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EB Demands Payment From Victim of Theft
blincoln writes "ABC Action News is reporting that a Florida Electronics Boutique bought stolen games and gaming hardware, and made a profit on selling them back to their rightful owner, refusing to return the merchandise unless she paid them. From the article: 'EB Games still insists it will not refund Michelle's money. If she wants her money back, the company said, she can go through the legal system and get restitution from the thief.' In addition, EB appears to be violating the law by re-selling used merchandise without holding it for the required number of days. I was under the impression that purchasers of stolen merchandise could expect it to be seized by the police (who would return it to the owner) and not recover any of the money they spent buying it unless they took action against the thief. Is that not the case in Florida?"
Gamestop and EBGames are not the same company. EBGames is what Electronics Boutique morphed itself into and Gamestop is the former Funcoland/Software Etc/Babbages. They are, in fact, the last two competing national chains dealing in "preowned" after Gamestop absorbed all those others.
They are more likely covered under Chapter 538: Part 1: Secondhand Dealers.
Pawning indicates that the pawnbroker will hold the material for an agreed-upon time (not less than the state-mandated minimum) to give the seller time to buy it back, with exclusive purchase rights to that original owner. Secondhand dealers are buying it with no promise to sell it back to the original owner...
I'm not a lawyer, but watch me play one on slashdot...
The truly demented part was EB informing the woman that *she* has to sue the thief for restitution. This appears to be nothing less than a ploy to attempt to de facto rewrite property law in this regard. The onus is on THEM to sue the thief, as he committed fraud in selling them stolen property. And they would win, easily, given the Confession. He would probably just agree to hand over the money rather than even show up in court over it. That they're not taking that route can only suggest that they are attempting to absolve themselves of responsibility, and in the process, alter a few centuries of commonlaw.
And, in the larger scheme, why not? This has to happen all the time. How many people write down the serial numbers of their gaming equipment, just on the off chance it gets stolen and pawned? Given their often-outrageous used prices, they must turn quite a tidy profit nationwide through turning a blind eye to stolen goods. And doing anything that causes them to assume responsibility for the goods would only hurt their profit margins.
So, institute a hands-off policy where they assume no culpability at all, and put all responsibility for legal action upon the person who was stolen from. The number of people who would actually manage to sue them would be comparatively tiny. (especially considering most would just sue in small claims court, and not even dream of launching a multi-year legal fight over a $100 PS2.)
It all makes a rather sad sense.
Bush: He's Liberal in all the wrong ways.
Let's see this from a Pawnbrokers point of view.
As a pawn broker in Idaho, it's not quite that way here. In Idaho, we are required to hold ANY property for a minimum of 30 days if bought of 60 days if pawned. We also report full descriptions of EVERYTHING that comes over our counter. Serial numbers, distinguishing marks, colors, model numbers, EVERYTHING. We fill our several copies for each pawn/buy and send them to the police twice a week.
Any police officer may place a "Hold" on an item for any reason, which adds another 90 days. They may also extend that hold another 90 days as many times as they wish.
However, as a pawn shop, the authorities try to take us. That is, quite often, a patrolman will come in and demand that we relinquish property, which they intend to give directly back to the person who's property was stolen. Technically this is against the law for them to do, since we bought it in good faith.
We don't take items that we even suspect are stolen. In fact, I turned down a nice mp3 player yesterday because I suspected it was stolen. I couldn't prove anything so I couldn't call the police, but I didn't take it either.
We are always willing to "Hold" an item for as long as is needed, but we require an inventory requisition sheet be filed and that a disposition hearing be held to determine where the property should go.
If we didn't do this, we would have stuff "stolen" from us continually.
There have been several times in the last couple years when someone will come in, write down serial numbers on some of our stock, and then go to the police claiming it was stolen. Most of them are in jail for fraud, and one is awaiting sentancing right now.
This is also why we hate used stores like EB, Hastings, etc.. They don't have any of the same requirements. In fact, I've never seen a city ordinace that adressed pawn shops and second hand stores together. So don't go describing EB as a pawn shop. It isn't.
Your best bet for protection? Always right down serial numbers! It makes it 85% more likely that you will get your property back.
