Legal Question in Criminal Law in Colorado
Cell Phone Theft
I own a restaurant in Colorado. I received a phone call from an irate customer who claims she left her cell phone at my restaurant, call several times to see if anyone had found it, and now states that her phone bill has $500.00 worth of charges on it to include international calls to Mexico and music downloads. What should my position be?
P.S. She did not turn her phone service off after the theft and still has the same number.
3 Answers from Attorneys
Re: Cell Phone Theft
You should have no position. You are not responsible for her mistake.
Re: Cell Phone Theft
How does anyone know where she left her phone?
Who took her phone?
Your restaurant is not responsible for her error unless the restaurant took possession of the phone and used it.
It sounds to me that she lost it and someone found it and harmed her. But, that was not your restaurant.
She should have called her cell company as soon as she realized the phone was not immediately found.
Not your fault.
That said, tell her that you looked into it and no one from your restaurant found the phone or even saw it. Had they, it would have been returned. Say nothing else.
Re: Cell Phone Theft
If you stole the phone and are ringing up charges, stop doing that.
$500 is the threshold between misdemeanor theft and felony theft.
If you dont have it, and you don't know who did, there appears to be no responsibility on your part.
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