Can I sue McDonalds for theft?

Homebelly · Post by **Homebelly** » Sat Dec 29, 2007 4:25 pm

noisetonepause wrote:
Landser wrote:But make sure to record the telephone calls.
?!?!

also,, surveillance camera footage,, and maybe find out where her kids go to school,, you know,,

incase you need some "Leverage"

Sumatra · Post by **Sumatra** » Sat Dec 29, 2007 6:52 pm

Sue the fuckers that did it, but see if you can get free food.

I just got a new card, activated it, used it for a few days and my number was already stolen. My bank caught the fraudulent charges before I did, so the cards been canceled and the charges reversed.

ThrowAway · Post by **ThrowAway** » Sat Dec 29, 2007 10:44 pm

noisetonepause wrote:
Landser wrote:But make sure to record the telephone calls.
?!?!

it would only be admissible if they called you(I believe) or you stated on the recording that your recording it and they acknowleged it.

If you did sue they would only be liable for what you took a loss on(which at most would be the charges, IF you have to pay them). Unless you could prove this incident damaged you somehow. good luck. Better to fuck the gangster wanna-be working at mccdonalds, work with them be polite but angry and get some free food that will take time off your life(IMO)

on a side note Mccdonalds and taco bell had a boycott against them to pressure them into paying a penny more a pound of tomatoes so they could raise the rate of pay for the people picking them. They agreed, then mccdonalds waited six months and said fuck you were not doing it. this would have been absurdly cheap for them to do with the benefits being really helpful. I hope their karma frowns on them.

If any one is ever in florida and wants a good lawyer call Barry Cohen, he is an ex-cia lawyer who doesnt mess around. Hes sued tampa and several surrounding city governments and won SEVERAL times with each. He also got someone I know caught with thirty individual bags of hash six months probation, 10 grand couldnt have been spent any better way.

noisetonepause · Post by **noisetonepause** » Sat Dec 29, 2007 11:31 pm

ThrowAway wrote:
noisetonepause wrote:
Landser wrote:But make sure to record the telephone calls.
?!?!
it would only be admissible if they called you

So the fuck what? Recording phone calls to squeeze money out of an entity that has done NOTHING wrong might be legally acceptable where you are, but it is quite obviously not morally acceptable anywhere, at any time.

ThrowAway · Post by **ThrowAway** » Sun Dec 30, 2007 12:07 am

noisetonepause wrote:
ThrowAway wrote:
noisetonepause wrote: ?!?!
it would only be admissible if they called you
So the fuck what? Recording phone calls to squeeze money out of an entity that has done NOTHING wrong might be legally acceptable where you are, but it is quite obviously not morally acceptable anywhere, at any time.

They are liable for what their employees do while working on their premises at all times, or should be. Whether or not you think it should apply in this particular situation doesnt matter because their are numerous other situations this law applies that im sure most people would agree to. you cant have your cake and eat it too.

ThrowAway · Post by **ThrowAway** » Sun Dec 30, 2007 2:09 am

noisetonepause wrote:
So the fuck what? Recording phone calls to squeeze money out of an entity that has done NOTHING wrong might be legally acceptable where you are, but it is quite obviously not morally acceptable anywhere, at any time.

I think your wrong, its generally morally acceptable to most americans and im sure it would be morally acceptable from most people in the middle east,africa,mexico, eastern europe and the likes to do this to sqeeze money out of an entity like mcdonalds(maybe you could even throw in the hundreds of asians who make their toys for pennies a day). Mcdonalds exploits the shit out of people, especially "illegal" american immigrant workers and the asian manufacturing population. ok ok maybe two wrongs dont make a right but it took money away from someone who in the long run wont even notice.

djadonis206 · Post by **djadonis206** » Sun Dec 30, 2007 2:24 am

wow

the dude forgot to ask for his card back...some one swiped it

maybe there's some charges maybe not - who knows but it's really not as serious as a lawsuit or recording phone calls or whatever

if someone used his card he'll get his proper credit back and I bet the card has been canceled at this point

I've lost at least 5 to 10 cards this year - I'm serious (I just lose 'em)

I found 2 in the couch after they'd been canceled, another was behind my refrigerator (???????)

who knows where the rest are - but 10 times out 10 they've been replaced

I should sue myself for being so absent minded

popslut · Post by **popslut** » Sun Dec 30, 2007 2:32 am

Suing MacDonalds because you left your card in the Drive Thru?

