united-states
What to do when falsely accused of retail stealing?
<p>My mom &amp; I have always had a bad relationship. When she found out I was shopping at a new local boutique in which the owner was her previous rival fellow employee. She went into that store and told her I had been stealing. I have only been in there 3 times (my husband with me twice, daughter once) never stole anything, I have receipts as well as the store since they’re logged into my account. The cops still came, waited while I was paying for a new purchase (the one who called was letting me purchase &amp; checking me out) then gave me and my husband a paper that we were banned from the store for stealing and possible charges. This is an ALL girl boutique, the previous time husband was with me he sat on the couch with my son which was by the dressing rooms as I wanted his opinion. Neither ‘stole’ anything, I’ve been buying here over a year. Weird thing now is my mom and that owner (who never liked each other) are now super oddly close friends &amp; my mom is buying things VERY frequently there.</p>

<p>A store's management can, in general, bar any specific person from the store. They do not need to prove theft or any other reason, as long as it is not for a reason violating anti-discrimination law, which apparently it is not in this case. The banned person generally has no way to challenge such a ban.</p>

<p>If either the store or the mother publicly accuses the daughter of theft, that would potentially constitute defamation. A suit could be filed. There would need to be evidence that the accusation was false. An accusation of crime constitutes defamation <em>per se</em> in most US states, probably in all of them, and was defamation <em>per se</em> under the classic common law. Therefore proof of damage to reputation is not required, but such proof can increase the amount of damages awarded. Assuming that the daughter is not a public figure, proof of <em>actual malice</em> is not required, but in some states such proof is needed to get an award of punitive damages.</p>

<p>While it is possible to bring a defamation suit on one's own, most people find it nearly impossible to do so successfully without a lawyer. A lawyer could also avise on the likelihood od success, and th4e probable size of any award, based on the specific facts of the case. I would urge any person in such a situation to at least have an initial consultation with a lawyer before deciding  how to proceed. Many lawyers offer free or low-cost first consultations.</p>
