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Assault by Circuit City Store Director.... UPDATED 12/22 - going on the radio

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henryhank

Member

Date Posted: Dec/15/2004 9:28 AM

Everything considered, filing a police report and threatening a lawsuit is still credible enough to get CC to settle out of court.

jayK

Senior Member
5K

Date Posted: Dec/15/2004 9:29 AM

Tazznum1 said:

You were doing so good until you said 6 figures. So good...so close.

I forsee a 6 figure settlement: $10.0000, in gift card form.

Tazznum1

Shopaholic Member

Date Posted: Dec/15/2004 9:30 AM

jayK said:

Tazznum1 said:

You were doing so good until you said 6 figures. So good...so close.

I forsee a 6 figure settlement: $10.0000, in gift card form.

WOWSER! I apologize, you are correct.

psuJC

Senior Member

Date Posted: Dec/15/2004 9:41 AM

henryhank said:

Everything considered, filing a police report and threatening a lawsuit is still credible enough to get CC to settle out of court.

But that's not what we have here. The OP is threating to file a police report. CC will more than likely agree that's all on the manager and highly suggest pressing charges against the manager. Nothing will happen from pressing charges after the fact. CC will fire the manager. CC will send the OP a memo stating this, and a 10% off plasma tv coupon and that's all that will happen.

The OP isn't willing to make the tough decisions to press charges and sue. CC will walk right over him.

Message edited by: psuJC on 2004-12-15 09:42:30

undefined

Senior Member
1K

Date Posted: Dec/15/2004 9:51 AM

psuJC said:

Here's a couple thoughts:
1) I'd be surprised if the police take your report days after the assault. Reporting crime to the police as a last resort usually doesn't go over too well with the police, or the DA. If a crime is committed, you report it. If you choose not to pursue it down the road that's your option, but you have to file first. You don't get to do it the other way around. You've waited, so now you won't find anyone willing to prosecute this person so it's useless now, even if you want to press charges.

2) You keep saying you want everyone to keep in mind that CC is not to blame, it's the manager... yet you want Circuit City to handle it. You can't seem to seperate the two. Either CC is to blame and needs to fix it, or the manager is to blame and needs to be fixed by the police.

3) By bargining with CC you've blown any chance at suing them. All they have to do is write up a memo and they would have satisified your request.

You did everything right at the time of the event, and have done everything wrong since. If you really wanted something to come from this you should have called the police and sued the next day. Because you did neither they'll offer you a memo and a coupon and that's what you'll get, and there will be nothing you can do about it.

This stigma around suing is unjustified. Yes, there are lawsuits that are unjustified and many of them never even make it to trial. This is not one of those. Any suit you think you can win with a jury of your peers is a good lawsuit. This is the US. You have no options going up against corporations other than sit back and take it.. which is what will happen here.

I would like to respond to two of your three points.

2) Circuit City is reponsible for their employees actions, especially those in management. What I keep trying to explain is that this happened once, and does not justify blanket statements about every Circuit City in the country.

3) If you go back to the original post (and my comments in the other thread) you'll see I would prefer not to have to sue. If Circuit City can come up with an acceptable response without a lawsuit it saves a lot of time, money (for them and me), and hardship (time for me, public relations for them) for both parties. I don't know any executives at Circuit City, but I personally believe they would rather see this resolved quickly and without too much fanfare. There are a lot of people here reading this - a positive move on the part of CC management can earn goodwill as quickly as a negative mood can lose it.

Like I said, I'm not an attorney. In fact, at this point I bet the Circuit City attorneys (if they're reading this) are probably thinking something to the effect of "Is this guy stupid or what. We're going to kill him in court." My answer to that is very simple: If your senior management can fix this without us all going to court I think we all win. If not, a jury of my peers surrounds me on Fatwallet - I can only imagine what a similar selection would think of this in a courtroom.

MisterShiney

Thrifty Member

Date Posted: Dec/15/2004 10:06 AM

Welp, I think your case would have been much stronger if you had filed the police report immediately. If you felt assaulted, immediately filing a police report would be the right thing to do.

I'll feel for ya, and it sounds like CC is the suck, but I can't help but feel there's more going on here than your side of the story.

Retailnever

Senior Member

Date Posted: Dec/15/2004 10:11 AM

This story is too hott. "but for" trying to save >$100 of video games, CC's associates have made the entire company liable for assault, battery, false imprisonment, public humiliation, emotional distress, etc. Do not look a gift horse in the mouth. Call a lawyer! NOW. They do things like this because they arrogantly assume that they are going to get away with it. I bet that this is not the first time that this particular store has used physical force to strong arm a customer.

