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Movers Stole My Kindle Fire

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KET

Junior Member
What is the name of your state (only U.S. law)? New York

I did a local move within NYC last week and hired a moving company that is well known in the city. I have used them two previous times with good results. The move went well, I tipped the movers $75 each in advance (well over 20% of the total cost of the move) and there were no disagreements or unpleasantness. It was a long day, but the move was pretty smooth.

That night, I went to the plastic bin where I'd put items that I knew I'd need right away. I looked for my Kindle Fire, but only found the power supply. I started tearing apart boxes and did so for the next two days. It was gone. I called the moving company and was told that they would do an investigation which included questing each mover from the crew. They said that they take theft very seriously and I'd hear back from them the following Tuesday. Well, it's Wednesday and I haven't heard back. I called the woman I spoke with in the insurance department and she said she had not heard back from HR yet. She is going to follow-up and get back to me.

I have a bad feeling and suspect this is not going to end well for me. I can't prove that the movers stole the Kindle, but it's definitely not among my possessions which have all been unpacked. The bin was see through and the lid was not securely closed. The Kindle would have been easily visible and accessible. What do I do? I checked the contract I signed and it does not mention anything about theft, only damage. Should I file a police report right away or do I try to deal with the moving company first?
 


Zigner

Senior Member, Non-Attorney
You have no proof what-so-ever that the movers stole your item. None. Zero. Zilch.
 

KET

Junior Member
You have no proof what-so-ever that the movers stole your item. None. Zero. Zilch.
So what does that mean then? I'm out of a Kindle with just the nagging knowledge that someone stole something that belonged to me?
 

TheGeekess

Keeper of the Kraken
So what does that mean then? I'm out of a Kindle with just the nagging knowledge that someone stole something that belonged to me?
I certainly hope you've disabled this Kindle Fire on the Amazon site. Otherwise, you've left your Amazon account open to the world. :cool:
 

KET

Junior Member
So what does that mean then? I'm out of a Kindle with just the nagging knowledge that someone stole something that belonged to me?
I didn't even think about that because I only use it for reading. I'm not sure it's even associated with my Amazon account, BUT now that you mention it, I was just looking at my Amex bill today and saw a pending charge for $1 from Amazon that I didn't recognize.

Appreciate the heads up.
 

Zigner

Senior Member, Non-Attorney
I'm out of a Kindle with just the nagging knowledge that someone stole something that belonged to me?
Yes.

To be clear, there's no harm in pursuing this with the company and/or their insurance, but when push comes to shove, you have no evidence of your allegation.
 

Zigner

Senior Member, Non-Attorney
I didn't even think about that because I only use it for reading. I'm not sure it's even associated with my Amazon account, BUT now that you mention it, I was just looking at my Amex bill today and saw a pending charge for $1 from Amazon that I didn't recognize.

Appreciate the heads up.
I'm glad you caught the possible unauthorized charge.
 

KET

Junior Member
Just spoke with Amazon and they told me that my Kindle was de-registered from my name and re-registered a minute later to someone else two days after I moved. They couldn't release the account information to me, but they told me to file a police report and they will release the information to the them. I'm going to do that, but I don't have much hope that the NYPD has the time to follow-up on my Kindle. However, I do think that is proof enough for the moving company to justify replacing it for me. What do you think?
 

Zigner

Senior Member, Non-Attorney
Just spoke with Amazon and they told me that my Kindle was de-registered from my name and re-registered a minute later to someone else two days after I moved. They couldn't release the account information to me, but they told me to file a police report and they will release the information to the them. I'm going to do that, but I don't have much hope that the NYPD has the time to follow-up on my Kindle. However, I do think that is proof enough for the moving company to justify replacing it for me. What do you think?
Really?
As opposed to you selling it for a few bucks and now trying to get them to buy you a new one?
Or, as opposed to your buddy coming home with you that night and seeing the Kindle in the crate and grabbing it while you ran to the bathroom?

No, I don't think that, in and of itself, is proof of WHO took the device.
 

KET

Junior Member
Really?
As opposed to you selling it for a few bucks and now trying to get them to buy you a new one?
Or, as opposed to your buddy coming home with you that night and seeing the Kindle in the crate and grabbing it while you ran to the bathroom?

No, I don't think that, in and of itself, is proof of WHO took the device.
It's proof if the name of who registered it matches someone who works for the mover.
 

LdiJ

Senior Member
Really?
As opposed to you selling it for a few bucks and now trying to get them to buy you a new one?
Or, as opposed to your buddy coming home with you that night and seeing the Kindle in the crate and grabbing it while you ran to the bathroom?

No, I don't think that, in and of itself, is proof of WHO took the device.
Well, once the police follow up and get the information from Amazon, it will certainly prove who has the Kindle.
 

KET

Junior Member
So I filed the police report and the cop at the desk was nice enough to tell me that no one would be following up to contact Amazon. As I suspected, the NYPD is way too busy and understaffed to follow-up on every report, especially for a $159 item. She did think that I had enough information against the movers for the moving company to reimburse me so I'll be concentrating my efforts there. I'm already sensing the runaround from them, but I intend to be persistent.
 

You Are Guilty

Senior Member
Step 1: Get a copy of the police report once it's ready.

Step 2: Do yourself a favor and at least try the AG's office first before you waste several dozen hours chasing your tail: http://www.ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint

Step 2a: Also worth a shot (it's also free), is the DOT, which regulates in-state moves: https://www.dot.ny.gov/divisions/operating/osss/repository/Household goods complaint form.pdf

Step 3: If none of that works, go here: http://associatesmind.com/2013/04/24/how-to-subpoena-amazon/. Do everything it says.

Step 4: If new amazon account matches name of mover, go back to NYPD and amend your report. This may be enough to get their interest, particularly if this guy has priors. Do not hold breath.

Step 4a: If NYPD still not interested, sue Moving Co. AND Mover in small claims.

Step 5: Expect Moving Co. to argue they are not liable for the intentional criminal acts of their employee as the scope of their employment. Do not be scared of legalese. (If feeling particularly ornery, quietly mumble "negligent hiring" and walk away).

Step 6: Just buy another Kindle and chalk it up to a cheap life lesson.

Good luck!
 

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