When Samya Moftah walked into the Macys 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 Macys 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 Moftahs 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 hadnt 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 Macys 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: Macys 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 Macys 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 Macys from demanding, requesting, collecting, receiving, or accepting any payments that connect with the statutes from suspected shoplifters while detained in Macys 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. Its 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.