gunderson99
Junior Member
I live in SE Wisconsin and on December 4, 2005 I was on my way down to the Chicago area for business. On our way down, my two co-workers and I stopped at Dominick's Finer Foods in order for me to get some sinus medication for a bad cold I had. After spending a few minutes looking for a cold medicine, I found what I was looking for and was going to check-out and leave. The bathroom happened to be right at the end of the isle and unaware that I was doing anything wrong, I walked into the bathroom to relieve myself after being on the road for two hours. To my surprise, I was greeted shortly thereafter by two security guards accusing me of stealing! They took me to the security office, and after explaining to them that I had no idea I was doing anything wrong, I was allowed to pay for the cold medicine and leave. However, before I left, I was told that they had to collect my information (address, phone number, etc...) and have me sign some sort of policy agreement for their records. The security guards seemed to agree that it was a misunderstanding.
Now on February 6th, I received a letter stating the following:
Dominick's
711 Jorie Boulevard
Oak Brook, Illinois 60523
Dear Mr. Gunderson
As you will recall, you were involved with our Security concerning your improper conduct regarding our merchandise. We are sure that you remember the incident and we do not believe that it is necessary to reiterate the facts nor bring up any painful memories.
Section 16A-7 of Chapter 38 of the Illinois Revised Statutes recognizes that situations like the one you were involved in do occur and that merchants, such as Dominick's, should be reimbursed for their los either by informal settlement with our customer or, if we wish, by instituting a civil action. The statute provides for our recovery to include the loss of the merchandise, plus an amount of up to $1,000, and attorney's fees and court costs. Enclosed for your review is a copy of the applicable section of the aforementioned state law.
However, from a review of the report of the incident and other factors, we are of the opinion that this unfortunate event will not be repeated by you, was probably a one time occurrence, and that this matter can be amicably resolved. Therefore, we are willing to settle the matter for a payment by you of three hundred dollars ($300.00) sent to the undersigned within ten (10) days. It is our hope that you will make this payment and close the matter without the need for us to further examine the options available for recovery. Please make your check payable to and mail payment to "Dominick's Finer Foods, Inc."
Kindly note that the payment of any penalty demanded applies only to the civil recovery specified herein.
If you should require any further or more specific information concerning this subject, please feel free to contact me at 630-891-5473.
Very truly yours,
Jerry King,
Civil Restitution Coordinator
At first I thought it was a scam… They had misspelled “statutes” and they did NOT enclose the applicable section of the aforementioned state law that they referenced. Not to mention the second sentence that read, “We are sure that you remember the incident and we do not believe that it is necessary to reiterate the facts nor bring up any painful memories.”
I have no history of theft or anything else for that matter except some minor traffic violations.
After calling to find out what was going on and trying to explain myself, they said one of their lawyers would be sending me a letter in the mail.
What are my options? Am I really liable and required to pay $300 for a simple mistake of using the restroom before I purchased the item? I’ve read section 16A-7 and 16A-3 of the Illinois Statutes and it describes it as one who has intent of keeping merchandise and depriving the merchant of the full retail value. That’s not the case here. I had no intention of stealing anything!
What can I do?
Thank you for any help!
-Brad
Now on February 6th, I received a letter stating the following:
Dominick's
711 Jorie Boulevard
Oak Brook, Illinois 60523
Dear Mr. Gunderson
As you will recall, you were involved with our Security concerning your improper conduct regarding our merchandise. We are sure that you remember the incident and we do not believe that it is necessary to reiterate the facts nor bring up any painful memories.
Section 16A-7 of Chapter 38 of the Illinois Revised Statutes recognizes that situations like the one you were involved in do occur and that merchants, such as Dominick's, should be reimbursed for their los either by informal settlement with our customer or, if we wish, by instituting a civil action. The statute provides for our recovery to include the loss of the merchandise, plus an amount of up to $1,000, and attorney's fees and court costs. Enclosed for your review is a copy of the applicable section of the aforementioned state law.
However, from a review of the report of the incident and other factors, we are of the opinion that this unfortunate event will not be repeated by you, was probably a one time occurrence, and that this matter can be amicably resolved. Therefore, we are willing to settle the matter for a payment by you of three hundred dollars ($300.00) sent to the undersigned within ten (10) days. It is our hope that you will make this payment and close the matter without the need for us to further examine the options available for recovery. Please make your check payable to and mail payment to "Dominick's Finer Foods, Inc."
Kindly note that the payment of any penalty demanded applies only to the civil recovery specified herein.
If you should require any further or more specific information concerning this subject, please feel free to contact me at 630-891-5473.
Very truly yours,
Jerry King,
Civil Restitution Coordinator
At first I thought it was a scam… They had misspelled “statutes” and they did NOT enclose the applicable section of the aforementioned state law that they referenced. Not to mention the second sentence that read, “We are sure that you remember the incident and we do not believe that it is necessary to reiterate the facts nor bring up any painful memories.”
I have no history of theft or anything else for that matter except some minor traffic violations.
After calling to find out what was going on and trying to explain myself, they said one of their lawyers would be sending me a letter in the mail.
What are my options? Am I really liable and required to pay $300 for a simple mistake of using the restroom before I purchased the item? I’ve read section 16A-7 and 16A-3 of the Illinois Statutes and it describes it as one who has intent of keeping merchandise and depriving the merchant of the full retail value. That’s not the case here. I had no intention of stealing anything!
What can I do?
Thank you for any help!
-Brad