Calmiche,
No, if you get your stuff back, you don't get compensation from the thief! If you buy stolen property, YOU have to sue the theif for restitution. The person who had it stolen is NOT obligated to buy it back and then do the suing themselves. They can and should be charged with possession of stolen property, and trafficing in stolen property.
Regardless of the waiting period issue, the second they knew it was stolen, and tried to sell it anyways, they broke the law and should go to JAIL. No stupid bullshit fines. Throw the clerk and the manager in jail. It's just plain illegal, and there is no way around that.
ASCII stupid question, get a stupid ANSI
They're routinely lied to and mislead, either out of contempt or ignorance.
I got "banned" from a Gamestop in Orlando a while back for stopping somebody from being scammed by one of their employees.
It was back when the Dreamcast was dropping in price to $99. It happened on a Sunday, because I went to Best Buy to get one, and they didn't have any of the keyboards left, so we went over to Gaystop to see if they had one. I got to witness an employee telling a father that the price drop didn't take effect until Tuesday.
I spoke up and said that I just bought one at Best Buy for $99, and read many ads that morning in the newspaper for the same price. The father thanked me, flipped off the employee, and walked out, over to Best Buy. I was told I was no longer welcome in that store, which was ok, as that was the first and only time I had ever been there.
There are only 10 kinds of people in this world... those who understand binary and those who don't
Good advice, and I took it.
The gist of the conversation went as such:
I explained that I would not be doing further business with them unless they changed this policy, which conflicts with laws designed to protect against the sale of stolen goods.
The EBGames customer service rep put me through to a manager, who mentioned that this particular Florida incident took place over a month ago (the article above has the data Jan 29) and that they had been in contact with Michelle since then and were trying to rectify the situation.
At this point I told them a press release regarding this matter, and any policy changes that occur from it, would be appreciated.
"Be afraid to die until you have won some victory for humanity" -Horace Mann
--- 538.08 Stolen goods; petition for return.--
(1) If the secondhand dealer contests the identification or ownership of the property, the person alleging ownership of the property may, provided that a timely report of the theft of the goods was made to the proper authorities, bring an action for replevin in the county or circuit court by petition in substantially the following form:
Plaintiff A. B., sues defendant C. D., and alleges:
1. This is an action to recover possession of personal property in _______________ County, Florida.
2. The description of the property is: (list property) . To the best of plaintiff's knowledge, information, and belief, the value of the property is $_______________.
3. Plaintiff is entitled to the possession of the property under a security agreement dated __________, (year) , a copy of which is attached.
4. To plaintiff's best knowledge, information, and belief, the property is located at ____________________.
5. The property is wrongfully detained by defendant. Defendant came into possession of the property by (describe method of possession) . To plaintiff's best knowledge, information, and belief, defendant detains the property because (give reasons) .
6. The property has not been taken under an execution or attachment against plaintiff's property.
(2) The filing fees shall be waived by the clerk of the court, and the service fees shall be waived by the sheriff. The court shall award the prevailing party attorney's fees and costs. In addition, when the filing party prevails in the replevin action, the court shall order payment of filing fees to the clerk and service fees to the sheriff.
(3) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. Upon the receipt of a petition for a writ by a secondhand dealer, the dealer shall hold the property at issue until the court determines the respective interests of the parties.
(4) In addition to the civil petition for return remedy, the state may file a motion as part of a pending criminal case related to the property. The criminal court has jurisdiction to determine ownership, to order return or other disposition of the property, and to order any appropriate restitution to any person. Such order shall be entered upon hearing after proper notice has been given to the secondhand dealer, the victim, and the defendant in the criminal case. --- Why on EARTH did she pay for something that was hers? The thought must've occurred to her at some point that there was a process (like the one listed above) to get it back without paying. Of course there is. And of course, it adds shady points to EB for taking advantage of her lack of knowledge and trying to score some extra illegal bucks. That's just low.
-Vendal Thornheart
I could be wrong, but I am almost 100% sure that Electronics Boutique is not a franchise operation. Each store is owned by the main company.
So, in otherwords, this is all the companies fault, they can't blame a franchisee. The most they can do is say (if it is the case) that the manager violated company policy.