relying on the UCC to legislate against a long standing common law doctrine. By the same token, it isn't so interesting to me that I'd want to research it. Got a citation?

    --
    What changed under Obama? Nothing Good
  30. If that happens to me, I have an easy solution. by Talonius · · Score: 4, Funny

    I start screaming while I throw shit at the cashier and manager who can't do anything but listen to a fucking computer.

    God.

    When are people going to learn that policies and rules are not meant to be zero tolerant? The increasing computerization of our society means everyone of us is being pigeonholed into a specific, discrete category with no ability to escape that categorization. Instead, we're forced to "bear" these types of bullshit.

    And we, as a society, complain when we aren't allowed to have responsibility or power. Yes, they go hand in hand. We don't trust our teachers to make decisions regarding the promotion or demotion of a student, so we provide them with a hard rule that can't be bent. We don't trust our managers of our stores to ensure they're profitable so we make all the decisions for them, despite the fact that the local situation is better comprehended by a local manager who is competent.

    And in all of these situations where we don't allow decisions to be made we place individuals who are braindead and incapable of making those decisions when the systems break. What happens post Christmas when the return system breaks? Do you send everyone away, afraid that you might be letting someone get away with a $30 theft? To protect your $30.00 you're denying hundreds of legitimate customers their money?

    FUCK THAT.

    You can cart me out screaming and hollering and sue me for abuse. I'm getting tired of the system, and I intend to start fighting back. This is all bullshit. I'm no stranger to being tossed out from stores, or from screaming at the top of my lungs about what a dipshit someone is, so this is just another fucking cherry on the top of the sundae.

    --
    My reality check bounced.
  31. Re:I like the idea by bsartist · · Score: 5, Funny

    Depends on your definition of a "modal customer".

    A modal customer would be one who, when faced with a need to buy a particular item, pauses everything else until he buys it. By way of comparison, a non-modal customer is capable of multi tasking - background tasks aren't put on hold while he's shopping.

    --
    Lost: Sig, white with black letters. No collar. Reward if found!
  32. Now, THAT'S a first! by Anonymous Coward · · Score: 3, Funny

    ...although...I have the URL to the original story available, I declined to link to washingtonpost.com because of their intrusive registration.

    What's up Michael? Did they refuse to kick-back some ad revenue to ya or something?

  33. 3 days law by TyrranzzX · · Score: 4, Interesting

    Stores must take merchandise back within 3 business days if the customer believes it is flawed, and return payment. Perhaps she returned it in perfect condition, but the store won't give the money back because it feels she is taking advantage of them. If she returned the clothing with a complaint such as "hey, I payed $80 for this brand name clothing, and it isn't double stiched" or something to that degree, then she'd have an arguement.

    As for the "perfect" solution, I'v got an idea; Don't buy from retail chains that abuse you, and if you know they abuse other people, don't buy from them either. Perhaps the second best point I could make, would be consume less you consumerist pig!. We all have needs and wants, and in our society, those wants have gotten out of control due the mind control of advertising and schools. Yes, it takes some time for people to wise up to this, but if public schools hadn't coupled making us childish with making us smart, then mabye the advertising would've kicked in as hard and screwed with our grey mass as kids. I know I'm still dealing with that mindfuck, and I also know that if I ever find someone who's in marketing, I'm going to walk away from them without saying a word.

    "Hi, I'm grace, I work in the marketing department"

    *Ty walks away, without saying a word.*

    If anyone asks, it's because when I find people who do marketing I feel the almost insupressable urge to disembowel them with anything that's handy. They have been a part of destroying my life and identity to turn a profit. It's one thing if they ask "well, how's marketing bad?", it's different when they try to lie and be friends.

    With that said though, learn not to be tracked, and consuming less is as simple as using less for awhile and paying off all of your debt, then living within your means properly while keeping a saving account going for a rainy day or emergency. Learn not to be wasteful, that's the key.

