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?"

Comments

EB is not a pawnbroker

[sam1am]

Because pawn brokers, which EB would likely claim they are

The Florida Pawnbroking Act, chapter 539 of the Florida Statutes contains the following definitions:

539.001 2 (h)"Pawn" means any advancement of funds on the security of pledged goods on condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeemed by the pledgor on the terms and conditions contained in this section.
539.001 2 (i)"Pawnbroker" means any person who is engaged in the business of making pawns; who makes a public display containing the term "pawn," "pawnbroker," or "pawnshop" or any derivative thereof; or who publicly displays a sign or symbol historically identified with pawns. A pawnbroker may also engage in the business of purchasing goods which includes consignment and trade.

539.001 3 (a)A person may not engage in business as a pawnbroker unless the person has a valid license issued by the agency. A separate license is required for each pawnshop.

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...

Re:issue?

[Calmiche]

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,

Re:Let EB know about what you think of their polic

[Vexinator]

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.

Someone should tell her...

[Vthornheart]

About regulation 538.08 (in the Florida Laws regarding secondhand dealers)

--- 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.