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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?"

9 of 518 comments (clear)

  1. issue? by cft · · Score: 5, Insightful

    how is this even an issue? the law clearly states that they must hold the goods for a certain amount of time (10 days
    if I'm not mistaken before they're given away. The article says she went to the store after two days and they had already
    sold her playstation. They clearly violated law and should be reported to the authorities, not the manager as she did.

    1. Re:issue? by bloodrose · · Score: 5, Insightful

      Sometimes calling the police isn't feasible. On many things, such as small claims like this, the police will require some level of proof before they move on it. In some cases, gathering a minor amount of proof and taking EB to small claims court would be a better route. At least, it seems that way to me.

    2. Re:issue? by LostCluster · · Score: 5, Insightful

      Actually, a court is only supposed to resolve disuptes into who owns an item. Once a court certifies that this woman owns what she says she owns, it then falls back onto the police to do the strongarming.

    3. Re:issue? by Mr.+Slippery · · Score: 5, Insightful
      Sounds like you should vote to raise taxes and hire some more police.

      Hmm. There's an old cliche that "A conservative is a liberal who's been mugged." (And, "A liberal is a conservative who's been arrested.")

      But when the one of the "let's cut taxes!" brand of conservative suddenly finds not enough cops to track down the guy who burgled his house (or worse yet, not enough firefighters to come extinguish his house-b-que, or EMTs to come jumpstart his dad's failing heart)...yeah, you just might see a tax (and service) cutter switch to a tax-and-spend liberal.

      (Of course, they might just become one of the new "borrow and spend" conservatives that have become popular lately; "don't tax us, our kids will pay for it." Grand.)

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  2. The hell..? by Lewis+Daggart · · Score: 5, Insightful

    So they buy stolen goods without checking. They dont hold it forthe required 15 days. They then refuse to reimburse the person for the goods they illegally sold. They refuse to return the goods (without pay) that they unknowingly receaved through illegal channels. I was under the impression that in a case like this, EB should be returning the goods and seeking restitution from the thief, while the person who's property was stolen gets their goods back from EB. Of course, I'm no lawyer, but that's only common sense.

  3. Well, EB broke at least one law by Raleel · · Score: 5, Insightful

    as stated in the article, they didn't hold them for 15 days, specifically designed for preventing this sort of thing.

    But isn't there a law on the books about buying stolen goods? I always thought that that was a crime as well.

    EB is obviously not looking at the big picture here. They want to recoup the cost of the stuff that they bought. However, a good response here (like giving her her stuff and sucking the loss), is going to win a good customer (this store did the right thing, that's why I purchase from them).

    --
    -- Who is the bigger fool? The fool or the fool who follows him? --
  4. EB should be criminally charged by dartmouth05 · · Score: 5, Insightful
    EB should be criminally charged for dealing in stolen goods. By violating that 15 day law and by refusing to turn over the stolen goods, EB is no longer acting as a retail store--they are acting as a fence.

    Regardless of whether or not EB knew the goods were stolen when they purchased them from the thief, they did not not take reasonable precautions to ensure that they weren't stolen, such as follow the 15 day law.

    EB's actions were simply reprehensible, and I, for one, will no longer deal with them.

  5. Similar story, but better results by DunbarTheInept · · Score: 5, Insightful

    Some friends of mine recently had a whole shelf of DVD's stolen from their apartment (some of which were expensive imports from Japan). They contacted the police, filed the report, and were told that they should first call around to all the local used disc stores, starting with whichever ones were physically closest to their apartment. If the used disc store is on the up-and-up and wants to avoid legal troubles, they should be able to give them the goods back for free, and then it's *their* job to push things through the legal system to try to get reimbursed by the thief. Thus the legal hassles are offloaded from the original victim of theft to the store that bought the stolen goods, and the original victim walks away from the whole affair and doesn't need to be involved (except perhaps to give testimony as a witness in the event).

    The preferred method was to have the victim of the theft do all the 'legwork' and only involve the police if there is some difficulty in getting cooperation.

    Well, it worked. They found someone had just sold an alottment of DVD's that exactly matched the list of stolen goods (minus one that the thief apparently kept or lost). The store was cooperative and returned the goods. They had the name of the thief on record (and he'd stupidly used his real ID and real name when selling the goods), and were going to deal with the court case themselves.

    That was the last we'd heard of the incident.

    It would be a happy ending if it wasn't for the fact that the thief (remember he used his real name) turned out to be a friend we all knew. He knew about the DVD's because he'd been invited over on occasion to watch them. Obviously, this incident was the end of friendly relations with the guy. When my friend called him on the phone, he claimed "Oh, yeah, those DVD's, uhm yeah, some homeless black guy said he just found them and he gave a bunch of them to me. I didn't realize they were yours or I would have given them to you, dude." (Yeah, right - some of those DVD's were really obscure rare items, so there's no way he could fail to notice that that exact combination of DVD's was the same as the ones at his friend's house.)

    Some people can be real scum.

    But anyway, the point of the story is that this incident is an example of how pawn shops are supposed to work when everything is being done legally and with good intentions, unlike what EB games did.

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  6. RFID would solve all of your problems by John+Harrison · · Score: 5, Insightful
    Oddly enough the most demonized techonology on /. would solve the problem nicely. If these items each had an RFID tag on them and the RFID tag had owner info written on it at the time of sale then you could track it back to the original owner easily.

    Of course RFID tags are manufactured by Satan himself and there is no legitimate use for them, or at least so say the /. editors.