Crime Files: Return Those Game Rentals on Time

Crime Files: Return Those Game Rentals on Time

February 14, 2008
It goes without saying that if you rent a video game, you should return it - preferably on time.

But a Pennsylvania judge has called a halt to the jury trial of a man who failed to return an unspecified game and three movies to a West Coast Video outlet.

As reported by the Harrisburg Patriot-News, Morris Mumma, Jr. rented the items in January and failed to return them. The store manager called Mumma, who said he had been busy but would bring the game and movies back and pay the late fees.

The video store manager next billed Mumma's credit card $70 for the replacement value of the items, but the charge was declined by the bank. A local police officer then left Mumma a voice mail, at which point Mumma returned the items. The police then filed charges alleging that Mumma had, in effect, committed a theft by failing to pay a $59 late fee.

From the Patriot-News:
The public defender's office and prosecutors couldn't reach an agreement and the case was called for trial Wednesday, on a court calendar filled with murder, rape and other felonies.

Assistant Public Defender Alyssa H. Knisely told the newspaper that Mumma wanted to pay the fee:
If we start criminally charging everyone who returns a movie late, judge, we'll be clogging up the court system, which should be reserved for real criminals.

Judge Richard Lewis agreed and refused to empanel a jury to hear the case. Hizzoner told prosecutors to withdraw the charge or he would dismiss it when Mumma paid the $59.

Comments

Isn't that where you credit report gets destroyed, not legal action? Who remembers the 'blog' of that small time video/game rental store who wrote everything in the 3rd person. That was the shit.
This is nothing, I read a story yesterday where a woman is sueing Best Buy for 54 million dollars because they couldn't fix her laptop on time.
@ Sean

She is not suing because they didn't fix it on time, she is suing because they lost it. It had personally identifiable information on it.

She also is not really wanting the money. She wants Best Buy to admit what they did and give her a little more than just the cost of a new lap top. The 54 million amount was to just get the media attention and put pressure on Best Buy to improve their data handling policies.

@SpiralGray

It may have been a breach of contract law, but it is not an amount that warrants a jury trial. These sort of violations could easily be handled in small claims.
Wow just wow. So I can get sued for returning a game late? This is utter BS.
Seconded on the wow. I don't even know how to respond.
No, I don't have a link, but wasn't there something similar recently about someone being sued over late fees for late returned library books?

Or was it just a library that wanted to start suing over late fees?

Anyway, it's sort of a good point about clogging up the courts with such cases. I mean, they aren't trivial to the business, but certainly they would take up unnecessary legal time. Just send it to a collections agency (which all that many such businesses do).

Nightwng2000
NW2K software
I never realized that failing to pay a late fee was a crime. That is pretty bad. I better rush off to the library and pay up or I could go to jail.

Oh...wait...that is toatally stupid. Sure it is wrong to return your movies late and sure it is wrong to not pay your late fees, but wouldn't it just be better to cancle that persons account and blacklist them or something.

Why go through the trouble of seeking a lawsuit against someone that could cost in the thousands just for $59? Should the money spent on the lawsuit be better used to expand the vidoe selection?
I can follow the reasoning behind it. But a lawsuit does seem a bit... extravagant? But I'm struggling to think of another viable solution when someone has possession of what is essentially your property, is not returning it, and does not have the funds to cover what they pay for... There's probably something that I can't think of... and someone will probably bring it up somewhere down the page. Needless to say, I think it might be beneficial to consider GameFly after all this is said and done.

Also: "the case was called for trial Wednesday, on a court calendar filled with murder, rape and other felonies."

That, I would wager, is a type of hilarity that comedians wish they could attain.
Jeez, overreaction much? It's not like they were losing money anyway, he'd eventually have to pay the money in the end result. "Oh no, that isn't enough, we have DAMAGES."

For chrissakes, you don't bring this to a court filled to the brim with MURDER and RAPE charges. You'd figure these guys would know of the existance of a, you know, SMALL-CLAIMS COURT.
@ DeusPayne

You mean this guy?

Heh, you're right, he WAS awesome.
in teh uk that wouldnt be a theft

by uk law "A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it"

so as long as you can say you didnt mean to permanently deprive them, it wouldnt be theft!

we did some funny cases in law school, apperently LEGALLY you could technically eat out at a restaurant and leave , or a hotel say, n then just claim oh ill be back in a month to pay for it and it isnt theft lol

still you might be hit under civil contract law tho.
Good to see that some judges still have sympathy for the common man. This guy was clearly not committing a criminal act, and to actually try and take him to court is ridiculous.
Most of those places just refer it to a collection company.
While I agree that attempting to empanel a jury to recover $59 is stupid, those people who are saying it isn't illegal just don't get it apparently. When you sign up at a movie/game rental place, you sign an agreement. That agreement is a contract. The suit brought wasn't because he returned the stuff late, it was because he refused to pay the late fees. As soon as he did that he violated the contract, and the company had every right to take him to court. Whether it was a smart move given the value involved is a whole different question.
When I read this it made me sad since I spent half my childhood in the Burg. I considered my hometown for many years.

