Are Missouri and Illinois shoppers legally required to stop for receipt checkers?

Joey Schneider
·4 min read
2

ST. LOUIS – If you shop at big-box retailers frequently, there’s a chance an employee has stopped you to check your receipt and items before you leave. As the shopper, are you legally required to stop?

It depends. First, it comes down to any policies the retailers may have in effect. After that, it’s a matter of whether the state you shop in requires such practices.

For retailers, there are three retail giants where you may notice receipt checkers…

  • At Walmart, an employee may ask to check your receipts as you leave, though these checks are understood to be voluntary rather than required.

  • At Sam’s Club and Costco, shoppers are members and agree to receipt checks as part of the shopping experience.

It’s important to note that other retailers may have slightly different practices for checking receipts. If you’re uncertain, make sure to check on policies of the retailer where you plan to stop.

Next, it comes down to the states. The terms “receipt checker” or “receipt checking” aren’t part of state statutes in Missouri or Illinois. Because of that, it comes down to the etiquette outlined in other state statutes that some consumers know as shopkeeper’s privilege.

Are shoppers in Missouri and Illinois legally required to stop for receipt checkers? Here’s how the laws explain it:

Missouri

Missouri State Statute 537.125 explains:

“Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee, criminally or civilly liable to the person so detained.”

In shortened terms, the statute also address the following situations…

  • “Any person willfully concealing unpurchased merchandise of any mercantile establishment … shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise. … Any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his agent or employee criminally or civilly liable.”

  • Any employee “who has reasonable grounds or probable cause to believe that a person has committed a wrongful taking of property …. may contact law enforcement officers and instigate criminal proceedings against such person. … And any contact with authorities “shall not constitute malicious prosecution” or hold the merchant “civilly liable to the person so detained or against whom proceedings are instigated.”

As written, the statute doesn’t necessarily indicate that shoppers should show their receipts as they leave, but it gives merchants the right to stop shoppers and check on their purchases, so long as it’s done in a reasonable manner and in a reasonable length of time.

Short answer: Are shoppers in Missouri legally required to stop for receipt checkers in retail stores without policies? No. Shoppers can legally refuse a stop to show their receipts. That said, it’s also important to keep shopkeeper’s privilege in mind.

Illinois

Illinois State Statute 720 ILCS 5/16-26 explains:

“Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain the person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time” for all or any of five distinct purposes:

  • To request identification

  • To verify such identification

  • To “reasonably” inquire as to whether such person is in possession of unpurchased merchandise and investigate the ownership of such merchandise;

  • To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;

  • In the case of a minor, to immediately make a reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor.

As written, the statute doesn’t necessarily indicate that shoppers should show their receipts as they leave, but it gives merchants the authority to stop shoppers for a variety of reasons, including a reasonable suspicion that the shopper may have stolen items.

Short answer: Are shoppers in Illinois legally required to stop for receipt checkers in retail stores without policies? No. Shoppers can legally refuse a stop to show their receipts. That said, it’s also important to keep shopkeeper’s privilege in mind.

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