Thought EB was bad before??

[Gamereviewgod]

http://www.abcactionnews.com/stories/2004/01/040129hallofshame.shtml

What a bunch of a$$holes...

[Darth Sensei]

Well, in all fairness, the perpetrator is the one who owes her the money. However, in the interest of public relations, they should have charged her exactly what they paid for the stuff if not just give the stuff back.

Why on earth would EB (or any sane company) risk a public relations nightmare for $87?

D

[Wisekraker]

OMG !!! I thought they were theifs when they started requiring you have to purchase 2-3 Kraptastic games to prepay for a new system before release.

" I'm sorry sir, but you cannot prepay for your Gameboy Advance unless you also prepay for 3 of the crummy release games" :angry:

[Packerfan66]

That story really pisses me off. I'm going to drive to the mall right now and punch the EB manager in the face. It isn't even the same location as the one that did this but since he works there he's probably done the same thing.

BTW Cuewarrior where is that fat kid from?

[portnoyd]

"A spokesperson for EB Games told Action News anchor Ren Scott, "this is an unfortunate situation and this rarely happens. "

Rarely happens my ass.

Talking to Funco friends, they say you can get your stuff back, you just need to bring the police in tow. :o

dave

[Darth Sensei]

That story really pisses me off. I'm going to drive to the mall right now and punch the EB manager in the face. It isn't even the same location as the one that did this but since he works there he's probably done the same thing.

BTW Cuewarrior where is that fat kid from?

A buddy sent me a link for it because he laughed his ass off. So, I thought it would make a good avatar. I'm not sure who it is or what the circumstances are. :D

D

[Kejoriv]

Friggin EB. That story makes me really mad. What is $87 to a huge company life that?

[davidbrit2]

I'm no legal expert, but from what I understand, transactions involving stolen goods are null and void, as the stolen merchandise still belongs to the person from whom it was stolen. Essentially, EB is selling her stuff, and refusing to compensate her. Not only that, they might be selling evidence. If I were that lady, I'd walk (or possibly drive) to the local police department and file a report against EB. If she's done her warranty registration, her serial numbers should be on file, and possibly subject to subpoena if necessary.

I know, this is a lot of trouble for less than $100 in merchandise, but it's best that complacency not be considered an acceptable legal precedent.

[Gamereviewgod]

There's a video link for you viewing pleasure under the first pic....I nearly missed it.

[kai123]

If that kid had sold me the stuff I am sure the cops would have been all over me in a heart beat. If she has proof it is hers then how can they be in the clear at all?

[Mr. Smashy]

I was under the impression that EB Games only takes used stuff for store credit. Shows what I know...

The authorities really should have been involved in this one.

[sisko]

It's only $87 to the company.

To the customer, she lost $87 + what the thief got + the value of her PS2 and games she couldn't get back.

That just really sucks....

[crashdummycow01]

the video says that any store that sells used games and stuff has to hold it for atleast 15 days before selling it, so this doesnt happen... and according to the video, they ILLEGALLY sold the ps2 to someone else. Also the video mentioned that this is a multi-billion dollar company... and i too dont see why the hell they dont just give her back the stuff... they'll lose what... maybe a couple hundred dollars??

[tholly]

cuewarrior.... very funny avitar

but as for the topic, besides selling it before waiting for 15 days, i dont think eb is at fault at all. they took in a trade in and gave credit for it...their normal policy.

the lady really needs to go through the police or the courts and try to get her money / items back from the kid that stole them.

[tssk]

In Australia second hand stores need to check ID (and log it for each group of goods they buy.)

If the process breaks down and it can be proved that the goods are stolen the true owner in the presence of a police officer can reclaim the goods.

Some second hand stores out here used to get around this by moving goods interstate though :angry:

EB are in the wrong over this. True, the thief is the original one at fault.

However, what EB is saying is that they feel justified at profitting from the proceeds of crime.

The right thing to do is return her goods.

They should at least offer her the goods for the ammount they paid mthe thief.

But trying to maintain a profit margin?

