If you have taken or considered taking merchandise from an H&M store, you might be wondering what the policy is and how this company deals with shoplifters.
H&M does not display any official policies relating to shoplifting online, but the company has the right to press charges against anybody who steals from them, even if the items are low-value. They may pursue shoplifters and impose store bans, or get the police involved, depending on the circumstances.
What Is H&M’s Shoplifting Policy?
There is no specific shoplifting policy that has been published by H&M, although the store certainly will have internal policies advising staff members about how to handle shoplifters.
In most cases, stores require their staff not to approach shoplifters and instead get them to note down details and watch the individual closely.
Stores will often wait to see if the individual is actually stealing. Depending on the value of the item, the staff available, and the situation, some stores will even allow individuals to walk out with low-value items, and will only intervene if the item is high-value or the thefts happen repeatedly.
However, they will make a note of people they spot shoplifting, and may ban them or pursue them for theft if they return to the store, especially if they appear to be stealing again.
In some cases, staff members will stop shoplifters at the door to the store and will ask them to come into a back room. They may also ask to search the individual’s bag, pockets, etc.
If stolen items are discovered, the police will probably be called, and the individual will be asked to fill in paperwork with information about their name, address, etc. The individual might also be asked to sign a form confirming that they were attempting to steal, etc.
If the store chooses to pursue a shoplifter, they may just request the value of the goods (or an increase of up to 5 times this value). Alternatively, they can prosecute the shoplifter, which can result in fines or even jail sentences.
Can H&M Detain Shoplifters Physically?
Although laws about physical detainment do vary from state to state, most states will only permit law enforcement officers to physically detain an individual.
Security guards and general staff in a store will not normally have this power, so it’s very unlikely that an H&M member of staff will try to stop a shoplifter from walking out.
In some cases, a security guard might attempt to block the door and may even use physical force to usher a shoplifter toward a back room where they can be questioned. However, in most cases, the guard will just imply that they have this power in an attempt to get the person to go quietly.
Stores will usually call the police if they do intend to hold someone for a period. If the police haven’t arrived, there is often little that the members of staff can do physically to prevent a shoplifter from leaving the property.
However, you should bear in mind that the staff will have access to camera footage and will write down descriptions of the thief’s physical appearance.
They may also take down vehicle registration numbers if they have these available. They can then contact the police to pass this information on, and the police can locate and follow up with the individual.
That means you shouldn’t assume that you have got away with shoplifting just because you have managed to walk out of the door with some stolen items. If you have been seen clearly by a member of staff or caught on camera, you may receive letters at a later date.
What If You Set Off An Alarm?
Like almost all retail stores, H&M locations have alarms on the doors that are designed to trigger if you walk through with items that still have the security tags intact.
These tags are usually removed at the checkout and will trigger the alarm if you walk through the door with them intact.
If you set off one of the door alarms when leaving an H&M store, a member of staff or security will usually ask to look into your bag, or ask you to empty your pockets. They will often observe your behavior while they make the request, looking for signs of resistance and nervousness.
You are not legally obliged to submit to a search or to go into the back if you are asked to. You also aren’t legally obliged to give the store any information about yourself. However, if they call the police, you should cooperate with police questions.
If you set off the alarm and continue walking, refusing to wait for the police or show evidence that you haven’t been shoplifting, the police may follow up with you. This depends on what action the store takes and how much proof they have of the theft.
It’s important not to get into physical altercations if you are stopped for shoplifting, no matter how provoked you feel. If you are charged with assaulting a member of staff, you could face some serious consequences.
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How Does H&M Identify Shoplifters?
There are several things that H&M can do to identify and follow up with shoplifters. If you shop there at times, you’re at risk of being recognized by staff members, and if you use a credit or debit card to pay for your goods at any point, they will have your name, which can be used to get further information about you by the police.
Furthermore, H&M may have footage of you on their cameras, which are used throughout most stores. H&M mentions the use of cameras on its website, where it says that they are for “security reasons.”
If a member of staff thinks you are behaving suspiciously or if you leave the store and then they find items missing, they will check the camera footage.
Of course, like other clothing stores, H&M doesn’t have cameras in its dressing rooms, which some people use to their advantage. However, staff members are aware of this exploitable area, and many stores limit the number of items you can take into a dressing room for this reason.
Staff members will also review footage of shoppers approaching and leaving the dressing room and may inspect the room for torn-off tags if they suspect somebody of theft.
It’s therefore important to be aware that you are not necessarily safe from being caught just because you are out of sight of a camera while removing the tags.
Note that a bag check is not legal in the US if the store forces you to undergo it. They can imply that you have no choice in the matter, but if you are physically forced to open your bag (or have the bag forcibly removed from you), the member of staff representing H&M would likely be found at fault.
H&M’s policy on shoplifting will not require staff members to forcibly check bags, as the company would know that this is in violation of the law.
Conclusion
H&M does not publish its shoplifting policy online, but it is likely similar to that of other retail stores. Staff members will be required to watch and identify shoplifters, and possibly to approach them in some circumstances, but not to physically detain or forcibly search them.
Remember that the penalties for shoplifting can be very significant, with jail time as a possibility even for small offenses.
Reference Sources
https://www.thesun.co.uk/fabulous/17474000/work-hm-items-people-shoplift-changing-rooms/
