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  1. #1

    Default Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    My question involves criminal law for the state of: CA


    Not really a charge question, just saw this today and thought it might be interesting for people currently dealing with HD. I certainly don't advocate shoplifting, but Home Depot's greed seems more noticeably egregious. Admin can move as need, long time lurker first time poster.

    http://consumerist.com/2013/09/11/la...d-shoplifters/

  2. #2
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    With all the shoplifters that post in these forums I can't say as I blame Home Depot for scaring the crap out of shoplifters and making them pay for what they did.

    The example about the gloves may be a little extreme but citing that is obviously designed to get the public excited about the plight of the plaintiff "victim" and probably has no relationship to the usual criminal acts of thousands of other shoplifters for whom I have no sympathy and will cheerfully continue to do business with Home Depot.

  3. #3

    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    The story is clearly an outlier, but the larger point stands - they're using a system designed to help them get around going to go court when, in fact, they never had an intention to sue in the first place. I'm not losing any sleep for HD or their lawyers.

  4. #4
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    Quote Quoting adjusterjack
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    With all the shoplifters that post in these forums I can't say as I blame Home Depot for scaring the crap out of shoplifters and making them pay for what they did.

    The example about the gloves may be a little extreme but citing that is obviously designed to get the public excited about the plight of the plaintiff "victim" and probably has no relationship to the usual criminal acts of thousands of other shoplifters for whom I have no sympathy and will cheerfully continue to do business with Home Depot.
    Home Depot is not alone in this. Walmart, Kmart and every other retailer does the same. In fact, there was some discussion on this forum just last week about people getting accused of shoplifting before they even passed the checkout counters. I myself asked questions about things that I often did that could result in accusations and those kinds of legal demands.

    I have had several attorneys tell me that the "civil demands" made by major retailers were nothing more than extortion.

  5. #5
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    Quote Quoting llworking
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    I have had several attorneys tell me that the "civil demands" made by major retailers were nothing more than extortion.
    well, a person can refuse to pay a civil demand. If they are innocent, there is nothing to fear but fear itself.

  6. #6
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    Quote Quoting llworking
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    I have had several attorneys tell me that the "civil demands" made by major retailers were nothing more than extortion.
    Perhaps.

    But many states (maybe even a majority) have an exception to the "crime" of extortion if:

    "the property obtained by threat of the accusation, exposure, lawsuit or other invocation of official action was lawfully claimed either as:

    1. Restitution or indemnification for harm done under circumstances to which the accusation, exposure, lawsuit or other official action relates.

    2. Compensation for property that was lawfully obtained or for lawful services."

    That's a quote from Arizona Revised Statute 13-804:

    http://www.azleg.state.az.us/FormatD...13&DocType=ARS

    And is similar to many other state criminal statutes that I've found in the last few years thanks to an ongoing debate that I've had on another website.

    I'll leave it to somebody else to look up California's extortion statute.

  7. #7
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    518. Extortion is the obtaining of property from another, with his
    consent, or the obtaining of an official act of a public officer,
    induced by a wrongful use of force or fear, or under color of
    official right.



    519. Fear, such as will constitute extortion, may be induced by a
    threat, either:
    1. To do an unlawful injury to the person or property of the
    individual threatened or of a third person; or,
    2. To accuse the individual threatened, or any relative of his, or
    member of his family, of any crime; or,
    3. To expose, or to impute to him or them any deformity, disgrace
    or crime; or,
    4. To expose any secret affecting him or them.
    http://www.leginfo.ca.gov/cgi-bin/di...0&file=518-527

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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    trying to sue for using the civil demand law as intended and as written?

    sounds like a waste of the court's time to me.

  9. #9
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    Quote Quoting Lehk
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    trying to sue for using the civil demand law as intended and as written?

    sounds like a waste of the court's time to me.
    You don't think a threat of suing, when you do not intend on suing should the demand be rebuffed, is a wrongful use of fear?

  10. #10

    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    Quote Quoting jk
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    You don't think a threat of suing, when you do not intend on suing should the demand be rebuffed, is a wrongful use of fear?
    No, threatening to sue is not a problem. By itself. Why do you think it should be?

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