Stuff that.

[Dahne]

That doesn't include her Playstation 2, game, and memory cards, which the store had already sold and Michelle cannot get back.

Ouch. Losing the cash involved is bad enough, and now everything on those memory cards is kaput. O_O


In Australia second hand stores need to check ID (and log it for each group of goods they buy.)

Appears that living in a country founded by crminals has its perks. :P

[VinnyT]

I remember one time, when my brothers friend was borrowing some N64 game of my brothers. My brothers friend traded the game in at Funcoland, not thinking about the fact that it wasn't his. When the clerk was told about this, we got the game back for free.

Thought I'd throw that in.

[rbudrick]

Founded by criminals? WTF is that supposed to mean?

-Rob

[RetroYoungen]

EB has really stepped in shit here. I don't think I'll be doing too much of my business there anymore.

I remember when my local Funco was really a Funco and not an EB... those were the days; better prices, good people (one lady who worked there even shared her GI subscription with me because I did so much business with her. I hope she's doing well, she was the nicest lady I ever did any sort of business with), fun atmosphere, and corny yet amusing commercials.

What a shame and a disgrace.

[farfel]

Boycott!

EBgames knowingly violates the law and does nothing to fix the problem. It's like they think they can just do whatever they want. Screw them.

[Dahne]

Australia was originally colonized as a place for the British to send their criminals.

This history factoid brought to you by Soylent Inc. Soylent: Mmm, crunchy!

[sisko]

In Australia second hand stores need to check ID (and log it for each group of goods they buy.)


They're supposed to do that here as well. So would that be the 3rd law EB broke?

[Balloon Fight]

EB outdoes themselves weekly. Just give the poor lady her stuff back, or give her credit or something.

[jdc]

It's about time that EB just went away for good. No one really likes them or their policies much.

I love the way that balance due is put onto an EB card....and over time they magically "cancel" any unused cards. I just went to my local EB, EB cards in hand....and lost $50 in credit because I'd decided to hang onto them until I really needed something. I'm out $50 and those jerks profitted.

I'll never set foot in another EB again. I'm done with their "policies".

[Evil E]

EB games can go suck a d*ck!!!!!! They are truly a bad company!!

[crashdummycow01]

I'm sure EB will give her the items back...she'll just have to trade in 3 non sports titles to get them back LOL

[davidbrit2]

This whole thing just tells you how fucked up the American legal process is, in addition to disgracing EB.

The lady still owns the goods.
EB has said goods.
EB refuses to give these goods to the person who still owns them.

This should be such an open and shut case. Any sane "due process" would have this finished in 72 hours TOPS.

And if any more details about this pop up, be sure to post info here, just in case we really are walking around with only part of the story.

[brykasch]

I would be getting my money's worth out of this neighbors kids ass. Sue the parents (if neighbor is under 18) and eb. I don't usually do business instore, I do all my gaming business at gamestop, caveman, and game exchange. I can't vouch for gamestop as I don't do trade ins with corporate chains, the other two have always asked for id on trades and sales of items you bring in. I doubt many gamestops or eb's wait 1 day let alone more to sell stuff. But then every state's laws are different.

[whoisKeel]

i wish i could watch the video, it is broken link now.

again, i'm gonna jump on this and just say how much i hate EB...the only good thing is that sometimes you can get stuff before it's release date (which is a no-no anyways). Their prices are bad, their employees are bad, and their stores are a mess.

someone start a boycottebgames.com please.

[spooie]

EBWorld has tried to rip me off in the past as well. Sold me a used game as a "display copy", refused to let me return it, telling me I had to go to a different EB (EBX) to ask them if I could exchange it first. So I went there, and the guy wants to give me another used copy in place of it. I ask for the money back and they take the game, then one of the managers comes out and starts acting like I never brought back a game to begin with. Once the other clerk comes back and explains the situation, he scoffs at me and the idea that the game is used, and has me fill out paperwork to return it. Why they need to know my address and phone number to return shoddy merchandise, I'll never know.

