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Claire's Company Ridiculous Prosecution Charges
Posted by Myblondeself on 06/01/2013
HENDERSON, NEVADA -- I was at the mall with my friend. Don't get me wrong, I love this Mall. When we went into Claire's (the accessory store for younger girls about 8-12) right away the woman, who looked like the store manager, she was older, didn't look to friendly. As we were leaving she told me and my friend to step back into the store and said security was already on their way. The necklace was found in my FRIEND'S possession and now I have to pay 250 bucks, as well as my friend, to their company. They calmly explained how it wasn't police involved and since we are minors that all we really had to do was pay the money and our record stayed pretty much as clean as before stepping foot in the store. I don't know whether to fight it or not. I would like the charges to be dropped or at least reduced because the item that was about to be stolen was worth $12.50.

Now we both separately have to pay twenty times what the product was worth. Not to mention the employee lecturing us on how when you make dumb decisions you bring your friends down with you and a six month ban from that particular mall.

     
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Posted by Old Timer on 2013-06-01:
You do not want anything like this on your permanent juvenile record. Even if it gets expunged at age 18, you don't need it. Get it in writing that the $250 will absolve you of any further prosecution, litigation or action. Pay the $250 as a lesson learned and call it a day. Leave it behind you and move on. Just don't let something like this happen again, you got off pretty easy.
Posted by yoke on 2013-06-01:
Was what the manager did even legal? Where the parents called, if not the manager can not legally make a deal with the minors? Sounds real fishy to me. If the police were not involved then there is no case.
Posted by clutzycook on 2013-06-01:
Still stinks that the OP has to pay when it was her friend who allegedly pocketed the necklace. Guess it shows you have to pick your friends carefully.
Posted by Cwazychicken on 2013-06-01:
Friends with friends can get in trouble for being with them.....trust me when I was 14 I got in trouble for what my friend did.
Posted by DebtorBasher on 2013-06-01:
I'd question their actions. If it isn't 'police involved' then WHAT kind of record would you have? Sounds to me like they are taking advantage of you being a minor, and making money on top of it. I'd like to hear Starlord's thoughts on this.
Posted by Starlord on 2013-06-01:
I was asked to weigh in on this, due to my past experience. When I worked Loss Prevention, our policy was that all adults were prosecuted, and no minors were. With minors, we called their parents to come to the store. The parents paid for the merchandise, and it was returned to the shelf, to help defray the cost of security. This store is violating the rights of the OP, and running a scam. If the police were not called, nor the parents, they cannot make a deal with a minor, especially one that is against public interest. The OP cannot be held responsible for the actions of her friend, unless they have incontrovertible
proof that she was involved. So she was kidnapped and unlawfully imprisoned and coerced into agreeing to an egregious am0ount of money. The girl's family should retain a lawyer and the lawyer can recommend what action to take. They do not have the authority to ban anyone from the entire mall, and I would not go into that store if they paid me.
Posted by Old Timer on 2013-06-01:
Just in case they want to take it to the DA later.

"$250 will absolve you of any further prosecution, litigation or action".

Yes its probably extortion, wrong and everything else under the bright Nevada Sun, but a clean record is more important.

~JMHO
Posted by trmn8r on 2013-06-02:
Heck with Starlord (sorry SL). I could listen to Basher all night long. Mmm, gives me goosebumps.

On the subject of this necklace, I'd ask where this $250 figure comes from. However, at this point in time it appears it is in security's record that this necklace was in the process of being stolen, so the jig may be up. The OP pretty much has to weigh paying this arbitrary fine against being turned over to Johnny Law.
Posted by Double Bubble on 2013-06-02:
It is a civil case.. I don't think they have to call the police. Did they call the parents? The poster didn't say. But the store probably has video of it. So I'd think they could file a police report if necessary.

NRS 597.870 Shoplifting: Civil liability of parent or guardian of minor who steals merchandise from or damages property on merchant's premises.

1. The parent or legal guardian, as the case may be, of a minor who steals merchandise from, or damages property on, a merchant's premises is civilly liable for:

(a) The retail value of the merchandise
Posted by Double Bubble on 2013-06-02:
Wait that didn't post right here is the rest of it.
(b) The fair market value of the damaged property,

plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney's fees. An action may be brought even if there has been no criminal conviction for the theft or damage. Recovery under this section may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor.

2. An action under this section may be brought as a small claim in a Justice Court if the total amount sought does not exceed the statutory limit for such a claim.

Posted by DebtorBasher on 2013-06-02:
Thank you Starlord, I knew you would be the right person to turn to on this matter :)

Double Bubble...funny, I was just unwrapping a piece of Double Bubble Bubble Gum as I was reading your comment.

8er, 8er, my 8er...it's so stupid hot here, I'd welcome some goosebumps!
Posted by madconsumer on 2013-06-02:
what the store did was appropriate. far to often, juveniles 'get away' with this type of stuff, and leads to further crimes.

i suspect there is more to this than we will be told.
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A Greedy Exploitation of Our Legal System.
Posted by Mobiius on 08/16/2012
NORRIDGE, ILLINOIS -- Claires' policy for shoplifting is very greedy. Now I know that shoplifting is a crime, and not only that, but morally, it is wrong, like any form of stealing. But, Claires plans to send me a threat for civil suit, which I must pay price amount between $250-500, and if I refuse to pay this amount, they will file a civil suit against me and my family. The total value of what I attempted to steal from this store was roughly $23.

I looked up the shoplifting policy online and this IS legal. This is legal because it allows stores to 'recoup' their losses from my shoplifting, at least that is the justification for this extortion. However, they got their products back, in fact, I watched them re-tag and put the products back up for sale. This means that they did not even lose their $23, and this civil suit is nothing more than a loophole in our legal system that allows this company to make a small fortune off of me, for nothing more than a misdemeanor.

