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Civil Procedure

Judge plans to go into 'uncharted legal territory' to stop Macy's from collecting shoplifting fines

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A Massachusetts judge says he thinks an appeals court needs to decide whether Macy’s can collect $500 fines from suspected shoplifters, and he has a plan to make it happen.

Judge Douglas Stoddart of Natick said he had twice ordered the department store to stop collecting the fines, but the store is not abiding by the injunctions, Metrowest Daily News reports.

Suspected shoplifters at Macy’s are brought into a security office and told they can pay a $500 fine to avoid a civil prosecution, the story says. Stoddart has said the fines are coercive because some suspects have difficulty speaking English and think they have to pay up. “You have security guards acting as lawyers,” Stoddart said.

The judge said he plans to issue a permanent written injunction and he expects Macy’s to ignore it. “I will find Macy’s in contempt and issue a sanction that will be monetary in nature, and my guess is Macy’s will ignore it,” Stoddart said. “I will then go into deeper uncharted legal territory and order the sheriffs to go into Macy’s cash registers and physically remove the money for the fines. And then I expect that you will appeal it.”

The lawyer for Macy’s, Daniel Field, maintained there was no coercion. He also said Stoddart could not issue an injunction because there is no outstanding case or complaint against Macy’s. A case that originally raised the issue has since been settled he said.

Stoddart agreed it was a legal question deserving of consideration on appeal, according to the account by Metrowest Daily News. “If I can get over that hurdle, I think I’ll win,” Stoddart said.

See also:

ABAJournal.com: “Judge acquits tourist in Macy’s shoplifting case linked to racial profiling claims”

ABAJournal.com: “Accused shoplifters are nabbed by the long arm of retailers, not cops”