Re: Pay us or we’ll call the cops: Many U.S. stores giving shoplifters choice of puni
Then I'll defer to your personal experience. If what you say is correct, then they are not breaking the law. If what the article says is correct, then they are.
The article is wrong and full of crap. Here, let me go through it a bit more.
Imagine you’re browsing at Bloomingdale’s when a security guard taps you on the shoulder and accuses you of shoplifting. He takes you to a private room, sits you down, and runs your name through a database to see if you have any outstanding warrants. Then he tells you that you have two options. The first involves him calling the police, who might arrest you and take you to jail. The second allows you to walk out of the store immediately, no questions asked—right after you sign an admission of guilt and agree to pay $320 to take an online course designed to make you never want to steal again.
Notice, nothing said that the individual was shoplifting or not. It should start out "Imagine you are caught shoplifting in Bloomingdales...", that would be much more accurate. The "5 steps" are well known and followed by all Loss Prevention professionals, "Security Guards" just do not go up to people inside of stores and accuse them of shoplifting. And where is the description of recovering the stolen merchandise? That is another key part that is missing in their "story".
Also, there is no "choice" given between Police or "the program". We decide based upon what was taken if we are going to call the police, not if they want to sign up for this program or not. If the types of items taken and/or ammount exceed certain paramaters, they are ineligable for the program, so that is completely off the table.
The choice given is
purely if you want to pay Civil Restitution to the legal department of the store, or instead take this program to try and prevent future shoplifting. Only that, nothing else. The store I worked at with this program had a policy of thefts under $200 were handled internally with no police involvement (unless it was ORC, in which the police were called no matter the amount). Once again, ORC thieves are not eligable for the program (and more then likely have previous apprehensions, and are ineligable for the program).
And the cost? They should be happy, most in California are happy to pay that. Because the Civil Restitution Law in California allows the store to demand up to $500 in Civil Restitution. Agreeing to the program caps it out at a pre-set value, and is actually right in the range of what most restitutions demanded are.
Now, here is another factor. Say you will take the course and refuse to take it, CEC and the merchant will turn the case over to the police. Most police departments now have departments that handle this kind of petty crime. We send them our reports and all other information, and they cite you through the mail and you will be advised of a court hearing in the future. Many departments do not even respond to shoplifting calls, they tell you to just mail them the reports and they handle it from there as an administrative matter.
And finally, say you refuse the program or are not eligable. You get a citation and go to court. Do you know what you very well might be ordered to attend, paying out of your own pocket? Yep, Theft Prevention Classes.
We are in our 7th year with over 14,000 clients who have successfully completed and satisfied their court orders through our program. CourtOrderedClasses.com has been designed for individuals who need to take court ordered courses for court ordered requirements, at the request of their employer, or for personal reasons. We are the only nationally recognized program to offer court approved domestic violence classes, anger management classes, battery classes, deferred entry of judgment classes, criminal behavior modification classes, divorce classes, parenting classes, and theft prevention classes all from the comfort of home and with live, group sessions.
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In addition to the civil restitution and court costs and fines they are already stuck with.