Switched Price Tag

Hi,

I found this site after I got caught switching prices on a pair on shoes at Marshall's, in Ft-Lauderdale , Florida. Well actually what I did is this: I saw the shoes I like and tried them on and all but then I saw the same pari of shoes but in a different color and I like the other color better when I look to see the price the were 10$ cheaper, the same exact pair of shoe just another color so I started to look at the same shoe and for some reason the one I wanted was the only one at 20$ all the other one were 15$. Then I found one that was 10$ so I thought wow even better, so I took the tag off (10$) and put it on the one I liked (20$) I figure no biggie it just a differnt color same model and all. Well of course as soon as I paid the LP who was behing me pretending to buy something asked me to follow him to the office, he said it's about the shoes. I explained what had happend and he said sure no problem we will check it out and you will be on your way. Well of course all the other shoes were at 15$ and not 10$ dollars so he proceded to check all of my merchandise which was fine expect for a pair of pijama bottom that was mark at 5$ and when they priced checked it it turned out to be 12$ but this one had nothing to do with me. Anyway he did not call the cops, took back the shoes and pijama bottom and refunded me the money and let me go. He also mentioned something about a "Silver Fee" which I am still not sure what he was talking about, I think it is something about money for their time???? But he said since the items were less than 20$ that the fee was waived. He had me sign a Loss Prevention Report.

Also he told me that he had me on tapes tearing tags, but I don't beleive him because the only tag I replace was the shoes. I think he was just trying to scare me. Also at one point he told me that I had stolen the pijama bottom cause it was not on the receipt and I got really upset and started to defend myself casue there was 7 items on the receipt and I wanted him to count the items in the bag which were 7 also and he did not want to and told me if I did not stop talking he would put the handcuff on me. He said that I was insulting his intelligence, which I was not tryin to do, but I was not going to let him accuse me of stealing especially when he had the proof right in front of him, but refuse to count the items in front of me. Just to be explicit here the pyjama bottom were in the bag with the rest of the merchandise so I was like how did it get there if I stole it...You were right there when I paid and right there after I paid since I followed you to the office...DUH! As for the shoes I noticed that the price tag of the one I had switched had the same SKU number as the one they brought back in the back office for price check and I mentioned that to him. I used to work in retail long ago so I knew about the SKU. At this point he was a little baffled I think cause he became silent. That was the store mistake they price one pair cheaper (the one I took the tag from) than the others and left on pair (the one that was my size and desired color) at the old price. Im sure it's possbile...No one is perfect and everyone makes mistake.

Does the fact that I went to the dressing room as anything to do with him not calling the police...Since he lost contact with me? If so Im not sure why it would have anything to do with shoes since shoes are not allowed in the dressing room to begin with, but I am just wondering?

Can they still come after me even if they did not call the cops, I read here that they have a 45 days grace period. Should I worry?

Sorry for the long thread, but I wanted to be as explicit as possible to get and acurate reply.

Thanks!

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Quoting WhoMeMu

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He also mentioned something about a "Silver Fee" which I am still not sure what he was talking about, I think it is something about money for their time?

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A "civil fee" or "civil demand" - he was letting you know that you'll probably receive a demand for payment of an amount, likely in the $150 - $300 range, to compensate the store for your act of theft.

You would have to ask him why he didn't call the police. We can only guess.

How can they ask for a "Civil Fee' if I was not arrested?

My rights were enver read to me....

You do not need to be arrested for the retailer to aply civil demand. Your miranda rights need only be 'read' to you by a police officer at the time of the arrest when you are asked questions about the crime. Turn off your TV - it's giving you some bum advice.

I have another question...what is the fee to the store to file a "Civil Demand" for a loss under 100$?

The cost of the paper, envelope, ink, and a stamp.

Its a State law and amount usually exceeds amount stolen by three times or more. Its legal and if you fail to pay they will raise fee (maybe triple) they can sue youin court for this and win! then you will owe even more plus court cost and legal fees

Thank you panther10758, so if I understand you correctly I could be charge bout 75$ for the "Civil Demand" since their lost was 12.51$. Am I correct?. But I am almost certain he told me there were not going to be any civil demand since the amount was under 20$ and they never told me I could not return to the store. Actually I had to return about 1/2 hour later as the lady who refunded my money forgot to give me back my original receipt. I called and asked to speak with the LP and he told me to come back and that they would reprint one for me and that's exactly what happened.

I have another question..They had me sign a loss prevention report but I did not get a copy, should I have asked for one?

Quote:

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Quoting WhoMeMu

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Thank you panther10758, so if I understand you correctly I could be charge bout 75$ for the "Civil Demand" since their lost was 12.51$. Am I correct?. But I am almost certain he told me there were not going to be any civil demand since the amount was under 20$ and they never told me I could not return to the store. Actually I had to return about 1/2 hour later as the lady who refunded my money forgot to give me back my original receipt. I called and asked to speak with the LP and he told me to come back and that they would reprint one for me and that's exactly what happened.

I have another question..They had me sign a loss prevention report but I did not get a copy, should I have asked for one?

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I cant vouch for amount but thats sounds about right could be more but I doubt it exceeds $150.00. If they told you there would be no CD that would be very odd as this is easy money for retailer. However time will tell if you get a CD letter then you will know. They may not as they need to pay (or share) monies with CD service or Law firm and under $20.00 theft would not bring in enough CD money to warrant uses service/Law Firm. LP is not required to give you a copy of report if they happen to press charges you can seek report through discovery process

Here's the accurate information:

Section 772.11, Florida Statutes, retailers are granted a civil cause of action against shoplifters, often called Civil Restitution. Civil Restitution is a legal process that allows retailers to file a claim against the shoplifter for civil damages and collect minimum damages of $200 or three times the price of the stolen merchandise, whichever is greater, instead of filing a civil suit. However, certain procedures must be followed.
Civil Restitution provides a way to resolve the situation quickly, pass the high cost of theft prevention to the thief instead of to your customers through higher prices, and bypass an already over-burdened criminal court system. However, if you choose not to use Civil Restitution, Section 772.11 still allows you to bring a civil suit to recover attorney’s fees and costs.

Hope this helps.:)