BTW: You can rest assured his credit is already destroyed due to this.

Pretty soon any American that wants to see what "home of the brave and land of the free" originally meant, they will have to move to Canukistan to see what life is like.
E. Zachary Night:

If you want to be really picky, yes, it does warrant a jury trial (although, I agree, small claims probably would've been a better choice)

Amendment 7
In Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise re-examined in any Court of the United States, than
according to the rules of the common law.
Ahh late fees. I ended up paying 40 bucks for a VHS copy of Buckaroo Banzai. I bet it's worth more than that now.
Well in a UK library all late fees etc are reported to the Local Council, who in turn contact you about the late fees, if you still dont play or return the books, its then transfered and reported against your credit rating.

At the end of of day, when you take this stuff out you know when its due back, after that its just theft, how hard is it to return something on time?
Sue anyone for pretty much anything and you'll probably win.
Are Pennsilvaynia prosecutors just bored or what? What's the crime rate over there, anyways? We should all live there :/
Yeah, this is pretty much what small claims court is for. No need for jury trial on this one.
From reading the article, it seems to me that the court system is the messed up one here, not the rental place. Criminal charges are usually taken out of the complainant's hands when the police make the arrest. In this case, the police are the ones making the arrest for theft, not the rental company.

Well I do agree that simply going to small claims would have been easier, the rental place were not in the wrong to treat the unreturned games as theft, because the holder did not return them and did not pay the bill for replacing the games, ie buying them. The judge did the right thing in declaring he will drop the case when the money is paid.
Uh, guys where does it thev him getting sued? I'm pretty sure they were putting him through a criminal trial for theft.

There is a difference, a rather important one.
@spiral grey

we do get it, you dont. ITs not illegal because its not a law being broken its a contract. its a civil matter. breach of contract isnt a criminal act.
Sounds like BlockBuster to me...they do that kind of stuff withdrawl your fees before you even return it on their own.
Why is everyone getting so upset about this? The owner of the video didn't sue the game renter it was the prosecutor’s office who brought charges on the person. I don’t think people realize even if you are forgiven by a person who you did wrong too you can still be brought up on charges by the government. In fact I’m pretty sure that only the government can charge people with crimes which if convicted can take one of their fundamental rights away.
And the judge saw the stupidity in convicting this person to this degree and threw out the case. This article should be laughed at for how stupid things. It shouldn’t be taken as a sky is falling, the government is taking your rights away kind of thing? Plus what right says you have the right to not pay your debts?
Just one more reason to go with GameFly...

Unless the court has gotten to them too.
I'm sure it wasn't that late, for 3 movies and a game the late fee could add up quick.
@Yuka Takeuchi

GORD! thanks for the reminder
umm they should have just taken them to small claims court not criminal court
(while its wrong not to pay late fees, its just a violation of contract, not really a theft)
Not to seem like I'm overly picky or anything but uh...It is their right...The guy -OBVIOUSLY- had no intention of returning the stuff until that police officer left a voice mail which was probably something along the lines of "Return or be charged..." Which they can do it is actually theft because he had no intention of returning the items he made that pretty clear, they couldn't charge his credit card to get the value of the items he refused to return -thus- it's stealing...

While court might have been a rather excessive step...it's still pretty bad that a majority of people defend this sort of thing as not a big deal...
This is stupid.

Why would they sue her? Is it because they want to set an example to their customers (customers who will probably never hear of this and customers who could easily switch to netflix)? Or is this an individual case? Exactly how overdue were her movies? A week, a month, several months?

As has been pointed out before, blacklisting her would work much better than hiring a lawyer and having to tie up the court system.
im not saying they should sue her im saying if they did take this to court it should not go to district court but to small claims court
@ Seiena

actually he " said he had been busy but would bring the game and movies back and pay the late fees"

sounds to me like it could be easily argued he intented to return them at some point (doesnt need to be proven returned at any point in the near future, just ANY indication of return) in which case it isnt theft. Its a well known joke (well in UK criminal law) that we had a few seminars over in law school that you can technically eat out for free for the rest of your life and jsut say you intend to come back n pay for it and it isnt theft. (although contract law will sue your ass)
Seems like dispite all the hyperbole and bullshit in your proud empire the judges have the clear idea. It's would be amazing how much attention is paid to nonsensical idiocy (for example, anything Jack Thompson ever does, apart from his imminent disbarment) if I wasn't so full of myself.

