Re: Is it a crime to buy the same item cheaper at one store and
Quote:
Quoting marvinmartian
I have a related question to this topic. I understand that it may be fraudulant to return something for more than you paid for it. However, there are some interesting potential circumstances I would think would have bearing on the situation. Refering to Chain retailers, where each store may make different pricing/clearance decisions that don't reflect accross the entire chain: If store A has an item on clearance, and it can be purchased at $1, store B (and possibly all the other stores) VALUE that item at $5, why is it fraud to accept the higher amount (and we are talking about store credit here, not cash)? Isn't it simply a market? Store A values the item at one price, and store B values it at another? Isn't it indeed fraud on the chain's part to sell higher priced items without informing the customer they are available at cheaper prices in other of their own stores? Wouldn't this be a double standard? We can do it , but you can't? They buy for a cheaper price than they sell at, why is this different, especially if they set the sale price, and the return price, and it is all done in store credit anyways? All cash flow is into the business, not to the customer. It seems to me that when customers with gift receipts return items and get lower prices than is on the receipt just because it's a gift receipt is WRONG. If retailers, especially chains, are going to have policies to accept returns without receipts, then they should insure that they don't return them at higher prices than they were purchased at, anywhere in the chain.
My response:
You're actually talking about a form of "theft." It doesn't matter that stores A and B (the same company, but in different States) have different prices for products. The "theft" is also covered by RICO (since you mentioned various States) The Racketeer Influenced and Corrupt Organizations Act ("RICO," 18 USCA §§ 1961-1968) was enacted in 1970 to help eradicate organized crime. RICO makes it unlawful for "any person employed by or associated with any enterprise" engaged in interstate or foreign commerce "to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity." [18 USCA § 1962(c)]
For many years, RICO proved an attractive alternative or supplemental remedy to 1933 Act claims because it authorizes treble damages plus reasonable attorney fees. [18 USCA § 1964(c)]
Repeatedly buying in one State, and then repeatedly returning the item in another State, amounts to a RICO violation - - because you're crossing State lines, and because with repeated attempts, you're setting up a "course of conduct" - - theft.
So, since the corporation, as a whole, loses money in these felonious transactions, you would be disturbing the enterprise's "interstate commerce" - - even if it's only the loss of a few dollars (the amount doesn't matter, only the damages suffered).
IAAL
Re: Why Is Return Fraud Illegal?
Pleaese explain how the corporation as a whole is losing money.
Re: Why Is Return Fraud Illegal?
Quote:
Quoting marvinmartian
Pleaese explain how the corporation as a whole is losing money.
My response:
You tell me. All the information is on this thread.
IAAL
Re: Why Is Return Fraud Illegal?
from an earlier post.
the 2'nd store now has the merchandise, presumable in resale condition (assume it was never opened) that they VALUE at what they supplied in store credit. They will then presumably sell it for that value and get CASH. The only part of this that lost anything was the 1'st store which CHOSE to lower their own profit margin.
The store recovered all it had invested.
I don't see where there is any loss.
Re: Why Is Return Fraud Illegal?
Quote:
Quoting marvinmartian
I don't see where there is any loss.
My response:
Yeah, I know you don't see it. That's how criminals get caught, arrested, tried and convicted - - because they "don't see it."
Have a profitable day!
IAAL
Re: Why Is Return Fraud Illegal?
Would you care to explain it?
Re: Why Is Return Fraud Illegal?
I would appreciate a more detailed explaination of exactly how this is theft.
Please keep in mind that many others will read this and then be informed as to why not to do this.
Many may believe that it isn't theft, and if it indeed is, they should know that it is; beyond someone simply saying it is, but explaining why so it is understood.
I do value your response.
Re: Why Is Return Fraud Illegal?
I am pretty new here but I am researching on this topic for a paper and I am interested in philosophical aspect you have presented. I think that is the kind of thinking law makers should be having while writing these laws. I have browsed several threads here and I doubt if people answering these threads have answers to philosophical aspect of your question. They may be able to say its wrong, you will get caught and what interstate laws may apply to you when you get caught, but according to me your question goes beyond that.
I am in no way implying what you are doing/may have done or plan to do is right in anyway. I am only discussing an issue you have raised. In some ways big corporations or businessmen are also deceiving citizens, but our laws are such that they can do it openly. Why arent they open about how much profit or loss do they make on each item? I agree that we dont need such itemized information, but at the same time they benefit by keeping it hidden and by deceiving us. Their perfectly planned operations of deceiving a common man are called sale strategies! However, it seems, this is the reality of the times we live in, doing business is all about deception and I have yet to come across a businessman who is honest in real sense of honesty!
Re: Why Is Return Fraud Illegal?
I can't answer all your questions, and I'm not a lawyer.
A couple of my viewpoints:
- When you buy a lot of stuff and then return it....you add to the stores overhead. Be responsible in your shopping....
- You buy something on sale 1 week. It costs $200. You lost your receipt, and want the store to give you a giftcard for the full $300 regular price. See where the store is losing? And yet you knowingly made the purchase while the item was on sale, thus you are profiting from the return.
- Another scenario: You buy a shirt that costs $40. You switch tags with another purchase that cost $20. Again, you are profiting $20.00, and the store is losing $20.