So if you're at the Crossgates Mall in Upstate NY, BEWARE!

[maxlords]

I'd be suing their asses over a deal like this. Not only do they KNOW they're violating the law, but they don't care. You can't legally SELL back stolen merchandise cause it doesn't bloody belong to you. You'd win in small claims court for sure, and win damages too :)

[GrandAmChandler]

Just email EB customer service with the link thats what I did.

[farfel]

"cancel" any unused cards. I just went to my local EB, EB cards in hand....and lost $50 in credit because I'd decided to hang onto them until I really needed something. I'm out $50 and those jerks profitted.

Lots of stores do that although most just charge a monthly fee until, over time, the card equals $0. And 20% of customers don't use their gift cars so that's why stores push them so hard.



I see two things EB did wrong:
- Break the law. They're supposed to keep things for 15 days before selling them They sold the PS2 under 15 days.

- Break the law #2. EBgames sold the products back to the victim. And they did it at $87 profit!!! They are required to GIVE the products back and take the loss in money.

I think the government should be arresting the manager. They won't of course. If you or I break the law the police are on us like flies on a picnic. But a business? the police just look the other way and do nothing.

But I think the government should arrest the EBgames manager. It will teach himr to obey the law next time.

[Oobgarm]

I'd be suing their asses over a deal like this. Not only do they KNOW they're violating the law, but they don't care. You can't legally SELL back stolen merchandise cause it doesn't bloody belong to you. You'd win in small claims court for sure, and win damages too :)

We're told at Gamestop that if you suspect the merchandise is stolen, don't accept it. It doesn't take a rocket scientist to spot your average dirtball/drug addict who brings in a PS2 and games to sell for cash.

This example is a perfect reason why I hate giving cash for stuff at the store. Every backward-ass white trash fuck comes in with piles of stuff for cash. I understand that people get in binds every now and then and have to sell stuff off, as I've done it before myself. But if you're bringing in things to sell on a regular basis? Either you're a theif or you really need to learn to budget your money better.

I've never been privy to a person claiming that we've sold their stuff which had been stolen. We've had some police investigations, sure, but that is why we take down ID information and make it available to law inforcement if need be.

EB needs to bite the bullet on this one and give the woman her stuff back.

[Packerfan66]

It's about time that EB just went away for good. No one really likes them or their policies much.

I love the way that balance due is put onto an EB card....and over time they magically "cancel" any unused cards. I just went to my local EB, EB cards in hand....and lost $50 in credit because I'd decided to hang onto them until I really needed something. I'm out $50 and those jerks profitted.

I'll never set foot in another EB again. I'm done with their "policies".

There is no way I would have taken that shit. I would have grabbed a arcade X-box controller and walked out of the store.

[bufftbone]

This would be the perfect time for Gamestop to find this lady and win her over. This is how they could do it.

GIVE her a PS2 system, a memory card and a store credit for the amount that she had to pay to get her stuff back. Those damn stores (EB AND Gamestop) make enough money and get enough free stuff from vendors that they could afford to do it. It would win her over as a customer (if it hasn't already) for life.

As far as EB, they should've given her her stuff back (or a replacement in the case of the sold stuff) and went after the kid for the money since he had a written confession (or bit the bullit).

I don't even know how corporate is standing behind the manager in this case seeing that he broke a law (which I'm sure that wasnt a first for that store and was probably directly ordered to sell stuff right away from the distraict manager) and they are screwing over a customer who made her problem known on a local (and now national) level. They could've saved face by telling them how sorry they are and promptly returned her items to her then delt with the manager on a private level. I hope Jeff Griffins and Steve Morgan are PROUD!!

[Achika]

I've always been told if we have the notification before hand, confinscate the stuff, make some excuse, go in the back room, call the police, and stall.

Around here, it's a weekly occurance where we get notification where something is stolen and we need to watch for specific games, serial numbers, etc.

With the managers I've had in the past, we don't make the customer buy it back, but it may take some time for the paperwork to be done so they get something.

