Civil Recovery Demands (Shoplifting)

Retailers in the 50 States of the United States have the authority under state laws, that have been passed within the past several decades (starting in 1973cite book | last = Nemeth | first = Charles | authorlink = | coauthors = | title = Private Security and the Law | publisher = Butterworth-Heineman | date = 2004 | location = | pages = 243 | url = | doi = | id = | isbn = 0750677708 ] ) to demand civil damages by letter notice from apprehended shoplifters.cite book | last = Budden | first = Michael | authorlink = | coauthors = | title = Preventing Shoplifting Without Being Sued | publisher = Greenwood Publishing Group | date = 1999 | location = | pages = 128 | url = | doi = | id = | isbn = 1567201199 ] A conviction for shoplifting (theft) is not a prerequisite to the civil demand for damages by the retailer. The civil demand can be made and settled before a civil lawsuit is filed against the shoplifter in the appropriate civil court. A civil demand may be made by the retailer under most state laws whether or not a criminal prosecution has been initiated by the retailers' loss prevention personnel or local law enforcement.

pecific States

California

California's "civil recovery" statute is California Penal Code section 490.5(b) and (c). cite web|url=http://caselaw.lp.findlaw.com/cacodes/pen/484%2D502.9.html |title=California Penal Code |accessdate=2008-02-22 ] The statute provides that a person who steals merchandise from a merchant or a book from a library may be civilly liable to the merchant or library for between $50 and $500, plus costs, plus the value of the item stolen if it has not been recovered in its original condition. The parent(s) of a minor may be sued if the crime is committed by an unemancipated minor. An action to recover damages under this section may be brought in small claims or traditional civil court.

Oregon

The Supreme Court of Oregon held that Oregon's civil recovery statute is constitutional. cite court
litigants = Payless Drug Stores v. Brown
vol = 708
reporter = P.2d
opinion = 1143
pinpoint =
court = Oregon Supreme Court
date = 1985
url= ]

Tennessee

Tennessee law allow the recovery of the greater of $100 or twice the value of the stolen item. cite web|url=http://www.attorneygeneral.org/shoplift.html |title=Shoplifting Statutes and a Sample Civil Complaint Form Letter |accessdate=2008-02-22 ]

Further reading

cite news |url=http://online.wsj.com/article/SB120347031996578719.html
title=Big Retail Chains Dun Mere Suspects in Theft
last=Zimmerman
first=Amy
work=The Wall Street Journal
date=2008-02-20
accessdate=2008-02-21

References