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Returned Wrong Item - What Do I Do? What Can They Do?

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  • 02-07-2009, 07:07 PM
    rid
    Returned Wrong Item - What Do I Do? What Can They Do?
    My question involves criminal law for the state of: IN


    I just discovered that I returned the wrong item to a major retailer which was priced around 130. They did not check the contents at the counter and did the return, and I see that they did not do the cc refund yet. this happened a couple days ago, I believe.

    What was in the box that I returned was a different brand of the same product class as the 130 one. I believe it was worth 80d. the broken product happened to be something that I bought from that same store btw.

    Should I go to the store with the real product for the box that I returned?

    No brainer - yes, you'd probably say. But for the following two points is why I am asking you all now:

    1) - there was another return by myself to that same store recently -maybe a week or two ago-- where a different product was in the box also (a 20d item was in a 40d box ). Similar thing. I discovered that, too, afterwards, considered going back, but because I was completely busy, never got around to it, saw that they did the refund and simply left it alone. The product that I do not want is still sitting in the basement.

    [if you want: a little bit more complexity in this trans: I bought both the 20d and the 40d items the same day on the same rec, and I intended to ret both , since they both did not work; However, I cd not find the 40d box - I thought. When I packaged the 20d product, I discoverd that the 40d price was returned. So I successfully returned the 20d item, and got back the 40d - which I wanted to return, too, but actually HAVE the 40d item - not working-. Since I actually pd for the 20d item anyway, I just let it go (being busy etc etc).
    ]


    2) further important backstory--
    Note-I also have done lots of returns at this store, probably above avg, which is one reason I did not get these items straight in my rush to return them by the rec expiry dt. this alone probably has put me on some sort of watch list. I am a picky buyer. their inspections of my buying history wd show that I have put their shareholders thru college, however. not a high end retailer. probably a small step above WM.

    So I am wondering - is it possible that the LP people of this big store has seen all this stuff go on (I assume they have seen this based on looking at some of the LP entries on this forum) and , if I go there, what might - what CAN -- they do?

    Does it matter that I am on their property?

    Even if I am coming to straighten things out, does being on their property mean that they can 'get me', whatever that means?

    Does coming over to the store with one or both products admit my guilt in return fraud? They might not ecen know aboit the 20/40 product affair.


    Vs if I just let it go, can they - or the police - come to my house and arrest me?

    Should i bring a lawyer? Let sleeping LPs lie? Does not getting the refund in their normal two days turnaround indicate something is up?


    how much does it take for a major retailer to give it to the police? Is it like jean valjean in lesmiZ and they wd do this even ofr a loaf of bread? This is 130d+20 or 40d, depending how you slice it, I remind you.

    I COULD bring BOTH products to get it straight. I dont want to raise too much dust and churn, however.


    As I review this, a couple things come to my mind, a comment and a question:

    1) if the clerk ck'd the item, the return wd not have happened, and I cd have simply gone back to get the real product; now i have to go thru all this anxiety.

    2) what prompts a major retailer go out and get the police involved?

    I read the net that this retailer has sophisticated investigation software and all that kind of LP stuff. Do they bring this investigative firepower to bear on any and all suspicious transactions or do they focus on bigtime pros?
  • 02-07-2009, 08:05 PM
    gigirle
    Re: Returned Wrong Item; What Do I Do? What Can THEY Do
    Quote:

    So I am wondering - is it possible that the LP people of this big store has seen all this stuff go on (I assume they have seen this based on looking at some of the LP entries on this forum) and , if I go there, what might - what CAN -- they do?

    Have u arrested on the spot.
    Quote:

    Does it matter that I am on their property?

    Even if I am coming to straighten things out, does being on their property mean that they can 'get me', whatever that means?

    Does coming over to the store with one or both products admit my guilt in return fraud? They might not ecen know aboit the 20/40 product affair.