They crossed the line. Dang! #$@% Nothing this good ever happens to me!!! It always happens to folks who say, I don't want any money, I just want them to apologize!"

jayK

Senior Member
5K

Date Posted: Dec/15/2004 10:20 AM

OP will probably get a much better outcome by going to the court of public opinion (i.e. the media). Local news stations love this kind of stuff.

cougarls88

Senior Member

Date Posted: Dec/15/2004 10:25 AM

jayK said:

OP will probably get a much better outcome by going to the court of public opinion (i.e. the media). Local news stations love this kind of stuff.

Yeah, but wouldn't the part about the price mistake also come out (and the media spin about the retailer being "battered and beaten over a cheat")?

galawdawg

Senior Member
1K

Date Posted: Dec/15/2004 10:25 AM

undefined said:

Like I said, I'm not an attorney. In fact, at this point I bet the Circuit City attorneys (if they're reading this) are probably thinking something to the effect of "Is this guy stupid or what. We're going to kill him in court." My answer to that is very simple: If your senior management can fix this without us all going to court I think we all win. If not...I can only imagine what a similar selection would think of this in a courtroom.

And by the time you realize that you won't get satisfaction from CC and you actually retain an attorney, do you really think that any video surveillance evidence from the store will still exist? Most retailers recycle their tapes, some as often as every 24 hours. You didn't happen to get the names and addresses or phone numbers of the witnesses in the store did you?

If your case ever went to court, it would likely boil down to a swearing match between you and your wife and CC and its employees. You might not even survive a motion for summary judgment.

By failing to follow the advice of the attorney you have consulted, you may have permanently damaged any possiblity of resolving this in a manner that would satisfy you.

Message edited by: galawdawg on 2004-12-15 10:33:26

Hip2u77

Member

Date Posted: Dec/15/2004 10:27 AM

Ok, so let me get this straight. Everyone is saying sue because someone put their hand on someone and ripped a bag from their hand.

I agree with whoever said it first, the day the lady sued Mc'D's was the day this country started on a down hill slide. Everyone is sue happy. Sad

Someone commented that the guy was probably new since he didn't know to ring it up at the front.

So, who's to say the guy didn't just get the job after having managed a small store somewhere making no money, while attending night school for the last 2 years. Now he's finally got a job where he can pull himself out of debt and finally be able to give his kids cool items like. . . PS2 games.

Instead, one day a guy comes in and knowingly takes advantage of a price mistake

Date Posted: Dec/13/2004 12:53 PM
undefined said:

Dead in Westminster, CO. They know to fix the price

and being worried that since corporate sent out an email explaining the price mistake, (that he might of just got before the incident happened) he would lose his job and have to explain to his wife and kids why they're christmas is now going to suck because dad got fired for letting a guy leave the store.

Sure the guy over reacted and yes the story it's a little far fetched but anyone that's ever been in debt to the point that they know if they lose their current job they're screwed because they won't find another one that pays the same, in turn causing them to know they'll lose their car/house/wife/kids, etc, understands how emotions could run high.

The fact is I don't know why he did what he did. It's not right, but come one people, is it really worth a lawsuit? I'd think not.

Oh, and for the people that would question what I would've done in that situation. Easy, I'll give you perfect example of an incident that DID happen a couple years back.

I was getting ready for a trip to the sand dunes in Waynoka, OK. The day before I was due to leave my battery died for my camcorder. I called around and the closest store that had it was a BB. CSR told me straight out, "Oh yeah, we've got that on the rack."

So, I drove the 30 miles and spent 15 minutes looking up and down the isle for it. After I didn't find it I called a CSR over and asked about it. After another 15 minutes he tracked me down and told me "We don't. . . Uh. . . stock that battery." I explained that "I just called up here an hour ago and was told that it was in stock." "Um, yeah that was me that you talked to, I figured we carried them all." Needless to say, at that point, my blood pressure started to rise, along with my voice. Never cursed or anything like that, but I let him know I wasn't happy about him waisting my time because of his lazyness.

One of the other CSR must have heard me and called the manager, as he showed up not to long after. I explained what happened and got the typical "I'm sorry about that. . . we usually carry that." I told him "The (CSR) just told me you guys don't ever carry that battery, and I don't like the textbook rebuttals from either of you." He said "Sir, I'm sorry we didn't have what you wanted but I'm going to ask you to leave" Being hot headed like I am, I continued to explain their ". . . anything to get the customer into the store" crap wasn't right.