[Jasoco]

I was under the impression that EB Games only takes used stuff for store credit.I know GameStop only gives credit, but according to the sign in EB's windows, they give "Cash for Games". So, there ya go.

In fact, here's part of the sign in this image:
http://www.abcactionnews.com/images/stories/2004/01/0129ebgames.jpg

[tonyvortex]

having worked at funco and having friends who work at both i honestly see no differance between gamestop and eb.im sure there are gamestops who do the same thing as this eb,its just this eb was caught.dont just hate eb,hate all corporate game stores.

[Griking]

I know GameStop only gives credit, but according to the sign in EB's windows, they give "Cash for Games". So, there ya go.

Gamestop DOES in fact give cash for games. At least I know that my local store does for sure. The trade in value just isn't as high than it is for credit.

[punkoffgirl]

So, people that are posting here... Why not take a second and send an email to EB and let them know how YOU feel about this?

info@ebgames.com is supposedly the corporate email address
ir@ebgames.com is investor relations, but it would probably work as well.

[ddockery]

I dn't understand why the cops aren't coming down on the store on their own. Had this been a pawn shop (and for video games, that's what they are) the owner/manager or whatever would probably be in lockup right now.

[l_lamb]

Email sent with linkto the story. Here's the text:


I found this story on the internet and was appalled by the behavior of your company:
http://www.abcactionnews.com/stories/2004/01/040129hallofshame.shtml

I was always under the impression that if you purchase stolen goods, even if you didn't know at the time, you were still legally obligated to return or replace them. Since the thief confessed just a few days later, the victim should have been able to get everything that belonged to her back or replaced at no charge. The store obviously broke the law by not holding the items for 15 days, so EB should have done the right thing and given everything back for free with an apology. Since the thief confessed, press charges against him.

This type of irresponsible behavior is the kind of thing that puts companies out of business. Thanks to the internet, these type of problems are no longer contained within one city or neighborhood.

I have had issues with your company in the past that were only partially resolved but was still doing business with you. However, this is absolutely the best example of horrid customer service and lets me know that your stores are run poorly, period. I will never do business with your company again, neither by store nor website. You can also cancel my EB Edge discount card (#000647572618) that I just renewed last month as I have cut it up.

Very sincerely,
Lawrence Lamb
Houston, TX
l_lamb@yahoo.com

They can kiss my ass if they think I'll ever go back in now.

[Flack]

I was under the impression that EB Games only takes used stuff for store credit.I know GameStop only gives credit, but according to the sign in EB's windows, they give "Cash for Games". So, there ya go.

In fact, here's part of the sign in this image:
http://www.abcactionnews.com/images/stories/2004/01/0129ebgames.jpg

That sign could also read "CAnadians are GAy" or "CAr for sale in GA."

[davidbrit2]

It could, but it's a game store. What the hell else would it say? Heh.

[rbudrick]

Well it could say CAn EB GAmes suck any more?

-Rob

[Stewie]

Ehh...Just another reason not to shop there...I'm all about Game Crazy anyway!!!

[Jasoco]

I was under the impression that EB Games only takes used stuff for store credit.I know GameStop only gives credit, but according to the sign in EB's windows, they give "Cash for Games". So, there ya go.

In fact, here's part of the sign in this image:
http://www.abcactionnews.com/images/stories/2004/01/0129ebgames.jpg

That sign could also read "CAnadians are GAy" or "CAr for sale in GA."You could also watch the video, you know. The whole sign is shown in the video. :P

Anyway..
This isn't going to affect my shopping in any way. So, it really makes no difference to me.

[Nick Goracke]

Not one chain store that resells used games holds them for 15 days. There's two possibilities here - the article is full of it, or every state decided not to enforce this law. Which is it?

There's probably a number of reasons why they won't give back "stolen goods" for free - the biggest being you can legally get the money back from the person who stole it from you! I'm stretching here with this example, but if someone on this board sold me a stolen game for 200 bucks, I wouldn't want to eat the cost and give it back.

But as others have said, this is a big corporation... and usually when someone makes any sort of fuss, they fold and give the customer what they want plus a little extra. I understand the policy in principle, but...