    Were u told NOT to go on the property? If so, then yes it matters. Returning products is not an admission of guilt regarding fraud. You admit guilt to a court.
    Quote:

    Vs if I just let it go, can they - or the police - come to my house and arrest me?

    They can turn ALL of their info over to the prosecutor and let them make a decison as to how to proceed.


    Now that I'm reading this you have WAY too many questions about "what if" so I tell you what. ONCE and IF you are arrested, hire an attorney to represent you. You should also count on it, your behavior was enough for ANY halfway decent LP to pick up on. I also have a feeling that your constant return of the wrong items prompted return trips. They can combine returns to charge you in one big lump sum. You are a big enough of a fish that you should not return to the store. Its only a matter of time.
  • 02-07-2009, 08:14 PM
    rid
    Re: Returned Wrong Item; What Do I Do? What Can THEY Do
    thanks for getting back and sorry of the detail.

    Quote:

    Were u told NOT to go on the property?
    No. My questions are from my head. Your reply tends to make me not want to go there, even if I am trying to make things right.

    I don't even want or need the two products in question, but I don't want to get arrested either. I wd love to just give them back. But the multiple returns wd probably be suspicious to them. If arresting me on the spot if I go there is a distinct possibility, it probably wd not be the wisest thing to go there.

    Quote:

    They can turn ALL of their info over to the prosecutor and let them make a decison as to how to proceed.
    a cpl of questions:

    1) But if they have the products (if I give them back to them), wd that be relevant info to them or to the prosecutor that I did not want to take/keep this stuff?

    2) is the procedure for arresting people on these kinds of things (return fraud and the alleged perp is off property), then, for the store to give whatever evidence that they have to the prosecutor - is that the same as the police?

    3) Does the store have to file charges, or does the prosecutor file the charges, and the store data is all or some of the evidence? Can prosecutors get cc records summarily, or do they have to go thru a judge and get a warrant?

    finally a question on a term that u used--
    Quote:

    your constant return of the wrong items prompted return trips
    what does 'return trips' mean?
  • 02-07-2009, 08:35 PM
    mmmagique
    Re: Returned Wrong Item; What Do I Do? What Can THEY Do
    I would not return anything else, and "let sleeping lp's lie" (unless it's cyjeff, in which case I'd have to wake him up, just on principle!):p
  • 02-07-2009, 08:39 PM
    rid
    Re: Returned Wrong Item; What Do I Do? What Can THEY Do
    thanks for getting back. agreed to not return anything else there, but do you count trying to make the last return straight as a return? One thing I am concerned with is that they have not credited the refund on the cc yet, so I was wondering if this means that they really are NOT sleeping.

    actually, thinking about it some more: all the store has to do is NOT credit the cc back once they find out the product is not the same. Then I bought the darn thing. So one question is: when a store does a return trans at a register and gives the customer a receipt of that return, does that ALWAYS mean that the cc gets credited?
  • 02-08-2009, 07:15 AM
    cyjeff
    Re: Returned Wrong Item; What Do I Do? What Can THEY Do
    Quote:

    Quoting rid
    View Post
    thanks for getting back. agreed to not return anything else there, but do you count trying to make the last return straight as a return? One thing I am concerned with is that they have not credited the refund on the cc yet, so I was wondering if this means that they really are NOT sleeping.

    actually, thinking about it some more: all the store has to do is NOT credit the cc back once they find out the product is not the same. Then I bought the darn thing. So one question is: when a store does a return trans at a register and gives the customer a receipt of that return, does that ALWAYS mean that the cc gets credited?

    I would still try to go and make everything right.

    This does happen occasionally... now, having said that, if this established a pattern of returns for products significantly lower than the returned items, this could be seen as repeated incidents of retail fraud.

    I will give you two real life examples from my days as a manager at a now defunct electronics retailer.

    One, a kid bought a handheld portable gaming device to replace a broken one. the new one wasn't working either, so mom brought it back for an exchange. Unfortunately, mom, who didn't know better, put the old one in the new box. We caught the differences in serial numbers, mom was appalled and quickly returned with the new product... because she honestly made a mistake. No harm, no foul.