Cynical-er morning hangover post. There are children in my office. Little fuckers.
@NovaBlack

Are we talking UK law or US law because a woman has gone to Jail in the US for not returning her library books back on time...It was stupid -BUT- I'm pretty sure that the fact it required police involvement to get the items back means that the odds are in favor that he wouldn't have returned it...I know this because I've known quite a number of people who have done this sort of thing and it was theft. He didn't give them a working credit card so odds are he wanted something for free or little cost.

To Say that it isn't theft is stupid in of itself because if you don't pay up...even if you say you will eventually it becomes obvious that you're a thief.
I am one of the supervising attorneys over the attorney who argued this silly case. While we conceded all along that this may be a civil matter(breach of contract), at no time was this ever a criminal act. The store owner was entitled to his $59(which is all he wanted), and which was offered many times prior to this criminal case being scheduled in front of the court. It was the police officers and the Commonwealth who chose to pursue this as a criminal matter, which nearly led to thousands of dollars wasted on a jury trial and the potential 6 month imprisonment of a kid who was at the most irresponsible and possibly civily liable for breach of contract. So beware if you are in the Commonwealth of PA and don't return your games you could end up behind bars!!!!
Re: Crime Files: Return Those Game Rentals on Time

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GamePolitics ShoutBox

Posted 12/03/08 at 07:04pm
Shadow D. Darkman: MIKE GETS A COOKIE!!!
Posted 12/03/08 at 06:05pm
sqlrob: @JC: I'm both a dev (not games) and a consumer, and a fairly strict Constitutionalist
Posted 12/03/08 at 05:52pm
ZippyDSMlee: JC:no doubt but looking at the mix, net speeds and and avabilty are not there, HDDs might be but constant use is a worry, lastly big media will have to forget DRM and focus on volume sales world wide, all of these will ignite DD for joe public.
Posted 12/03/08 at 05:45pm
JC: Heh. As much as I like to give my own opinion, I feel mainstream supports the industry more. Very few buy digital for their fami
Posted 12/03/08 at 05:40pm
ZippyDSMlee: JC:meh I know I suck but I will be more than happy to argue my point with you in a stable yet silly fasion :P
Posted 12/03/08 at 05:30pm
JC: Everyone has their opinion. We can't all agree on something specific though. sqlrob also has interesting viewpoints...
Posted 12/03/08 at 05:22pm
ZippyDSMlee: JC:I tell it like it is from my POV and try not get into petty arguments..but sometimes.... I can not hold it back...
Posted 12/03/08 at 05:17pm
JC: Zel & Zippy. I love your opinions on the matter of this recent discussion. Especially since EZK doesn't seem to be aroun.
Posted 12/03/08 at 03:43pm
zel: @sqlrob: thanks for pointing that out, i actually bought it straight from steam myself and registered my reg HL cd-key.
Posted 12/03/08 at 03:41pm
zel: Namely the one where I said I do not think steam is perfect. :P
Posted 12/03/08 at 03:40pm
zel: "has issues with understanding that steam is imperfcert and dose not quite work right on all PCs" apparently you missed one of my shouts :)
Posted 12/03/08 at 03:30pm
ZippyDSMlee: sqlrob:will will stop off line mode from working,would that revamped and made better,would also like game transfers made better.I can wait to support steam directly its easy to find a steamless rip of a game to put in my retail package.
Posted 12/03/08 at 03:29pm
ZippyDSMlee: sqlrob:He has issues with understanding that steam is imperfcert and dose not quite work right on all PCs, I'll agree my issues with steam are somewhat silly, I can handle the online activation but not the forced online aspect of that more oftten than not
Posted 12/03/08 at 03:17pm
sqlrob: @zel: Half Life 2 box requires Steam
Posted 12/03/08 at 03:11pm
ZippyDSMlee: Y helo thar MR troll......
Posted 12/03/08 at 03:07pm
farlander28: Not getting offline mode to work is also invalid, as it's not a design issue but a tiny minority who can't figure it out.
Posted 12/03/08 at 03:03pm
farlander28: @Zippy: Having your internet cut-out has already been covered as an invalid complaint, you don't need to be online.
Posted 12/03/08 at 02:19pm
ZippyDSMlee: Zel to finsih the previous post.
Posted 12/03/08 at 02:17pm
insanejedi: Well for Prey, they just sent disk copies of the game when their DL service went down.
Posted 12/03/08 at 02:06pm
zel: Now thats a great question. It is within reason that they could issue 1 final patch to make games work on their installed machines and then that would be it. but who really knows?
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