  34. That's not discrimination by tylernt · · Score: 4, Informative

    Nope! That's *not* discrimination. You can discriminate all you want -- for example, only boys are allowed in Boy Scouts, which is completely legal even though it discriminates against the girls. In fact, the Boy Scouts went through a whole gay discrimination thing with the Supreme Court ultimately ruling that the Scouts can discriminate against gay men being leaders.

    There is a very short list of prohibited discriminations, and then only in certain situations (getting a loan for a house, getting Social Security, etc). But outside of those very narrow restrictions, you can discriminate whomever you darn well please.

    --
    DRM 'manages access' in the same way that a prison 'manages freedom'
    1. Re:That's not discrimination by Mycroft_VIII · · Score: 4, Insightful

      Actually it depends on how and why you are limiting your customer base. If you get an actual abusive customer (very rare, I'm not talking customers who simply won't accept poor service or products) that is costing you money every time they 'buy' somthing only to use it for what they need it for then return it under some specious claim then you HAVE to eventually stop doing bussiness with them.
      If a customer is costing you money you have to find out why and fix it. If it's because you have a crap product or service it is your fault and you should fix it, this accounts for 90%+ of such customers in my experience. Most of the remaining simply don't have the information needed to have a reasonable expectation and this is somthing the bussiness can correct as long as they explain things simply and RESPECTFULLY.
      The other 1% percent are the people trying to scam free stuff by making up bogus complaints. Those are the only 'customers' you look at banning. And even then you don't ban them at first, you start out being nice, accepting what they say on face value, even appoligizing when you KNOW it's thier screw up not yours. You'd be supprised how often many scammers loose the heart to scam you if you treat them well enough at first. In the end you may wind up with a few 'customers' you litterly can't afford to have if you wan't to stay in bussiness, these are the heartless scummbags and complete and utter idiots who simply cost you too much money no matter what, and if your treating everyone else right the good word of mouth will show up the complaints of the idiots and scammers who friends and family already know them well enough to ignore thier 'advice' anyway.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
  35. No Sympathy. by wrathcretin · · Score: 3, Insightful

    If Best Buy complains that people buy only loss leading items, how bout this for an idea? Don't sell them unconditionally at that price! The local pizza joint will sell you 2 small all dressed, a fry and a coke for less than if you bought them individually, so why won't Best Buy give you something like 15$ of a pack of DVD-R if you buy the burner instead of selling the DVD-R's so cheap?

    That, and we're consuming far too much. Nobody can resist a sale anymore, we all think we "need" the crap we buy and we honestly believe we're "saving" money by purchasing things on sale. Stores take advantage through advertising to you how bad you need to buy something as well as presenting their product in very favorable ways.
    Thats fine, its business, but they push it to the point of having mirrors that make you look thinner in that dress.

    So I can't really say I sympathize with the person who impulse buys stuff and realizes they don't need or want it, but I can't sympathize with a retailer who will sink to any depth to get you to buy it either.
    Besides, no retailer can in good faith refuse a first time customer based on the return rejection system they have, so everybody has a chance to learn before they screw up and keep buying solar powered flashlights and black hiliters.

    That, and if a product is returned just because its not wanted - big screen for the superbowl or clothes, charge a restocking fee! Radio Shack here in canada does. I think its printed on the bill, and i have no problem only getting 90% of my money back from radio shack if I'm going to put the store through the trouble of fucking around with receipts, new package, price tag, etc.
    (Especially when i buy a little odd or end that works and return the broken one in the same package.)

    Anyone who gets denied a refund based on that system probably deserves to be denied...if not the time they got denied, then from another time that would set the system off in the first place.

    Sure, I don't like having my information gathered, i generally deny to give a supermarket my postal code, even though its just to keep track of flyers, and i usually give the name George Bush and my address as being 1600 Pennsylvaia avenue when they do ask.

    I think we're all in agreement that we should vote with our wallets.