    Two, a guy bought a television of the same manufacturer as a TV he had purchased several years before. He decided to return the new TV under the return policy. However, my team checked the serial numbers and, somehow, the old TV found it's way into the new box...

    In the second case, fraud was obvious... the packaging material had actually been cut to fit the older TV... and the remote actually had FOOD in it.

    Anyway, we told #2 that we wouldn't accept the return of the old TV... and, if he had just taken it and walked away, wouldn't have had a problem. However, he decided to harass both my staff and myself and INSISTED that this was the new TV.... even after I showed him that the serial number was from his previous purchase...He ended up being arrested for retail fraud.

    It is all in your attitude and your relationship with this retailer. If this is another in a long list of "mistakes", each one takes on less and less credibility.
  • 02-08-2009, 07:16 AM
    cyjeff
    Re: Returned Wrong Item; What Do I Do? What Can THEY Do
    Quote:

    Quoting mmmagique
    View Post
    I would not return anything else, and "let sleeping lp's lie" (unless it's cyjeff, in which case I'd have to wake him up, just on principle!):p

    You really don't want to do that.

    According to my wife, I am "Grumpy Bear" first thing in the morning... I don't see it.
  • 02-08-2009, 08:37 AM
    jk
    Re: Returned Wrong Item; What Do I Do? What Can THEY Do
    Quote:

    Quoting cyjeff
    View Post
    Y

    According to my wife, I am "Grumpy Bear" first thing in the morning... I don't see it.

    probably because you still have your eyes closed, being morning, just waking up, and all.:eek:

    Open them eyes and look in the mirror. I'm betting Mrs. Cy is correct.;):D
  • 02-08-2009, 05:34 PM
    restitutioner
    Re: Returned Wrong Item - What Do I Do? What Can They Do
    I would return to the store and tell them about the substituted returned items ... or at least the second one (you might make them suspicious if you tell them about BOTH occurrences). If you don't tell them, you'd better stay out of that store. Also, while you are waiting to see if your CC is credited and you got away with it, you could be arrested tomorrow at your home (after they get your address from your CC company or your license plate).

    I speak as a former shoplifter who was arrogant, gambled, and got caught. If you don't tell them what happened, even if the subsitutions were accidents, you are a shoplifter since you are cognizant of what really happened. And while you might very well be good at shoplifting, I guarantee you they are better.
  • 02-10-2009, 12:20 AM
    rid
    Re: Returned Wrong Item - What Do I Do? What Can They Do
    Quote:

    you are a shoplifter since you are cognizant of what really happened
    So if I go over to the store and try to explain, this constitutes knowledge and therefore a form of a confirmation of wrongdoing?


    So the answers to what they CAN do:

    * arrest me on the spot if I step foot in the store

    * have cops come and get at my house me from my cc records

    ouch.

    I look at the cc not to see whether I got away with it, but to attempt to find out what is going on on their side, to see movement by them, and what movement or non movement might mean. I wd be really fine with scenario #1 below since either of the two scenarios above are not very nice.

    So far, no cc crediting. Is it possible that LP simply said,

    1) 'we won't credit her cc'; case closed; we got our money?
    or
    2) 'we won't credit her cc'; we'll wait til she comes in and asks about the transaction, then get her?
    or
    3) 'we won't credit her cc'; we are now assembling the evidence to go to her house to arrest her?

    what are customary things that LPs do in this situation, assuming the customer does not come in?

    the first poster suggested that I might be a big fish due the frequent above avg returns. But none except the one I mentioned last week were wrong product in boxes returns.

    last poster: was that your experience, that the cops came to your door to arrest you? if so, what was the value of your s-lifted stuff?

    cy mentioned not what they CAN do, but what they very well MAY do , depending on how I present myself, which is VERY interesting - thanks. but isnt cy, or someone on this forum, who keeps saying that you cannot tell the future.
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