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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31018
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was shopping in a department store, trying to use reward

Customer Question

I was shopping in a department store, trying to use reward dollars that they send to you after you spend a certain of money. They were out of date, however a manager has let me use them before. When the manager came out, the first thing she said to me was that they could have been stolen or picked up. She said it was a security issue. Do you think I have a case?
Submitted: 6 months ago.
Category: Legal
Expert:  Roger replied 6 months ago.
Hi - my name is ***** ***** I'll be glad to assist. Are you asking whether you have a case because they refused to allow you to use the reward dollars or because she said that the reward dollars could have been stolen or picked up?
Customer: replied 6 months ago.
They finally let me use them. I am upset because she said it was a security issue and thy could be stolen or picked up.
Expert:  Roger replied 6 months ago.
Thanks for the response. This is not likely something that is actionable if the person didn't actually accuse you of stealing the reward dollars and if this statement was only made to you......
Expert:  Roger replied 6 months ago.
If this person said that you stole the reward dollars and started telling other shoppers, etc. that you were a thief, then you'd likely have a claim against the store for defamation. But, if nothing was published or put out to the public about this, then it's not likely you'd have a strong legal case.
Customer: replied 6 months ago.
There was the sales associate standing there and heard it
Expert:  Roger replied 6 months ago.
That's still a pretty tough case to win -- especially if the person didn't flat out accuse you of stealing the reward dollars.
Expert:  Roger replied 6 months ago.
That said, you certainly could sue, but in order to prevail, you must prove that someone KNOWINGLY made a false statement about you in an attempt to harm your reputation. In this case, you would have a very difficult time proving that the person KNOWINGLY made a false statement. Instead, the employee could say he/she truly felt that the reward dollars were stolen (which would be an opinion -- not defamation) or he/she could say that you were never implicated as being the thief and that he/she was just making an observation about the reward dollars because they were expired (which would also not be defamation). So, from a legal standpoint, this likely would not be a strong civil claim.
Expert:  Roger replied 6 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
Expert:  Roger replied 6 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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