Legal Question in Discrimination Law in New York

Not allowed to buy products in a store

I have been buying discounted authentic designer handbags from a certain company in thier autherized retail factory outlets over the past year and then reselling them on-line for a small profit. I usally buy between $2000 and $5000 worth of these handbags from various factory outlets of the same retail company every month.

Today I went to buy some items and the sales clerk told me that I was black listed by the company and not allowed to buy any more products in any of thier stores because they feel from looking at my volume of purchases over the last year, that they consider me a reseller of thier products, this they do not approve of.

I want to know if this is a form of descrimination, and do they have the right to deny me or any other person from buying thier products in one of thier public stores only because they have a feeling that I am reselling? Even if I am reselling, thier is no law against that, is thier? I am not the only person this has happened to, my friend was also not allowed to buy from thsi company for the same reason.


Asked on 5/17/05, 11:18 am

2 Answers from Attorneys
John Friedman Law Office of John K. Friedman

Re: Not allowed to buy products in a store

The seller is offering their goods for final sale to a retail buyer, not to a retailer for final sale to a third-party. If they want to refuse to sell to you -- absent an undertaking on your part not to resell -- they can do that. It may be discrimination but it's not illegal discrimination.

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Answered on 5/17/05, 11:33 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Not allowed to buy products in a store

There is no law requiring a company to sell products to you. A vendor can choose to sell or not to sell its products to a buyer. If the company does not wish to market its products this way (that they appear routinely for on-line auction) they have a rational basis for making a choice. Economic discrimination is not actionable and in most cases, perfectly legal.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 5/17/05, 12:22 pm


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