QUESTION
If I tried stuff and didn't buy is it considered a crime?
Asked on Oct 04th, 2012 on Personal Injury - Florida
More details to this question:
I was shopping at a store looking for lipstick. I was trying the color I didn't damage nothing I was just looking for the right color. After I finished shopping and got what I need one of the customer service stopped me at the door and said to me that I can’t try stuff and don't bay for them. I didn't know that and they didn't put any sign. Any way after a long conversation he told me that don't be worried they are just going to make me pay the price of the stuff I tried and the will send a bill for me. I wasn't happy with that he gave me a number, I called them they said my case isn't in the system yet call when you get the bill. Today I got a bill with $300 but in mind that I tried stuff cost $16 and they said that I took the stuff which I didn't and informed me if didn't pay they are going to sue me. Additional information, I called them trying to know what’s going on they refused to explain nothing to me. Please help me I don't know what to do and I feel it’s unfair to pay them for nothing I didn't do.
10 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Let them sue you for $300.00, win the case and then sue them for malicious prosecution.
Answered on Oct 08th, 2012 at 10:41 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I cannot say whether you are liable based on the facts you describe. If the lipstick was not samples, than you might be liable for damage to merchandise, but only up to the value of what you damaged. If they sue you, they can only get a judgment, which is uncollectable if you have no assets, such as real estate. It is probably best to ignore them, or offer a settlement, such as $25.00, or whatever you feel is fair.
Answered on Oct 08th, 2012 at 10:40 AM
Your explanation is difficult to believe as a lawyer I doubt you're telling the truth or are making an accurate description of what occurred. No lawyer can give advice based on inaccurate facts.
Answered on Oct 08th, 2012 at 10:39 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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How would you like to buy someone's dirty lipstick You should have been arrested for filth violations.
Answered on Oct 08th, 2012 at 10:38 AM
Dont pay thatt 300 its a scam. they will not drop the charges even if you pay the $300 to hire an attorney.
Answered on Oct 08th, 2012 at 10:37 AM
You need to reply to them in writing that you are disputing the amount of the debt. If you do not dispute it, they can sue you. Even if they do sue you in small claims court for the $300.00, you will have proof of your dispute (b/c you will keep a copy of the letter you mailed to them).
Answered on Oct 08th, 2012 at 10:32 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your statement of facts doesn't make sense. You were trying on lipstick. How do you do that without spoiling a new product. You were asked to pay for what you despoiled. All that seems ok. Your statements about other products and other costs don't fit the facts you state. Start all over and state all the facts. You cant use up stuff or despoil stuff the store doesn't have to put up a sign to tell you not to despoil tubes of lipstick. That sounds like nonsense.
Answered on Oct 08th, 2012 at 10:31 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The first part of your question is "yes". Unless something is marked as a sample, once you open the package, that's shoplifting. Trying on a jacket is one thing, but lipstick is rather personal: suppose there was a sample color on display that you and anyone else who came through the store could try. I doubt that you would want to put your lips on something that had been on the lips of strangers. So once you used it, they could no longer sell it. As for the amount, that is unreasonable. The standard we usually see in NY is 5x the price, so you should not have to pay more than $80. Offer them that and if they refuse, let them sue you. If they do, tell the judge that they are trying to get excess profit from your mistake.
Answered on Oct 08th, 2012 at 10:29 AM
Ronald A. Steinberg
After you put on lipstick, do you expect anyone else is going to use it there is a big difference between trying on a pair of shoes, using footies, and trying on a pair of undies, without anything between your body and the undies, and putting on lipstick. Would you like it if you were eating in a restaurant, and I walked over and put my fork in your plate and sampled your food?
Answered on Oct 08th, 2012 at 10:28 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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That sounds like a scam and they are trying to extort money from you. If this was one of the sampler, that's definitely a scam.
Answered on Oct 08th, 2012 at 12:12 AM