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Originally posted by smirkley
The 'unfortunate soul' that runs the register should not allow him/herself to be a stooge for the store manager/owner who wishes on their own accord to break the rules or laws.
LAWSUIT FILED OVER WAL-MART’S VIOLATION OF VISA CHECK
PLAINTIFF HOPES THAT SHEDDING LIGHT ON THESE UNFAIR BUSINESS PRACTICES WILL STOP CONSUMER ABUSE
Bruce Hillberry, a resident of Louisville, Kentucky filed a lawsuit against the corporate giant Wal-Mart in Jefferson Circuit Court. Mr. Hillberry filed and is handling the matter as a Pro-Se Plaintiff, a move practically unheard of in today’s legal environment. In a strange twist, the Defendant who was named in the complaint failed to answer, creating an interesting legal question that is now being brought to the United States Supreme Court on a Petition for Writ of Certiorari.
The allegations waged against the conglomerate are ones that many average Americans may have submitted to or been a victim of, and not even have realized that Wal-Mart was overstepping its legal bounds. The lawsuit alleged that the retailer has in place a systematic means of requiring the photo identification of the customer when conducting a Visa Card and/or Check Card Transaction. A brief filed by a Wal-Mart subsidiary confirms this. The commercials broadcasted nationwide by the Visa Corporation explain that the main benefit of use of their Card is that Identification is not required. In Mr. Hillberry’s case, the system imposed by Visa was not even attempted. Rather, Wal-Mart has its register systems set to violate the terms of that contractual relationship with Visa and the Customer. The Visa Policy of no Identification required was confirmed through a representative from Visa International.
www.imsuing.com...
At the start of the Christmas Shopping Season, Mr. Hillberry went to the local Walrelevant-Mart to buy a few incidentals. He waited in a long line that day as has become customary at most Wal-Mart stores around the Country. He finally arrived at the cash register and was greeted by a weary worker, who wasn't quite like the happy holiday workers depicted in their commercials.
He loaded his items on the belt, she scanned them, and gave him his total. He pulled out his Visa Check Card to pay. I bet everyone has seen the Visa Check Card commercials that prompt you to use their Card so that you don't have to be troubled with searching for I.D. If you haven't, you can see one for yourself. .
Well, he swiped his Card, and was asked to show his drivers license. (Remember, what Visa says.) So, he told her that he hadn't brought it in, as he was using the Visa Card and it was never required before. She decided to move right on to calling the manager. When he got there, he wasn't interested in passing any Christmas cheer along to Mr. Hillberry. Instead, after the cashier told him that Mr. Hillberry did not have his drivers license, the manager starting punching the keys of the register. Mr. Hillberry did not receive the award winning satisfaction that was praised by J.D. Powers. My understanding is that he got something more akin to the feeling that Ms. Catherine Herrell talked about in her Wal-Mart satisfaction rating. Not the same circumstances, but the same feeling of yuk!
Mr. Hillberry did try to find out exactly what was going on, but he was told to leave the store. Naturally, he was surprised by this, and decided to inform Mr. Manager that the Visa Check Card does not require an I.D. The response was that Wal-Mart did. Of course, it was for Mr. Hillberry's protection. While that sounds very thoughtful, customers are protected by the Superheroes at Visa. So perhaps Wal-Mart should just try the honest approach and tell their customers that they are really watching out for their own billion (yes, I said BILLION) dollar wallet. The fact is, Wal-Mart can't tell you that because it is not part of the agreement (contract) that they sign with Visa.
For those of you who didn't know, and many don't- the Visa policy as confirmed by Visa International- is as follows:
If you go to purchase with a Visa emblazoned card, the process is to swipe it, then sign the receipt that is printed out. The cashier is supposed to compare the signature on the card with the one you just gave them on the receipt. There are so many people who do not understand this process or the rules that Visa has laid out for companies like Wal-Mart.
Originally posted by semperfortis
Breaking a Contract is NOT, I repeat NOT a violation of the Law in and of itself...
It falls almost completely under the Civil Statute and NOT the Criminal Code.
That being said, no one is going to get arrested for Breaking a Contract.... Not under any law that I am aware of..
"Breach" of Contract is a very common legal Torte, that is exclusive to the Civil Branch of the Judiciary....
Originally posted by smirkley
I have not heard one valid argument yet that explains why such a demand should be complied with. Not one.
Originally posted by chissler
Originally posted by smirkley
I have not heard one valid argument yet that explains why such a demand should be complied with. Not one.
Well, I have not heard one valid argument of why we would refuse to show our identification?
Originally posted by smirkley
I challenge anyone when confronted in such a scenario,..
Ask to speak to the manager and tell then you feel they have violated their merchant agreement by asking for additional ID.
They will comply once they realize the err of their ways.
If they still refuse to make the transaction, just call the 800 number hotline VISA has available for consumers for this exact reason, and VISA will splain it to them in a way they can understand.
Well obviously our time has been more important for several members in this thread, myself included.
..
If you choose to make a fuss over this, so be it. But I truly feel that this choice is only causing frustration to be taken out on a completely innocent person. I support your right, but I do not support the bashing of a clerk who does not deserve it.
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Bickering with a clerk is not going to change a thing. If your making yourself believe your trying to make a difference, then go after the right people.
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