Now, I feel completely justified in shoplifting, because I am taking from a company that is obviously arrogant, greedy, and downright evil. I was taken to a police station, photographed, I got a record and all that, so now I'm in the system, and I will be going to court to receive my legal punishment, whether it be a fine, community service, or even a short juvenile hall sentence, so the legal consequences for my actions have been felt. I know what I did was wrong, but isn't it wrong for a company to sue me, to recoup their losses, which they recouped on the spot?

This is, as I have said before, extortion. I've heard Wal-mart does this as well, but I've only ever shoplifted from claires this once. I feel that this needs to be brought to someones attention, I know I can't do much about this, they may be greedy and arrogant, but they're smart, so legally, I don't have much of a case. I'm just hoping someone will read this and discontinue shopping from such a terrible store. I stole, now I have my legal consequences to face, but when Claires steals, it is legal. This is a prime example of our broken justice system.
     
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Posted by Bill on 2012-08-16:
Stores lose millions of dollars each year from shoplifting. It affects everybody in the form of higher prices. It good to see stores are finally cracking down. Hopefully you learned a valuable lesson.
Posted by I love my son on 2012-08-16:
I find it hysterical that you are actually complaining about being sued for your shoplifting..Most companies do civil demands for all shop lifters. Yes they got the product back but there are many times they don't.. I'm glad that they arrested you and that now you have a record and that you also will be sued I hope next time you will think twice before doing it again..I've never stolen anything in my life and I have fallen on very hard times many times.. I go without very often. You were stealing stupid things not even stealing something like food to fed your kid or family..Next time you decide to steal and get caught they should chop your hand off like they do in other countries..in my opinion
Posted by Anonymous on 2012-08-16:
Shoplifting is a serious crime and you're going to get more than just a slap on the wrist for breaking the law. If you don't like a store's policy on shoplifting, then don't steal. Simple as that. You have no right to complain about any punishment you get because you broke the law.
Posted by leet60 on 2012-08-16:
The recoup of costs is fairly common in most states, the legislature in those states enacting laws to make shoplifting less attractive even for small items. As you admit, what you did was wrong, and although the penalty may seem stiff to you, it will likely make you rethink your choice to try and take the merchandise without paying.
Posted by trmn8r on 2012-08-16:
If it were up to me, the law would require that a person be placed in jail for 30 days for the first shoplifting offense.

That being the case, $250-500 sounds like a bargain. Either way, it may deter people from shiplifting a second time.

If only 1 of 10 shoplifters is caught, the store may well lose $500 by the time is catches one shoplifter. As a non-shoplifter, I see no problem (or greed - the store isn't making a profit) in the store keeping its prices constant by fining those who do shoplift. It makes everything equitable.

If I had a Claire's nearby, I would support them for having this pro-consumer policy.
Posted by melissa253 on 2012-08-16:
Are you seriously complaining about the consequences of your shoplifting? You really are expecting that no one will shop at Claires because of the legal actions you now face because YOU SHOPLIFTED?
Posted by Kris10 on 2012-08-16:
I can't take this complaing seriously. It's not greed. Think of all the manhours that are going to go into this because you decided that you did not want to pay for some items. There are the clerks that had to put the items back up (thus taking time away from other work they could have been doing,) the security that they have to employ because of shoplifters, the legal team that is sending you those letters, the clerks that have to mail the letters, the postage to mail you those letters... I think you're getting a deal in not having to pay for the operation of the entire company for one day.
Posted by Cwazychicken on 2012-08-16:
Do not shop lift, simple as that!
Posted by Cwazychicken on 2012-08-16:
Also, don't think of it as extortion, they are charging you for the crime itself. They aren't out to make money like this. They aren't telling you to steal from their store and get caught. Trust me, its not worth shoplifting. In life we are given consequences and unfortunately, a lot of the times it does not seem fair to us but if we did the crime, we need to pay the time.
Posted by Ben There on 2012-08-16:
It is ironic that you are calling Claire's greedy and arrogant when you are the one that felt like you should have a product for free and are now upset that you are being penalized for stealing.
Posted by jc on 2012-08-16:
"Now, I feel completely justified in shoplifting, because I am taking from a company that is obviously arrogant, greedy, and downright evil."

I agree! And you should steal from them again and show them who's boss. Who do they think they are anyway?
Posted by CowboyFan on 2012-08-17:
Florida has the same law, and the purpose is to allow the store to recoup part of the thousands of dollars it is forced to spend on security because of thieves like the OP.
Posted by FoDaddy19 on 2012-08-17:
Wow, just wow. You got busted, man up and accept the consequences. And yes, you got hit with the crimal charges (you vs. the state) and you're going to get hit with civil charges as well (you against the company).

"Now, I feel completely justified in shoplifting, because I am taking from a company that is obviously arrogant, greedy, and downright evil. "

So it's okay for you to shoplift companies that prosecute shoplifters? Seems like you didn't learn a damn thing from this experience.

Posted by L on 2013-07-01:
I think you are missing her point totally. It is a crime and when you get caught criminal charges are filed and then you pay a fine, fees, receive a record, and pay restitution. So what happened to not being tried twice by our 1st amendment? I have been researching this and found that it is a state loop hole for extortion.
Posted by gmac on 2013-09-10:
I a male and a I visited that store with my girlfriend and her 11 yr. old daughter. A soon as I entered the store some lady like thing followed me around the store and called security and he came and gave me a strange look. Then about 5 minutes later another person was in there a male and he started arguing with an employee there and said what are you following me around for? I told my girlfriend I am not shopping there again and the manager the same thing.
Posted by gmac on 2013-09-10:
If you look at Claire's it looks laxed, it is a trap! That environment invites shoplifters!
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