Lawyers say $595 claim letter a ‘scare tactic’

CALGARY – Lawyers say a Calgary family shouldn’t sweat over a $595 claim sent to them from Zellers after their son swiped a chocolate bar.

Tami Kendall’s son Jared was caught shoplifting at the Chinook Centre location in January. Police did not charge him and instead placed him in an alternative measures program.

Tami then received a letter from an Ontario lawyer for the retail giant claiming that she would be facing a lawsuit if she did not pay $595 in damages to the company.

Other viewers have contacted Global Calgary saying they’ve had the same experience and were given legal advice to ignore the claim.

Calgary lawyer Natalie Mohammed says the letters are just a scare tactic. Unless the parent was involved in the shoplifting, Zellers cannot sue the family for damages.

Mohammed says the law firm in Ontario can’t sue in Alberta courts and the cost of hiring a local firm would be more than the claim for damages.

Brian, a viewer in Edmonton, received a demand letter after his son stole sunglasses from The Bay. He says they called their bluff.

“I sent a letter over back to the lawyer. I just told him it was inappropriate and not founded in law and that was the end of it. I never heard a response back,” says Brian.

Zellers and Hudson’s Bay refused requests for interviews but issued a statement defending their cost recovery program.

It said “this program was introduced more than 19 years ago and was put in place because we believe those who make the decision to steal from a retailer should be accountable for the cost of theft, not our every day loyal customers.”

The parents are sent the civil damage claim letters because children under 18 cannot be sued.

Those who receive such a letter and are too uncomfortable ignoring it can have a lawyer send a reply disputing it.