Recording your phone calls as evidence?

MacDonalds' "Karma"?

Christ you lot talk some fucking rubbish sometimes.

It's like reading Beavis and Butthead's MSN Messenger logs.

steve-o · Post by **steve-o** » Sun Dec 30, 2007 3:50 am

Even if you forget your wallet, the proprietor of a restaurant has a duty of care to their customers.

First, to recover money damages, you would have to try and get your money back from your credit card company in a timely manner, i.e don't sit around and wait. If you sued them on an intentional theory, i.e. McDonalds employee intended to take your cash, then you wouldn't have to show that you were harmed. If you sued them on a negligence theory, you would have to show that you suffered either physical harm, property damage, or emotional distress (hard to prove). Even if you could show negligence, any recovery would be offset by your own negligence in leaving the wallet, which I would think would be high, since if you hadn't left it your cards wouldn't have gotten stolen, and its foreseeable that your cards would be stolen after losing your wallet.

If you simply wanted to punish McDonalds by sending them to jail, you probably wouldn't succeed simply because as stated early, McDonalds can afford the best legal services.

Sueing McDonalds won't be cheap - and there's no guarantee of winning. Best to get reimbursed by the credit card company, forget about suits, and get back to music.

Landser · Post by **Landser** » Sun Dec 30, 2007 11:09 am

noisetonepause wrote:
Landser wrote:But make sure to record the telephone calls.
?!?!

This is called a key in case the manager suddenly forgets that she locked your card away. With the recorded call you can help to remember her, how things really happened.
Many cellphones have that functionality.

chrysalis33rpm · Post by **chrysalis33rpm** » Sun Dec 30, 2007 2:52 pm

So let me get this straight, you forgot your credit card at a restaurant and an employee stole it and now you want some serious money? Why, because you devoted an hour of your life to figuring out what happened and canceling the card? As has been pointed out numerous times above, you're not liable for the charges, so get over it.

This is an example of the laziest kind of thinking - I did something stupid, and somebody else must pay. American as apple pie.

I read a few days ago about a man who just won a multimillion dollar lawsuit against the subway system of NY, because he slipped on some pigeon shit in a station and hurt himself. He was judged 20% responsible for his stupidity, the other 80% was the responsibility of the transport authority. Give me a break. You are responsible for the things you do. Period.

I just went skiing here in France, and rented equipment, and didn't have to sign any legal waivers at all. Rather refreshing. Outside of the USA, it's normal that you look out for your own well-being.

icedsushi · Post by **icedsushi** » Sun Dec 30, 2007 3:03 pm

First of all, I think the title of the thread sounds a little silly. I agree that people should be responsible for their own actions. Especially look at things like this which happen every day, every day. There is no premeditation on the "big bad company's" part when teenager working at a fast food co steals a CC#, think about it people (referring to the American public).

Sometimes I wonder why someone would ask advice for a situation like this on a music forum.

Does the person have no where to go? Family, parents, or friends to ask their opinion of what to do?

If that's the case, I feel sorry for the person.

chrysalis33rpm · Post by **chrysalis33rpm** » Sun Dec 30, 2007 3:06 pm

icedsushi wrote:Sometimes I wonder why someone would ask advice for a situation like this on a music forum.

Does the person have no where to go? Family, parents, or friends to ask their opinion of what to do? If that's the case, I feel sorry for the person.

Actually, I like that about this forum...

icedsushi · Post by **icedsushi** » Sun Dec 30, 2007 3:14 pm

You like that people ask for advice about random situations on this forum?

Or that there might be people on here who can't go to friends/family and have nowhere else to go?

or both...

chrysalis33rpm · Post by **chrysalis33rpm** » Sun Dec 30, 2007 4:06 pm

icedsushi wrote:You like that people ask for advice about random situations on this forum?

Or that there might be people on here who can't go to friends/family and have nowhere else to go?

or both...

Ummm, answer A.