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  1. #1

    Default Return Fraud

    My question involves criminal law for the state of: New York

    After making several returns without receipts to a department store (for store credit), I attempted to make a purchase with the credit. The cashier told me the balance was zero and she would call somebody to look into it. A few minutes later, another employee came over, told me there was a questionable return history and asked me to come with him.

    To make a long story short, I gave him the store credit I had left, paid the difference between the credit that was originally issued and the remaining credit (what had been spent), signed a statement about what happened and another that I am not allowed in the store. He assured me he would not involve the police, he told me the store is more interested in being made whole and reimbursing them would do that. He told me I might receive a civil penalty up to $500.

    About a week later, I received the demand for $500 from their attorney and paid it immediately. I wanted to be done with the whole nightmare, put it behind me and move on with my life.

    A couple of days ago I received another civil demand for $500 with a different case number. I called the law office and was told they would look into it. I’m waiting to hear back from them.

    My questions are:

    How many civil penalties can they impose on me and what are my rights in not being punished multiple times for the same offense?

    Can they involve the police after the fact even though I reimbursed them? (even though he promised not to?) Are they likely to do so?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Return Fraud

    Quote Quoting WhereToFromHere
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    My questions are:

    How many civil penalties can they impose on me and what are my rights in not being punished multiple times for the same offense?
    You got the civil demand for the stop they made on you that day. Most likely, in reviewing your return history after the initial stop, they identified other incidents and entered reports on it which with some companies automatically generates a new CD.


    Quote Quoting WhereToFromHere
    View Post
    Can they involve the police after the fact even though I reimbursed them? (even though he promised not to?) Are they likely to do so?
    Yup. Civil demands are a civil penalty for your actions and do not preclude criminal charges. I would not be surprised if they found additional incidents if they made a police report which may result in your getting a visit from the local constabulary. Many companies don't allow the LP staff to lie but I'm sure it happens.

  3. #3

    Default Re: Return Fraud

    Quote Quoting free9man
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    You got the civil demand for the stop they made on you that day. Most likely, in reviewing your return history after the initial stop, they identified other incidents and entered reports on it which with some companies automatically generates a new CD.
    When I was detained, the (LP?) produced a computer printout of my entire return history within their store and wanted to be reimbursed for all of it. It seemed like he was treating it all as one combined incident, calculating what he felt I owed them (total return amount, minus remaining credit I gave him that day = amount paid), with the civil penalty as punishment. He told me $500 is the maximum civil penalty. Can they penalize me $500 for each return?

    Quote Quoting free9man
    View Post
    Yup. Civil demands are a civil penalty for your actions and do not preclude criminal charges. I would not be surprised if they found additional incidents if they made a police report which may result in your getting a visit from the local constabulary. Many companies don't allow the LP staff to lie but I'm sure it happens.
    What is the law on return fraud? Is it treated the same as shoplifting? They have the merchandise (or sold it already) and they were reimbursed for it. Is that handled the same as walking out of the store with unpaid merchandise?

    If they were going to involve the police, why wouldn't they do it right then and there? The (LP?) insisted what they really want is to be "made whole" and that I stay out of their store. He said he would not involve the police. His colleague (who wrote the statement I signed) insisted he was telling me the truth. I want to believe them, I want this whole thing over! Is there a way to find out a particular store's "general" attitude toward this type of incident (other than calling them which might stir things up - if they can be reached at all)?

  4. #4
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Return Fraud

    What store was it?

  5. #5

    Default Re: Return Fraud

    Lord & Taylor

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