A pawnbroker’s story about what happened to a man who pawned an item from Rent-a-Center (RAC) has people questioning, “Wait, Rent-a-Center is doing kidnapping now?”
What actually happened?
Jovanny Lopez-Carbajal (@heroofjustice94) begins his viral video with a warning: “Do not pawn Rent-a-Center’s merchandise, guys.”
He explains that a man pawned a RAC item three months prior. Then, on the day of his video, a RAC “bodyguard” picked up the man from his house and brought him to the pawn shop to pay to retrieve the item since it was due that day. The man didn’t have the money, however, so the bodyguard asked Lopez-Carbajal to place a police hold on the item.
“That’s impossible. Only law enforcement can do that,” the TikToker says. The bodyguard leaves briefly and then returns with his boss on the phone. Lopez-Carbajal says the boss told him he was “violating all kinds of consumer credit laws.”
The pawnbroker says nothing on the item indicated it was from RAC, and the man who pawned it didn’t inform him of that fact. Had he been aware, he would not have accepted the item.
He says the bodyguard later returned, asking him to sign a paper stating that he agreed to place the item on hold. Though the pawnbroker did not want to be rude to a man who was just doing his job, he refused.
He concludes his video by warning, “Be careful with Rent-a-Center, guys. Do not play with them.”
Can you get in trouble for pawning items from RAC?
Yes and no. The answer depends on several factors, like where you live and whether you’ve been making payments. Attorneys from two different Avvo threads have shared insights on the subject.
One thread begins with a commenter asking what would happen to them after they pawned several RAC items and were unable to get them back. They continued making payments on the items until their financial situation worsened. It reached a point where they were no longer able to, putting them two weeks behind on payment.
In response, Cynthia Russel Henley, a criminal defense attorney in Houston, Texas, said, “As long as you make the payments, they do not care what you do with the items. If you default on the payments, then they will want to get their property back. If you got rid of the property (pawned it and cannot get it back), then they will want to be paid in full or they can sue you and, unfortunately, the DA’s office has taken charges on similar cases.”
She explained that she worked a case where someone had rent-to-own rims, sold the vehicle, and quit making payments. The DA accepted the charges, but she notes that said client never made a payment. Since the Avvo commenter’s situation is different, as they had been making payments, she said she was unsure what the DA’s office would do. However, it was not worth it to risk criminal charges for non-payment. She advised, “Do the best you can do to catch up or talk to RAC about making an adjustment on payments to allow you to catch up.”
Two other attorneys agreed with this assessment
In the second thread, a commenter said, “I have been recently caught pawning two rent a center items. Is it a felony, how does that work?”
One attorney responded, “There are likely several crimes involved. Theft, defrauding a pawn broker, embezzlement, false swearing. The computation as to whether it is a felony or not generally depends on the value of the items involved.”
Other attorneys shared similar answers. Several also advised the commenter to seek legal counsel in their state, especially if by “caught” they meant they had been arrested.
‘They will follow you no matter where you move’
In the comments section, folks aired their grievances with RAC. Many criticized the company, saying it preys on low-income people. Others shared experiences with RAC workers coming to their residence to collect items.
One viewer said, “I once got a 911 call from a lady saying rent a center was at the door and they wanted to take her couches because she failed to make payments … she wanted us to send police to ask them to leave.”
A second wrote, “My mother in law defaulted and rent a center came to my house. Tried to get me to pay [for her] stuff.”
Another claimed, “I had a dude from rent a center threaten to have me arrested because of a late payment on a desk I got. Now mind at the time….i was 13.” The idea of a grown adult trying to shake down a 13-year-old for money is hilarious, but this likely never happened. You have to be at least 18 to enter a rental agreement with RAC.
‘Rent-A-Center should be banned’
As previously mentioned, many viewers called RAC predatory. These claims are not without basis.
New York Daily News (NYDL) reports that Sen. Chuck Schumer called rent-to-own companies “one of the most despicable industries around,” citing a typical transaction as his reasoning. His staff found that RAC was offering a 37-inch TV for 104 weekly payments of $31.99, a total of $3,326.96. Meanwhile, the same model could be bought outright at Best Buy for $850.
“They prey upon the financially illiterate in certain communities,” Rev. Taharka Robinson, who organized a Black Friday protest against RAC, told NYDN.
The company’s lending practices have not been without consequences.
NYDN notes, “Across the river in New Jersey, a class-action lawsuit charging the company with usury [the practice of lending at unreasonably high interest rates] resulted in Rent-A-Center paying $109 million into a restitution fund in 2007. In 2006, California‘s attorney general sued Rent-a-Center for ripping off consumers, and won $7 million in restitution plus a $750,000 punitive fine. In 2002, the company agreed to pay $8.4 million to settle allegations it cheated Wisconsin customers.” The attorney general of Washington also sued the company for alleged illegal collection practices.
@heroofjustice94 #fy #viral #xyzbca ♬ original sound – Jovanny Lopez-carbajal
What happened to the guy who got ‘kidnapped’?
It’s unknown. In response to a commenter asking what happened to the man who pawned the item, Lopez-Carbajal wrote, “Probably jail time.”
The Mary Sue contacted Lopez-Carbajal via Instagram direct message and TikTok comment and direct message. It contacted RAC via contact form.
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