Stopped by loss prevention???

G

Goodgirl

New Member
I was at K!:&;@s today for hours helping an older friend find clothes for a cruise.
While waiting for her to try on clothes my 4 year old and I shared a candy bar. I bought shoes, a bubble gum and candy and we were done... So I thought.

As we walked out the door loss prevention stopped us, took my receipt and checked my merchandise. They then accused me of stealing a candy bar.

After three hours of shopping we were tired and starving and just wanted to get the heck out of there. They took my license, wrote down info and we left. Now what??

I called the police to inform them I was accused. I then called to speak to management to defend myself.

What should I do?
 
Goodgirl said:
I was at K!:&;@s today for hours helping an older friend find clothes for a cruise.
While waiting for her to try on clothes my 4 year old and I shared a candy bar. I bought shoes, a bubble gum and candy and we were done... So I thought.

As we walked out the door loss prevention stopped us, took my receipt and checked my merchandise. They then accused me of stealing a candy bar.

After three hours of shopping we were tired and starving and just wanted to get the heck out of there. They took my license, wrote down info and we left. Now what??

I called the police to inform them I was accused. I then called to speak to management to defend myself.

What should I do?
Click to expand...

Not much to do except follow the instructions given by the store security.
As long as police weren't called, you'll probably receive a letter demanding you pay about $500 to keep the store from suing you.
if you pay or not, that's your call.
Otherwise, stay as far away from that store as you can for at least the next five years.
Whatever you do, don't try to explain.
Why?
They won't believe you, as far as they are concerned, you are a thief nabbed "chocolate coated hands and cheeks". LOL
Seriously, let it go, breathe, all is well.
Next time, please be more attentive (tired or not), because you never know who is watching you....

Happy Easter.
 
Here is some info specific to NY re civil demand letters- it is your decision whether to pay the civil demand or not. If you don't pay, there "could be" additional consequences.

New York General Obligation Law Section 11-105(5):
An adult or emancipated minor who commits larceny against the property of a mercantile establishment shall be civilly liable to the operator of such establishment in an amount consisting of: 1. the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus 2. a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.
 
So the candy bar was not among the candy you purchased? Or was this a candy bar you had brought with you? I'm not clear what you were defending when you called the store afterwards.
Whatever the case, don't stress. This is among the most petty of offenses. As noted above the maximum you should be asked to pay is $75. They may ask for more, but the law allows for $75.

It is not a fine and you have no legal obligation to pay their demand when it comes.

If you believe you did not commit a crime they will have the option of pursuing action in court and proving their case, and you will have opportunity to defend. Don't think for a second that they will waste any more time with you than they already have over a candy bar.
 
I didn't read anywhere that you didn't intend to take the candy bar without paying, only that you were there waiting for a while and decided to share a candy bar. If you felt that you had a right to take it because you were there "shopping" (although it doesn't seem like much was purchased either) then understand their perspective of catching a thief.

I'll give you the benefit of the doubt in that you forgot to pay along with the few items you bought. I don't know the circumstances or details of your discussion with them about your "defense" which you did not provide. The fact that loss prevention caught you makes one wonder about how and why they were tracking you and what might have led them to hone in. But let's not bother with those details and just accept what was told to you above. Chances are that the store has better things to do with their time and it doesn't appear they have called the police. I'm not sure why you would since, unless you're insisting that it was purely a mistake and that no crime was committed (even petty theft / shoplifting), doing so isn't going to help you at all. Staying away from the store would probably be a good idea. Unless it makes sense to settle your matter, you really don't have much you can do except wait and see whether they will pursue anything.
 
I am a Retail theft consultant and answer questions like yours daily. I believe I know the store (don't post it!) its their policy not to call Police if theft is under a certain amount that explains no Police. I am also familiar with criteria most Loss Prevention Officers must meet before they make a stop. Your post lacks the details I need to tell you more. However if you did not take candy then you need to contact the Store Manager and/or Corporate office and request an apology and compensation. Expect a Gift Card of around $50.00 or so. If you did eat their candy bar then pay the Civil Demand if it comes and put this behind you. Here are some links you may find helpful

http://www.parentnook.com/accidental-shoplifting/

http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934

http://www.thelaw.com/forums/showthread.php?t=59980
 

Share this page

Get a free case review from a lawyer
Back
Top