EB Games makes it into the Hall of ShameFollow

I was shocked when I read this.

I couldn't believe how it was handled by EB Games. Time to find me a new software merchant.

But the items was proven to be stolen. Why should she be punished by having to buy the items back that was stolen from her. And items EB Games sold before the 15 day hold time required by Florida sate law she's just out of luck on.

That just don't seem right to me.

touchy situation. IMO, the fool that stole the stuff should be forced to work until he reimburses her. The store, however, DID violate state law and not hold the merchandise for 15 days before selling...they should be held accountable too.

both broke the law, both should be held accountable.

It sounds like the theft victim acted rashly in repurchasing the games.

Usually situations like this can be resolved with a letter or two to corporate headquarters. Small claims court would have been another avenue to pursue.

I'm not defending the theif or EB games in any way. Thieves by and large are a pretty contemptable lot. It sounds like the game store manager was a jerk. That's why it's often better to do an end run around them.

I'm curious how much of this is just media hyperbole though.

Most interesting is that the article is careful to mention that the thief admitted to the crime just two days after the fact. It then says that 5 days after that he signed a written confession (Presumably to the police) to that effect.

However, suspiciously absent is exactly when the victim went to EB and asked to get "her" stuff back. While the article says that she called up the corporate headquarters and the general managers about the issue (but hadn't gotten a call back), but it does not say whether she did this before or after buying her own stuff back.

My problem is one of the timeline involved. It's not clear. I find when reading news articles that if a timeline isn't clearly presented, that usually means that it's being left out to make the story seem more dramatic then it really is.

After all, if they actually told the reader that she went immediately down the the store the day she heard that her stuff had been sold to EB and demanded the items back, it wouldn't have nearly the impact. The semi-intelligent reader would realize that this was a full 5 days before the "official" confession to the police. This was certainly long before the guy working the counter at EB would have anyway to verify her statement. If you were working the counter at EB and someone came in claiming that some list of stuff in your stock was stolen from her and insisting that you just give it to her now, would you do it? Not a chance. That's a common scam...

Even if she waited that 5 days, it's not like EB has a connection to police headquarters folks. They have no idea what some 19 year old just wrote in a confession to the police. Again, they have no way to verify the story when she comes to collect her stolen stuff.


We're also not told the exact process she went through to attempt to get her stuff. What she should have done was taken the police report list (which she presumably filed when she reported the crime), and the police report showing that the thief admitted to selling the goods to EB, and taken it to the EB store. She should then have shown the list to the personel (manager preferrably and advised them that she would be seeking the return of her property and would like to know what process to follow). This would have given the manager the heads up needed to make sure to put the items aside to prevent their sale (this is problematic given the specifics of the circumstances, but that's not the point). She would then be able to contact the proper chain within the corporation so they could verify the facts and get her stolen propery returned to her.

She should *never* have purchased the goods at any price. Given the vagueness of the story, I'm betting it wasn't so much a refusal by the store to give it back and an insistence that she pay for her own property, but it probably went something like this:


Woman: Um... This stuff was all stolen from me. I want it returned.

Clerk: Really! Wow. Um... You'll have to talk to my manager and then go through the corporate office to get that stuff returned. I don't have the authority to do that right here.

Woman: But it's my stuff! How dare you not give it back to me. This person <X> stole it from me. He admitted he stole it and that he sold the stuff here. You've got to give it back now.

Clerk: Yes maam. And when we verify that this is true, we will. However, I can't verify that, and so I can't give you anything at this time. I can however allow you to purchase anything on the shelves at this time. Used goods are half price.

Woman: What? You want me to pay for my own goods? What do you mean you can't verify my story! Are you saying I'm lying!!!

Clerk: No. I'm not. I'm just saying that I can't give you your stuff at this time. However you can purchase used goods if you want. I'm sure most of the stuff that was stolen from you is available for sale.

Woman: Well. If that's the only way for me to get my stuff back. Sure. But you'll be hearing about this.

Clerk: Sure. Well.. That'll be 109.58. check or cash...?


Sure. The store may be in trouble for selling the goods without waiting for 15 days, but I doubt it's that big of a deal really. But that's a completely different issue. The fact is that this woman was a total moron in how she delt with this situation. I find it hard to believe that any store would not give stolen goods back (they're required to by law anyway). She just didn't bother to wait for the police to contact the store and for the right process to go through.