At that point he reached up, put his hand on my shoulder, grabbed my shirt in a fist like manor, turned me towards the door and said "You're going to have to leave the store, now, before I call security." (Since when has BB had security???)

Without blinking an eye, I turned back around, stepped towards him, and in a very calm yet, I'm not playing tone said, "Partner, if you don't take your hand off me, one of us is going to jail. . . the other to the hospital!" Needless to say, with a surprised look on his face, he immediately jerked his hand back to his chest.

After that I walked to the exit, with him and another one of his minions following a few feet behind me.

I never did anything about it. Wasn't worth it.

psuJC

Senior Member

Date Posted: Dec/15/2004 10:28 AM

undefined said:

3) If you go back to the original post (and my comments in the other thread) you'll see I would prefer not to have to sue. If Circuit City can come up with an acceptable response without a lawsuit it saves a lot of time, money (for them and me), and hardship (time for me, public relations for them) for both parties. I don't know any executives at Circuit City, but I personally believe they would rather see this resolved quickly and without too much fanfare. There are a lot of people here reading this - a positive move on the part of CC management can earn goodwill as quickly as a negative mood can lose it.

Like I said, I'm not an attorney. In fact, at this point I bet the Circuit City attorneys (if they're reading this) are probably thinking something to the effect of "Is this guy stupid or what. We're going to kill him in court." My answer to that is very simple: If your senior management can fix this without us all going to court I think we all win. If not, a jury of my peers surrounds me on Fatwallet - I can only imagine what a similar selection would think of this in a courtroom.

I understand that part, you don't want to sue, and that's alright. But you need to give up now and stop wasting your time with then then. You need to understand that because you're too soft to press charges and sue, CC won't do anything, nothing will change. They will fire that manager and give you a gift card. Who decides what's an acceptable response from CC... You? What are you going to do when CC doesn't provide you with an acceptable response? Nothing. You can't do anything. CC will walk right over you and there's absolutly nothing you can do about it.

Once you realize that you need to sue for anything to happen then you can continue on thinking about this situation. If you don't want to sue then you might as well give up now.

jayK

Senior Member
5K

Date Posted: Dec/15/2004 10:34 AM

cougarls88 said:

jayK said:

OP will probably get a much better outcome by going to the court of public opinion (i.e. the media). Local news stations love this kind of stuff.

Yeah, but wouldn't the part about the price mistake also come out (and the media spin about the retailer being "battered and beaten over a cheat")?

If anything, the media would spin it in the customer's favor. The story is that a customer bought some video games that happened to ring up at a lower price than expected. After the sale was complete, store management attempted to physically force the customer to return the items.

There are several great teasers they could use for this story..."customer assaulted by electronics store manager for buying items on sale, more at 11", etc.

jayK

Senior Member
5K

Date Posted: Dec/15/2004 10:39 AM

Hip2u77 said:

Ok, so let me get this straight. Everyone is saying sue because someone put their hand on someone and ripped a bag from their hand.

I agree with whoever said it first, the day the lady sued Mc'D's was the day this country started on a down hill slide. Everyone is sue happy. Sad

Please read the facts of the McDonalds hot coffee case before you jump to conclusions.

One of the other CSR must have heard me and called the manager, as he showed up not to long after. I explained what happened and got the typical "I'm sorry about that. . . we usually carry that." I told him "The (CSR) just told me you guys don't ever carry that battery, and I don't like the textbook rebuttals from either of you." He said "Sir, I'm sorry we didn't have what you wanted but I'm going to ask you to leave" Being hot headed like I am, I continued to explain their ". . . anything to get the customer into the store" crap wasn't right.

At that point he reached up, put his hand on my shoulder, grabbed my shirt in a fist like manor, turned me towards the door and said "You're going to have to leave the store, now, before I call security." (Since when has BB had security???)

Without blinking an eye, I turned back around, stepped towards him, and in a very calm yet, I'm not playing tone said, "Partner, if you don't take your hand off me, one of us is going to jail. . . the other to the hospital!" Needless to say, with a surprised look on his face, he immediately jerked his hand back to his chest.

They had no right to grab your shirt (unless you were being violent), but you also shouldn't have threatened the manager. You're lucky the situation didn't get worse.

denverdiver

Senior Member
1K

Date Posted: Dec/15/2004 10:40 AM

How is the OP a cheat? He took the product and THEIR system rung up the price. He paid what THEIR system told him to. Somehow I'm missing something here. So your solution would be to give CC and extra $10-20 dollars because THEIR system made a mistake.