According to Parris, there should be very little difference in the eyes of the law between people who can prove they were victims of the Sears Peeping Tom and those who think they were victims but cannot prove it, because their trust in the store and in privacy has been violated.
"It seems to me that anyone who has been in the store and used the dressing rooms or bathrooms has to be concerned," Parris says. "There's no difference between being a victim or thinking you're a victim in terms of emotional impact. Anyone who used those rooms is a plaintiff from our view of the law. If you used the bathroom or the dressing rooms during that time, you shouldn't have to show you were filmed, just that filming was going on secretly."
Of major concern is the possibility that children and teens may have been recorded using the dressing rooms.
"If it's just one child being filmed, that's too many," Parris says. "People should be able to send children into the dressing room without the expectation of it being filmed. When that is gone—when you cannot expect that—those people are damaged."
According to Parris, if plaintiffs can prove Sears knew about the filming and allowed it to continue while they prepared their defense, Sears would be considered to have ratified the employee's conduct, opening the door to punitive damages lawsuits.
"Anyone who used the dressing rooms and bathrooms—employees or not—have a case and should assert the case," Parris says. "Especially if it turns out that Sears knew about it for months. What kind of company allows that to go on for months to protect the corporate bank account?"
READ MORE SEARS PEEPING TOM LEGAL NEWS
"Our view is that Sears proactively attempts to cover up evidence when their employees hurt someone," Parris says. "It ties together. Of the companies I've sued, they are the only one to have an accident management team that employees are required to call after an accident. So it doesn't surprise me that employees think Sears knew about the secret recording for four months."
Meanwhile, people who used the dressing rooms and change rooms in question during the time recordings were secretly made should not downplay the hurt this situation has caused.
"Don't just assume because there is no physical injury that it doesn't matter, because it does," Parris says.
READER COMMENTS
JC
on
Beth Morano
on
I will not guess whether or not Sears knew about this or not. I highly doubt that they did and nothing was done. Sears employees take their responsibilities very seriously. I do not know of any employee who didn't and kept their job. To answer the question about shop lifting: Loss prevention watches who enters the fitting rooms and what they come out with. They use behaviors and demographics as key indicators for possible loss. At no time did I ever witness anything to the contrary.
99.999% of all Sears stores and employees are hard working, honest people who do their job every day and it would be a shame to throw them into the same pot as this perve. They do a tough job with minimal pay and don't deserve a bum rap.
Just because Sears has an accident response office does not mean squat or prove guilt in anything. It shows progressive management. Every business, including the Postal Service, have investigators for motor vehicle accidents. When you have a high percentage of vehicles on the road, you will have accidents.
Give the Sear's employees a break, don't judge anything until all the facts are out.
Bonita Koonce
on
How could a man have such disregard for women and children.
Im highly upset that he even tried to sell the video and pictures as was said to some porn sight.
It had to be well planned out for him to have done that.
He should go to jail now.
Were supposed to have regard for other people!
There were when I went to the North Hollywood Sears lots of women and young girls who were in the changing rooms and restrooms.
Linda Combs
on
ten years and I have always wondered why there was not a
system in place to check the clothing that went in and out of
the dressing rooms. Customers walked freely in and out carrying stacks of clothes to try on. Obviously cameras were
placed throughout the store, but it would seem that it would
not be an effective deterrant against theft. I suspect that Sears may have known about the cameras in the fitting rooms
and were not that concerned because of this. I have never shopped at any clothing store where there was not any system
in place to check what went in and out of the fitting rooms.l I
am an older lady (66) and naturally extremely modest. I am
so embarassed to think someone had a camera on. Just the
thought of this is humiliating to me.