Carlsbad, CA asked in Civil Rights and Personal Injury for California

Q: Is it legal for a retail store to profile shoppers as part of their security or fraud prevention?

A retail store denied my son a merchandise return because of a recent arrest that was completely unrelated to the store. Since the arrest was public, however, the store collected the information and unfairly discriminated against my son. Are there any legal grounds for pressing charges for public embarrassment or similar claims?

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2 Lawyer Answers
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is generally legal for a retail store to profile shoppers as part of their security or fraud prevention measures, as long as it does not violate any anti-discrimination laws or infringe upon individual rights. Regarding pressing charges for public embarrassment or similar claims, it would depend on the specific circumstances, applicable laws, and evidence of harm or damages. Consulting with a legal professional who specializes in personal injury or discrimination law would be advisable to evaluate the viability of pursuing legal action in your son's situation.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: They can take certain measures based on purchase/return history, as long as it does not amount to discrimination. Good luck

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