[Cmosfm]

Not one chain store that resells used games holds them for 15 days. There's two possibilities here - the article is full of it, or every state decided not to enforce this law. Which is it?

There's probably a number of reasons why they won't give back "stolen goods" for free - the biggest being you can legally get the money back from the person who stole it from you! I'm stretching here with this example, but if someone on this board sold me a stolen game for 200 bucks, I wouldn't want to eat the cost and give it back.

But as others have said, this is a big corporation... and usually when someone makes any sort of fuss, they fold and give the customer what they want plus a little extra. I understand the policy in principle, but...

I agree with Nick. I understand both sides. I see the woman is angry cause she lost her stuff but why does that make EB games responsible for her loss.

She lost, the thief gained, and EB would have lost if they had given her stuff back. In all that's right, the thief should have reimbursed her enough to pay for her games and to buy them back at EB's cost. I understand EB is a big company also, but does that mean just because they have a lot of money they should just give it away? Really, think about it, would you like it if someone stole something and sold it to you and you had to just give it away? nope.

What should have happened here was the thief should have paid for everything, plain and simple, neither EB games nor the woman should take a loss.

I don't see it as fair that EB games get's put into this "hall of shame". The only way I can see them giving her the stuff back is to avoid a huge scandal. Put the thief in the "hall of shame", not the store that's conducting buisness the way it has always been.

[davidbrit2]

Why should they give it back? Because EB doesn't own that merchandise, that's why.

[-hellvin-]

Sigh...and this is why I will never ever set foot in an EB store again. They are such bastards when it comes to their little policies. After so many bad experiences with this place and their selfishness over 87$ I simply will not be giving them any of my business. Doesn't really surprise me though coming from a place that will sell a complete game and the same game with nothing but the disc for the same price....

[Packerfan66]

Not one chain store that resells used games holds them for 15 days. There's two possibilities here - the article is full of it, or every state decided not to enforce this law. Which is it?

There's probably a number of reasons why they won't give back "stolen goods" for free - the biggest being you can legally get the money back from the person who stole it from you! I'm stretching here with this example, but if someone on this board sold me a stolen game for 200 bucks, I wouldn't want to eat the cost and give it back.

But as others have said, this is a big corporation... and usually when someone makes any sort of fuss, they fold and give the customer what they want plus a little extra. I understand the policy in principle, but...

I agree with Nick. I understand both sides. I see the woman is angry cause she lost her stuff but why does that make EB games responsible for her loss.

She lost, the thief gained, and EB would have lost if they had given her stuff back. In all that's right, the thief should have reimbursed her enough to pay for her games and to buy them back at EB's cost. I understand EB is a big company also, but does that mean just because they have a lot of money they should just give it away? Really, think about it, would you like it if someone stole something and sold it to you and you had to just give it away? nope.

What should have happened here was the thief should have paid for everything, plain and simple, neither EB games nor the woman should take a loss.

I don't see it as fair that EB games get's put into this "hall of shame". The only way I can see them giving her the stuff back is to avoid a huge scandal. Put the thief in the "hall of shame", not the store that's conducting buisness the way it has always been.

No EB is in violation because they did not follow the laws when it comes to buying and selling used items. THey should have held the stuff for minimum 15 days or what ever the state law is in case something like this happens. Pawn shops have to do it no matter how much money they can profit from a sale. Are they supposed to get some kinda special treatment because there store is a giant corporation? A laws a law and you can't just decide I don't like the laws of the United States and I'll make my own. If EB and Gamestop don't follow this law then there is going to be a lot more problems in the future.

[poe]

As far as the 15-day wait is concerned, in some areas that doesn't apply to everyone (mandated by state or city ordinances). Around here (Boise, ID), it only applies to pawn shops, not retailers like EBGames or other secondhand stores. There was a big fuss last year over a proposal to make that waiting period apply to every business dealing in used games. The major chain stores didn't care, since with finances stemming from a larger corporation, they'd be fine with a waiting period. There was panic from the handful of small, locally owned used game sellers, though, since that wait would pretty much kill their primary means of having a steady flow of products to sell. Every small business posted a petition for people to sign stating their opposition to the proposal, which I signed.

