Legal Question in Personal Injury in Illinois

Imagine paying $20 for a book. Then by some misfortune, it falls behind the counter and the cashier refuses to pick it up and return it to you. He says: �sorry, there�s nothing I can do.� You expect the courtesy of picking up my book and giving it to me or returning my money. BORDERS response: �I don�t have to. If you don�t leave I�ll call the police.� The police are called and I am threatened with arrest if I don�t leave the store. Its as simple as that. This is an analogous illustration of my experience with BORDERS BOOKSTORE on Broadway in Chicago�s Uptown. Exact details follow:

On March 15th, 2011 I experienced what I deem to be a violation of civil and or consumer rights. I handed the cashier a $20-bill for a $7 dollar item and received $3 in change.

I pointed out his mistake. He disputed it. Viewing the security camera, one can witness the confusion he lasped into while ringing up my item. I detected he was confused about something, but I dismissed it until he handed me my change. The dispute went back and forth a couple of times before he called his manager. Now he wants to insert doubt: � I would have sworn he gave me a ten�, fearing his boss would actually do the right thing and verify my claim.

His boss simply looked at the receipt and told me there was nothing he could do. Nothing he could do??? The receipt was the object of dispute. I suggested to him he could check his cash against his receipts which would have clearly disclosed $10 more in cash than the receipts and / or check his security camera. His response: � I told you what I can do�. NOTE: he told me he could do nothing. I told him what he could do, he didn�t tell me anything. He took absolutely no action to verify a possible error that resulted in customer loss.

I slammed my fist in aggravation of being blatantly and outright robbed. His response: �I�m not putting up with this shit� and he called the police who simply threatened: �Leave or I�ll arrest you, its as simple as that.� Without my $10, I left. When I left the store, it was no longer about $10. It was about a gross violation of customer and/or consumer rights. I know had I been the white customer behind me, there would have been a customer friendly ending.

Considering I was robbed, and it was aided and abetted by the police, I would say my behavior and reaction was utterly and completely restrained.

If I could survive on minimum wage, I�d love to work for Borders where incompetence as an employee would go unquestioned and rewarded.

Bottomline is I was robbed and threatened with arrest for complaining about it.

I was beneath the effort to exercise a clear,reasonable, and viable solution for both parties. I was beneath justice or attention. Did the officer just see a white person versus a black person and presume that arrest was the only path for the black person. There was much contempt and violation of civil, consumer, and human rights here and no effort to make amends.

Can BORDERS be sued for violation of some tort law. Aren't they obligated to confirm a customer complaint?


Asked on 3/31/11, 8:13 am

2 Answers from Attorneys

Borders is going through bankruptcy. I know this store is one of many that they are closing. I think you are SOL. Sorry.

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Answered on 3/31/11, 1:08 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I am not going to address the issue of racial prejudice in this forum as the information provided is speculative. You certainly could try a letter to Border's company headquarters. My guess is that you would receive a gift card. I do not think it is worth your time to file a small claims case. However, that is certainly a possibility.

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Answered on 3/31/11, 3:17 pm


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