Tennessee has excellent self-help statutes allowing victims of shoplifting to collect damages. Shoplifting by customers is covered by Section 39-14-144, which allows the greater of $100 or double damages if the stolen merchandise is recovered. If the merchandise is not recovered then the merchant is entitled to triple damages. Section 39-14-145 allows similar rights against an employee who shoplifts. A sample form letter is provided below for use in filing a civil complaint.
(a) If the appropriate district attorney general consents to use of this section as provided in subsection (i) of this section, in lieu of any criminal penalties imposed by Tennessee Code Annotated, Section 39-14-105, for theft offenses, any adult or parent or guardian of a minor who willfully takes possession of merchandise from a retail merchant with the intent to convert the merchandise to personal use without paying the purchase price shall be subject to civil liability should the merchant prevail, as follows:
(1) For the adult or emancipated minor:
(A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
(B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion of the merchant recovers the merchandise but it is in the damaged state; or
(C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.
(2) For the parent or legal guardian having custody of an unemancipated minor who has been negligent in the supervision of the unemancipated minor:
(A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
(B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion of the merchant recovers the merchandise but it is in a damaged state; or
(C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.
(b) Civil Liability under this section is not limited by any other law concerning the liability of parents or guardians or minors;
(c) A conviction for the offense of shoplifting is not a prerequisite to the maintenance of a civil action authorized by this subsection;
(d) The fact that a mercantile establishment may bring an action against an individual as provided in this section shall not limit the right of such establishment to demand, orally or in writing, that a person who is liable for damages and penalties under this section remit the damages prior to the consideration of the commencement of any legal action;
(e) An action for recovery of damages and penalties under this section may be brought in any court of competent jurisdiction, including a court of general sessions, if the total damages do not exceed the jurisdictional limit of the court involved.
(f) If a written agreement is entered into between the merchant and the person responsible for damages and penalties pursuant to this section concerning the liability of such person and the payment of such damages and penalties, the agreement and the contents thereof shall remain confidential as long as the parties to such agreement continue to adhere to its terms.
(g) The civil remedy conferred upon merchants by the provisions of this section shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500).
(h) Use of the civil remedy conferred upon merchants by the provisions of this section shall not be construed to be a violation of Tennessee Code Annotated, Section 39-16-604, prohibiting the compounding of an offense.
(i) Any demand in writing or other document sent to the adult, parent or guardian of a minor covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, such district attorney shall be deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to such adult, parent or guardian, the district attorney must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution.
(j) Whenever a retail merchant, the merchant's agent, or the merchant's employee apprehends an adult or minor who has committed theft as described in subsection (a), such merchant, agent, or employee shall not at such time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any such civil damages.
(a) If the appropriate district attorney general consents to use of this section as provided in subsection (h) of this section, in lieu of any criminal penalties imposed by Tennessee Code Annotated, Section 39-14-105, for theft offenses, any employee of a retail merchant who willfully takes possession of merchandise from such retail merchant with the intent to convert the merchandise to personal use without paying the purchase price shall be subject to civil liability should the merchant prevail as follows:
(b) The civil remedy conferred upon merchants by the provisions of this section shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500).
(c) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
(d) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
(e) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.
(f) If a written agreement is entered into between the merchant and the person responsible for damages and penalties pursuant to this section concerning the liability of such person and the payment of such damages and penalties, the agreement and the contents thereof shall remain confidential as long as the parties to such agreement continue to adhere to its terms.
(g) Use of the civil remedy conferred upon merchants by the provisions of this section shall not be construed to be a violation of Tennessee Code Annotated, Section 39-16-604, prohibiting the compounding of an offense. ( ) Any demand in writing or other document sent to an employee covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within ten (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, such district attorney shall be deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to such employee, the district attorney must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution.
(h) Whenever a retail merchant, the merchant's agent, or the merchant's employee apprehends an employee who has committed theft as described in subsection (a), such merchant, agent, or employee shall not at such time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any such civil damages.
Below is a sample form letter for filing a civil complaint against a shoplifter.
[Date]
[Their name]
[Address]
[City]
Dear__________:Our records show that on _______, you unlawfully took possession of the following merchandise from our store ____, located in_________________, TN, without consent, and with the intent of converting the merchandise to your own use:
Description of Merchandise:
___________________ Amount $ ________
___________________ Amount $ ________Total ............................................$ ________
In accordance with Tennessee Code, Title 39, an excerpt of which is attached, we are authorized to demand that you pay damages as follows:
Value of Merchandise .............................................................$ _______
Civil Penalty (two times the retail price, but not less than $100) $ _______
Less Value Recovered ............................................................$(______)TOTAL ..................................................................................$ _______
Payment of the total amount demanded should be by money order, certified check, or cashier's check made payable to _____________________and sent to______________________________ Attention:_________________
In the event you fail to comply with our demands by__________, we have the recourse to file a civil action against you to recover the damages demanded in this letter. Should you have any questions on this matter, Please contact our ___________________Department at area code________________ Ext. _____ between the hours of ______and _________, Monday to Friday.
Sincerely,
Name
Title
Department
Note: Attach a copy of the law, as listed above, to this letter.