Hearing about this lady, though, I'm not so sure it's a bad idea.

[Nick Goracke]

No EB is in violation because they did not follow the laws when it comes to buying and selling used items. THey should have held the stuff for minimum 15 days or what ever the state law is in case something like this happens.

People keep throwing this around, but there is not an EB, Gamestop, Funcoland, Gamecrazy, or any other game store that does this.

Not one.

Zero.

Is it a violation of the law? It's not a company "secret" - this policy has been out in the open for *years* - the merchandise goes on the shelf as soon as humanly possible. Why have they *never* been prosecuted for this?

Think about it. I think it's fair to say that the article is taking a few liberties with some information...

[Evil E]

Ehh...Just another reason not to shop there...I'm all about Game Crazy anyway!!!

Compared to EB, Gamecrazy rulz. I do most of my business with gamecrazy

[number6]

No EB is in violation because they did not follow the laws when it comes to buying and selling used items. THey should have held the stuff for minimum 15 days or what ever the state law is in case something like this happens.

People keep throwing this around, but there is not an EB, Gamestop, Funcoland, Gamecrazy, or any other game store that does this.

Not one.

Zero.

Is it a violation of the law? It's not a company "secret" - this policy has been out in the open for *years* - the merchandise goes on the shelf as soon as humanly possible. Why have they *never* been prosecuted for this?

Think about it. I think it's fair to say that the article is taking a few liberties with some information...


I think there would be no issue if the EBGames returned the merchandise to the rightful owner once it was determined that they had stolen goods. The article brings up the 15 day law because the EBGames has decided to ignore the facts and also made the victim pay for her own stuff at a cost more than what EB payed for it. It sounds like that 15 day rule needs to apply to all businesses that deal in used goods not just pawn shops.

This is a classic example of how not to do business. EBGames corporate should have reprimanded the manager of the store in question and refunded the money the victim was forced to pay to get her stuff back. I don't see how anyone in their right mind can defend this kind of behaviour. I for one will no longer buy anything from ebgames because of this.

[Evil E]

So, people that are posting here... Why not take a second and send an email to EB and let them know how YOU feel about this?

info@ebgames.com is supposedly the corporate email address
ir@ebgames.com is investor relations, but it would probably work as well.

I sent emails to both links on just how I feel about that joke of a company!

[Cmosfm]

Why should they give it back? Because EB doesn't own that merchandise, that's why.

Technically, the way I consider it, they do. They legally paid for it didn't they? Again, put yourself in EB's shoes.

Also, theres been more than once (make that more than 5) times I've been in a store and had a parent come in with a child mad at the store because there child sold or traded off a game that was (the parents). Either that or they didn't know there child was trading the "50.00 N64 game" for .50 store credit. What about when these instances happen? Should EB just give them back? Should EB say "here, Im sorry your son stole this game from you, here take it back for free". No, they shouldn't, the kid should take the punishment like the thief should here.

[davidbrit2]

Why should they give it back? Because EB doesn't own that merchandise, that's why.

Technically, the way I consider it, they do. They legally paid for it didn't they? Again, put yourself in EB's shoes.


No, I'm fairly certain it doesn't work that way. The merchandise was "sold" by someone who didn't own it in the first place, and thus ownership could not legally be transferred by the thief. If EB gave their money away for merchandise they did not legally receive ownership of, that's their own tough luck. If they want to seek damages from the thief, then they're welcome to do so.

I can't remember where I've heard all these property laws before, but I'm reasonably sure that this is correct. Any paralegals/lawyers want to confirm or clarify?

[WiseSalesman]

To back up davidbrit:

Look, this is how it works. Let's say david here steals cmosfm's gamecube. The he comes up to me and say, "Yo, want to buy a GCN for $30?". Being the game collector I am, I jump at the chance, and run home to play my new GCN. Meanwhile, Cmosfm registers the GCN's serial number as "stolen".

