Section 85R1/2. Whoever: causes damage to the property of a person as a result of a larceny or attempted larceny of said property as set forth in section 30A of chapter 266; commits or attempts to commit a larceny of goods for sale on the premises of a merchant; or commits or attempts to commit a larceny of the personal property of employees or customers or others present on such premises shall be liable in tort to the merchant for damages. The damages shall be: not more than $50 in addition to any actual damages incurred if the value of the property is less than $50; not more than $250 in addition to any actual damage incurred if the value of the property is more than $50 but less than $250; and not more than $500 in addition to any actual damages incurred if the value of the property is more than $250. An action for recovery may be commenced under sections 21 to 25, inclusive, of chapter 218.
Any correspondence by a merchant, its agents or attorneys that asserts a claim against an individual arising under this section shall identify in detail all of the pertinent information on which the merchant bases its claim. Any person who solicits payment that exceeds the limitations provided by this section shall be subject to a fine of not more than $500.
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