Legalizing Extortion

Atrios points to a horrifying Wall Street Journal dispatch:

After Miami handyman Glenn Rudge was accused of shoplifting an $8 set of drill bits at Home Depot, he thought he'd settled the matter when he showed his receipt to prosecutors and they dropped the charge.

But a few weeks later, a law firm hired by Home Depot began sending him letters demanding first $3,000, then a total of $6,000, implying he'd be sued if he didn't pay it.

In an escalating battle against theft, retailers are going after anyone suspected of shoplifting, turning over their names to lawyers and collection firms, who pursue the suspects for stiff penalties and split the take with the retailer.

There is little oversight of a system retailers call "civil recovery," created by special laws passed in all 50 states. With no proof of theft, the retailers demand money -- often $200 but sometimes far more -- and promise to avoid suing if it is paid quickly. Laws vary by state, but in general, retailers can demand these sums even if the item at issue was worth far less and was quickly recovered and put back on the shelf.

This is the reason I recommend every read Tom Geoghegan's See You In Court: How the Right Made America a Lawsuit Nation. At its heart, the book explains exactly where this sort of thing comes from, and what it is doing to our souls as citizens.

Views expressed on this page are those of the authors and not necessarily those of Campaign for America's Future or Institute for America's Future