Fast forward to a couple of weeks later. I'm strapped for cash and try to pawn the GCN. The pawn shops's computer recognizes the s/n as "stolen", and they call the police. The police come up, ask me where I got it, I tell them, and they return the GCN to cmosfm. Unfortunately, in a case like this, I'm out thirty bucks. The fact that I engaged in a legal transaction involving illegally obtained goods does not invalidate previous ownership. Therefore, the GCN still belongs to cmosfm, and, unless david decides to pay me back my $30, I'm out the money, and that's what you get for dealing with shady characters.

In other words, the way the law works in the U.S., EB doesn't own that merchandise. They are breaking the law by doing business that way, not because of the waiting period, but because they are selling products that do not legally belong to them.

[Cmosfm]

Why should they give it back? Because EB doesn't own that merchandise, that's why.

Technically, the way I consider it, they do. They legally paid for it didn't they? Again, put yourself in EB's shoes.


No, I'm fairly certain it doesn't work that way. The merchandise was "sold" by someone who didn't own it in the first place, and thus ownership could not legally be transferred by the thief. If EB gave their money away for merchandise they did not legally receive ownership of, that's their own tough luck. If they want to seek damages from the thief, then they're welcome to do so.

First, we're going to throw the whole "this is the law" out the window because obviously whatever the law is no one is enforcing it in this case, being that if it was she would have gotten her stuff back free right? Now that's done, explain this....Why should EB take the loss and seek damages and not the woman that got her stuff stolen? EB had no idea the stuff was stolen, and no way to check it, so why should they suffer and not the thief or the women who didn't invest in an alarm system?

And let's take it a step further, say that EB sold 2 of those games in the meantime that were traded in. John bought 1 and Jane bought 1. Would They have to give them up also if they could track down the buyers? What if they traded there games into Gamestop? What would happen then? Everyone loses just so the woman gets her stuff back?

[WiseSalesman]

Why should they give it back? Because EB doesn't own that merchandise, that's why.

Technically, the way I consider it, they do. They legally paid for it didn't they? Again, put yourself in EB's shoes.


No, I'm fairly certain it doesn't work that way. The merchandise was "sold" by someone who didn't own it in the first place, and thus ownership could not legally be transferred by the thief. If EB gave their money away for merchandise they did not legally receive ownership of, that's their own tough luck. If they want to seek damages from the thief, then they're welcome to do so.

First, we're going to throw the whole "this is the law" out the window because obviously whatever the law is no one is enforcing it in this case, being that if it was she would have gotten her stuff back free right? Now that's done, explain this....Why should EB take the loss and seek damages and not the woman that got her stuff stolen? EB had no idea the stuff was stolen, and no way to check it, so why should they suffer and not the thief or the women who didn't invest in an alarm system?

And let's take it a step further, say that EB sold 2 of those games in the meantime that were traded in. John bought 1 and Jane bought 1. Would They have to give them up also if they could track down the buyers? What if they traded there games into Gamestop? What would happen then? Everyone loses just so the woman gets her stuff back?

Unfortunately, yes, that's exactly how it should happen, were the law being enforced.

[vision89]

EB should have given the lady her stuff back and money for the stuff they sold. Then EB should seek compensation from the thief that sold them her stuff, as well as compensation for their time and trouble. That way the only person who gets screwed is the thief.

[Evil E]

EB should have given the lady her stuff back and money for the stuff they sold. Then EB should seek compensation from the thief that sold them her stuff, as well as compensation for their time and trouble. That way the only person who gets screwed is the thief.

Exactly!

[davidbrit2]

First, we're going to throw the whole "this is the law" out the window because obviously whatever the law is no one is enforcing it in this case, being that if it was she would have gotten her stuff back free right?

"EB is breaking the law, and nobody has stopped them yet, so obviously the law is invalid and should be completely ignored." Sure... I didn't realize the statute of limitations was just matter of weeks now.

