JULY 5, 2015 [Consumer Alert]
Prescott Lovern, Sr. (Lovern) contacted Kohl’s Department Store, DSW [Shoes], and Dillard’s (collectively three companies hereinafter referred to as “Stores”) fraud departments last week with one of his employees, whose bank issued VISA Check Card was used to illegally make purchases on each company’s website.
The Check Card data had been stolen and someone used it to purchase merchandise from the Stores to be delivered in Miami. Each store confirmed the victim did not make the purchases. Even though the Stores’ fraud departments refused to provide the delivery address, Lovern and his investigators believe the merchandise is headed to a freight forwarder, after the victim was able to discover from customer service at Dillard’s and Kohl’s that those purchases were being delivered in Miami before they transferred the call[s] to their respective fraud departments. The victim cannot give the Miami police an address to try and intercept the deliver[ies] because the Stores are protecting the thieves.
DSW was told about the other two purchases at Kohl’s and Dillard’s and they admitted to knowing that the delivery address was known to them to be an address used in fraudulent activity [Lovern believes the DSW delivery address is the same address in Miami], yet they did not call the police, contact the victim’s bank, or try and contact the victim; plus they refused to provide the victim the delivery address. DSW did cancel the purchase after receiving our call; however, they violated the victim’s legal rights, and aided and abetted the thieves. Concealing the delivery address, email address [ISP] used by the thieves, and ISP address used for the purchase, they committed overt acts in furtherance of RICO.
Each Store refused to give the victim any information about the transaction (i.e. delivery address, delivery company, ISP address used to make purchase, email & phone number in transaction data). The Stores knew the victim did not make the purchases, yet, they did not offer to contact her bank, the police, or help her aid the police in catching the thieves. Instead they protected the thieves. Especially considering the Stores’ are public stock companies their conduct was unconscionable, as well as illegal.
Because it was cash taken from the victim’s bank account instead of credit line [credit card] this is criminal theft, and because the cash crossed the state line along with the merchandise, it triggers federal racketeering under RICO. The Stores willingly participated, committing overt acts in furtherance of the thieves conspiracy. This could be part of an international theft ring, but the Stores do not care. They will collect from their insurance company, which raises even more red flags.
Lovern has taken an assignment of legal claims from the victim and intends on filing a lawsuit against the Stores et al for their illegal, unconscionable conduct. Lovern will name DSW, Inc. and their CEO, Michael R. MacDonald; KOHL’s and their CEO, Kevin Mansell; and, DILLARD’S, Inc. and their CEO, William T. Dillard II. Because the respective CEO’s sanctioned each company’s fraud policy they should be prosecuted. The victim is exploring the potential of filing criminal charges against them.