My question involves criminal law for the state of: nebraksa
hi, my question involves return fraud (i think) - a term i hadnt even heard of until the other day. However, that seems more like a slang term rather than a legal one. and when i look up the typical examples of return fraud - my situation doesnt seem to fit exactly.... (it could be theft buy decieption, though there seems to be no deciept on my part).
so i came across a possible loop hole in a store's return policy which ultimately allows me to come out ahead in the end. its as simple as this - i buy something, then return it, and in doing so i earn other credits through a program the store offers which then dont get adjusted downward upon the return.
im not lying or misrepresenting anything, or changing bar codes or the product in the box or using the product at all. the receipt is the real one. i follow every single rule the stores puts forth when it comes to returns. they even address the credit program in the fine print by saying your balance MAY be adjusted if items are returned. so, like i said, i think its a loop hole because even though they have contemplated this issue via the rules, they have apparently chosen not to make the adjustment (and i do think it is significant that they specifically contemplate the issue in the terms, because then they cant argue its implied).
so the only issues i think need to be addressed are these -
1. is it illegal to buy something KNOWING you are already going to return it? in and of itself i cant imagine doing that would be illegal. now, maybe combining this "preconceived plan" with the repetition of the act AND the ability to profit makes it illegal? but i always thought with fraud that there had to be some kind of overt act of misrepresentation and im not misrepresenting anything or going against any of the stores policies (other than some kind of thinly implied understanding in the retail world that if a customer buys something - he is doing so with some attempt or minimal desire to keep it and not return it?)
2. maybe the question is - is intent ALONE, enough to prove some kind of fraud? because im not otherwise misrepresenting or lying or deceiving any part of the process. so if i enter the store with the intent to profit, and still follow all the rules - does that intent by itself make the entire thing illegal even if im following all of the store policies ?
3. in and of itself, is it illegal to take advantage of a known loop hole? its not like the store hasnt addressed this issue. its not like they couldnt make the adjustment when returns are made. and since its their business to run, its not MY job to tell them how to do theirs. they have seemingly and knowingly left the loop hole open. why? who knows (though, i actually have an idea why and its sort of the opposite of my issue - where they are using the threat of making this adjustment to customers because it, in turn, benefits the store to do so.....funny how that works). so im trying to make a legal distinction rather than a moral one. corporations knowingly (and seemingly legally) exploit loop holes every day. isnt this the same thing?
4. is it possible this is more of a contractual issue since it involves the program points which are separate from the retail acts of buying and returning?
disclaimers -
1. im trying to discuss the legal ramifications - not the moral ones. so please dont turn this into a morality issue because i already get that (unless you can tie it to a specific law).
2. im not going to share the name of the store or the exact specifics of the situation.
thanks