It's EB's responsibility to ensure they are not taking in stolen merchandise. If they are unwilling to invest that effort, then they should not be taking used merchandise in the first place.

I suggest this lady find a lawyer and press charges against EB, because she will have this case won in no time. Hell, any yokel could probably win this without a lawyer, because it's that clear-cut.

The point: ownership does not end at theft.

[Cmosfm]

Looks like everyone has a clear cut "this is how it should be" stand on this matter...making it pointless to even try and debate. So I'm opting out of it before we make all the mods angry with our back n' forth +1 debating. :D

g'day!

[number6]

The letter of the law is not the real dispute here in my opinion. The whole point of the CBS article was to show how poorly EBGames was handling the problem. If EBGames is going to try and hide behind legal ambiguities instead of doing what is right, then I am not going to shop there anymore. If EBGames had any real business sense they would have returned the merchandise they still had to the lady free of charge. The management at EBGames seem to care more about loss prevention then they care about customer relations. Sometimes you have to take a loss when you deal in used goods and simply chalk it up to the price of doing business.

[Packerfan66]

Why should they give it back? Because EB doesn't own that merchandise, that's why.

Technically, the way I consider it, they do. They legally paid for it didn't they? Again, put yourself in EB's shoes.

Also, theres been more than once (make that more than 5) times I've been in a store and had a parent come in with a child mad at the store because there child sold or traded off a game that was (the parents). Either that or they didn't know there child was trading the "50.00 N64 game" for .50 store credit. What about when these instances happen? Should EB just give them back? Should EB say "here, Im sorry your son stole this game from you, here take it back for free". No, they shouldn't, the kid should take the punishment like the thief should here.

Holy shit that is way wrong. A person should not be abled to sell something to a store unless they are at least 18 years of age.. I know this is how it is a pawn shops. A kid can't just take a parent's car and sign it over to some one else for $500 can they? That is just absolute BS. I"m sure EB loves it when this kind of shit happens. I"m sure they tell the kids hey make sure you go raid all your parents games and we will give you a broken third party N64 controller.

[Achika]

"How it should be and how it is" is not the point here.

She is not trying to retrieve her stolen property from Johnny and Jane off the streets who bought it from Timmy (who actually stole the merchandise) She is trying to retrieve her property from a company, a rather moderately sized one, who has an image to uphold. In order to make this image look better after this incident, yes, she should recieve what she lost from EB due to their negligence in recieving and reselling the stolen property.

And if you are out the money from buying stolen property...guess what? Life sucks. People are dishonest and people are taken for money every day.

And as for selling back games if you are under 18? In most cases you can trade them in for credit. If you are over 18 then you can get cash. In most cases, many of the stores will give back the games in return for the credit slip (if unredeemed) for the games back to the customer.

[farfel]

Why should EB take the loss and seek damages and not the woman that got her stuff stolen? EB had no idea the stuff was stolen, and no way to check it, so why should they suffer?


Because the "stuff" is the legal property of the woman. It's no different than if EB bought a stolen car --- the stolen car reverts back to the ACTUALl owner. Same applies to the games.

As for EB "suffering" --- well too bad. They need to be more careful about buying stolen property.

Besides that woman may be earning just 5/hour. For her $200 of lost property is a big deal. EB has millions of dollars. The "loss" to them is like losing a penny. It won't hurt them. I have no sympathy for them.

[jdc]

So.......since people get ripped off every day and it sucks but that's just the way it is......am I to assume that EB has the right to hide behind this "shield"?

Gimmee a break. You know it and I know it, in this case the EB in question should have taken steps to soften the blow to the customer. She's the one who keeps the doors open and the lights on. It costs very little to come up with some sort of restitution, perhaps in the way of a few used games and a used PS2....but it goes one hell of a long way in the eyes of the customer.

The manager should have his ass kicked for handling it the way he did. He wouldn't be working for me any longer, that's for sure. Take a name, take a phone number, offer a simple "sorry to hear that...let me see what I can do for you" and ask the area supervisor if there was anything that could be done in order to "go the extra mile".