• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Judge Tells Macy's to Stop Shakedown of Minority Customers

Status
Not open for further replies.

Syriel

Member
When Samya Moftah walked into the Macy’s flagship New York store looking for gifts for her family last summer, she did not expect to be locked in a basement cell and charged with multiple crimes. Nor did the department store, already blighted by allegations of racism, expect to have another lawsuit on its hands.

On the way out, a Macy’s Herald Square manager pulled Moftah aside by the arm, and told her that she needed to accompany her to an office, and that she had shoplifted, according to an affidavit provided by Moftah’s attorneys from the Usar Law Group. She thought she would show the manager her receipts and be on her way, and followed her into an elevator with her purchases.

The manager approached her with documents, and told her to sign them repeatedly and pay $100 in order to go home. Moftah hadn’t eaten all day – it was Ramadan. When she began to cry, she was threatened with handcuffs and taunted for stealing during Ramadan and being Muslim, according to her affidavit. The Macy’s manager returned and told her the new price to go home would be $500. When she refused to do so, her credit card was removed from her wallet and charged for the full amount.

The police arrived and as she asked for help, they arrested her. Moftah was released at midnight, and charged with petit larceny and criminal possession of stolen property in the fifth degree. After several court appearances, the court dismissed the criminal charges against Moftah on 16 March 2016.

The laws are meant to shield retailers. The opinion from Judge Manuel Mendez states: “Macy’s has combined the power it was given under the statutes by using this power as a double-edged sword instead of a shield.” He reasoned further that there is no language in the statures that allows Macy’s to detain an individual once an internal investigation is complete. The actions the class action alleged were seen as a violation of due process.

The court enjoined Macy’s from “demanding, requesting, collecting, receiving, or accepting any payments” that connect with the statutes from suspected shoplifters while detained in Macy’s custody.

Usar said: “We are claiming is that this is all by design. To accuse someone, hold them, charge them money, and then transfer them to the criminal justice system. Orellana and Moftah went to the court to prove their innocence. It’s like the police pulling you over, giving you a ticket and demanding money on the spot. If not worse.”

Source:
https://www.theguardian.com/business/2016/jul/01/macys-shoplifting-detention-fines-lawsuit-ruling

Macy's said it stopped "civil recovery" in fall of 2015, but this doesn't appear to have been an isolated incident from the court records.

One of the few times when a class action seems like it could be totally legit. The full story at the source talks about another woman who was similarly detained and told she had to pay money before being allowed out.

It's the kind of thing Macy's wouldn't dare do to a middle-class white customer because doing so would result in lawsuits the day of. Sounds like a pattern of targeting individuals who did not have the resources or the knowledge to assert their rights.

Good on the judge for ordering it to knock that shit off. Hopefully those suing get some recompense for all their losses, and not just a $20 coupon off a future purchase.
 
What fucks. Think they get some goodwill for dunping Trumps crap, yet they were practicing institutionally racist things themselves.
 

kirblar

Member
They were teamed up with the NYPD doing this - there's a reason these stories keep coming specifically out of the NY department stores. They're feeding into each other.
 

KDR_11k

Member
That sounds like something that should carry major penalties for the company and the specific people involved. Illegal restraint is pretty major, right?
 

entremet

Member
They were teamed up with the NYPD doing this - there's a reason these stories keep coming specifically out of the NY department stores. They're feeding into each other.

I believe this also happened with another department store a few years ago. NYC as well.

It a higher end store and involved a black teen buying a belt.
 

kirblar

Member
I believe this also happened with another department store a few years ago. NYC as well.

It a higher end store and involved a black teen buying a belt.
There have been multiple incidents over the years that have made the press, that was one of em, another was with a pseudo-celeb IIRC.
 

TAJ

Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.
How is this not considered kidnapping?
 

wildfire

Banned
They were teamed up with the NYPD doing this - there's a reason these stories keep coming specifically out of the NY department stores. They're feeding into each other.

No this is one next level beyond the story we've heard. The other stories were about assaulting wrongly suspected shoplifters Now this is about extorting them for money on top of physically violating them. This is extra shameful and doesn't matter if they ended the practice because of how recent this all is.
 

kirblar

Member
No this is one next level beyond the story we've heard. The other stories were about assaulting wrongly suspected shoplifters Now this is about extorting them for money on top of physically violating them. This is extra shameful and doesn't matter if they ended the practice because of how recent this all is.
It's happening to this degree in these locations because the NYPD will sit back and watch it happen and encourage that kind of egregious behavior. It's a feedback loop.
 
When my sister was like 15, she and a friend tried to shoplift some clothing from Macy's, and 2 male employees and a female employee brought the girls to a little room and made them strip down to their underwear.

When my dad was finally called in, the employees were arguing with the other girl's parents and threatening to call the police. He pointed at the female employee who had been there when the male employees made them strip and yelled "YOU SHOULD KNOW BETTER!" at the top of his lungs, and just grabbed both girls and the other parents and dragged them out of the store while all of the employees and customers just stood there stunned. Nobody ever called the police and that was that.
 

Mesoian

Member
Macy's has been a collective shitbird for a long time now. There's no reason to shop at that store.

I had two incidents at Macy's as well, both times after buying perfume for my SO.

It's anecdotal, but the straw that broke the camel's back for me was when, on multiple occasions, the gift cards purchased by my family (african american) were never activated. One transgression, maybe a clerk was just having a bad day. Multiple transgressions? Something is up. Brought it up on social media and was told by whoever is in charge of that "tough luck and enjoy our sales".

Fuck Macys.
 

MCN

Banned
Exactly. How is it legal to remove someone's credit card from their wallet and charge it against their wishes?

She can get it charged back if she calls her credit card provider, right? I fucking hope so. What Macy's have done is some fucking mafia-level bullshit.
 

Kieli

Member
She can get it charged back if she calls her credit card provider, right? I fucking hope so. What Macy's have done is some fucking mafia-level bullshit.

Yes, but that they even did it in the first place is completely shocking.
 

Amalthea

Banned
Why exchange goods for money if you can just forcibly take it from the people?

I bet cleptonomics is gonna be the 'new big thing' in the future.
 
Poor woman. There's no way I'd let myself be detained by some mall store manager, let alone take my fucking credit card, but then again I'm a dude.

This is abhorrent behavior. I almost wish I shopped at Macy's just so I could stop and have it mean something.
 

Jenov

Member
Uh, yeah, that practice needed to stop. Macy's was straight out revenge-robbing people even on suspicion of shop lifting, wtf. Glad they're in court over it.
 

alife

Member
Now I want to go to Macy's and see if some asshole manager tries to put his hands on me and take my wallet.

sVyH20F.gif
 

Culex

Banned
cant punish job creators too harshly.

Because the law allows them to hold you and charge you for the merchandise, regardless if you stole it or not, up to 500 dollars.

Only problem is that Macy's was abusing the law and basically using it as way to earn extra money illegally.
 
Status
Not open for further replies.
Top Bottom