What I'm really curious about is that apparently she was so despearate to get her games back that she was willing to pay to get them "now" rather then simply file a claim and wait like everyone else. Of course, she'll probably get a bunch of free stuff out of this in the long run, so I guess in a pathetic way, this was the best thing for her to do. Hurry for our crappy society...

good points gbaji and invis...didnt think of that.

Invisible, I'm curious. When your store takes in used merchandise, do you record serial numbers and/or item descriptions? Does any of this information get sent to the police? That's how pawn shops in my state operate. I would think EB Games would have to follow the same laws regarding used merchandise they purchase.

From the article:


I'd be very suprised if all states didn't have similar laws. If so, your store is in pretty clear violation of it, by your own admission.

It's not "silly" to apply these laws to business that deal in second-hand merchandise. Businesses like this have to be especially vigilant in adhering to these laws or they lose their licenses.

The merchandise they deal in is easily transported and obviously, easily sold. The store employees also aren't allowed to question the ownership of goods brought by customers. It's bad customer service and possibly libelous. Sounds like thief fodder to me. Add in a store that ignores the law? Hey fellas, here's our fence.

I'll use a pawn shop as an example as I'm married to a pawnbroker. Very Common Scenario: Scruffy L. Customer walks into store with 5 brand new, still in box PS2s. He doesn't want to pawn them, he wants to sell them outright. The employee completes the transaction, punches the information into the computer and gives Scruffy his cash. The store employees know they probably bought a bunch of stolen goods.

At the end of every business day, a record of the store's transactions is sent to the police.

Their only legal obligation at this point is to hold the goods the required length of time in case they're informed by the police the items are stolen.

How do you not end up buried in held merchandise? Be selective in what you purchase. How do you avoid the fast depreciation factor? You don't (or you pay less.) That's simply one of the costs of that type of business. It's one of the reasons most pawn shops won't take in computers, no matter how good. They simply depreciate too fast.

I'm not sure why you think EB Games are so different than pawn shops in their treatment of secondhand merchandise, Gbaji. They sound very similar to me. Electronics (including games and gaming systems) make up a significant part of a pawn shop's inventory.

Edited, Wed Mar 10 16:00:38 2004 by Yanari

No. Keep in mind I live and work in Maryland, where said laws in discussion may not exsist here. I haven't been managering too long, but they never been brought up by my DM when I was trained. But the majority of the newer systems that are traded in are in the back room for a an extended time. Broken ones get shipped out pretty fast. Casue they are broke and all, can't sell em. It'd be a matter of looking at the systems at that point. We do take down the name, address and phone number of everyone who trades in anything. Course possible to fake those.

Games that are traded in are gutted and the case put out on the shelf that day generally, but the game remains in the store for some time, or we have another copy of it. So if it were stolen, it'd most likely be available in some form or another. Unless it was a really old or rare game, then one of the employes generaly buys it. Like me. Point is I have enuff merchandise that would be the would be the same. They had a PS2 stolen and some games. They bring a seize order. Well I'm not sure whast there, and I'd be willin to bet 95% of those people don't have thier system serial number somewhere where they can find it. It's on the recipt but folks loes 'em fast when they need 'em. I can give them a unit that will be just like what a thief would have traded in. I have about 6 or 7 refurbished (sent out, re-worked and tested PS2s) in the back at all times. So they'd probably come out better in that regard. So it isn't really necessary for me to hold or write stuff.

-----------------------------------------------------
Yes, here is the serial number for my system.

Oh, this matches one of the broken ones I already shipped out.

Yeah that's right .. this is ... my .. sisters ... serial number, I'll take a working one.
-----------------------------------------------------

So, in any case I'd be able to give them the same items that were stolen, just not exactly what was theres most likely.




If I had my system and games stolen, I wouldn't give a rats *** about the system, it'd be my games. Lot of hard to find ones, so if I went to an EB and only managed to get games back after they were stolen, I consider it a blessing. The fact that I have the chance to get some of my stuff back after it being stolen puts me way ahead of the game. Adhering to law is an important thing, but perosnaly I wouldn't complian if got par tof my stuff back. Beats getting jack like most victims of theft.

Edited, Thu Mar 11 12:12:49 2004 by Invisible

Well, they are customers too, when they aren't on the clock. The employes and myself would pay what the customer would for any game. So if they buy it or some other guy, it makes no difference. Call it an employee perk I guess.

It's not like you to Naive Pat, come on you can't honestly say you don't know that this happens. It is common practice in the retail industry that staff have first shot at any rare stuff that comes into the store, be it books, DvD , Games etc.

Thats the main reason alot of kids take a job at a games store, they get to see all the cool stuff coming in and they can get it before it sells out.