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  1. #1

    Default Return Fraud

    My question involves criminal law for the state of: NC


    Almost a year ago I was caught committing return fraud. I returned products that my sister had received for free from her work to a department store. I did this multiple times and the last time the LP called into his office. The mall police were also in the LP's office questioning me. Initially the LP thought I had been stealing the products from the store, but when I explained to him that I received the products for free from a relatives work and had been returning them for store credit or money he believed me. The store had me sign something saying I would not return to the store for 10 years. The police officer said he would have to look into what kind of charges could be filled. I never heard from the police officer about charges or the store about a civil demand. I know since the value of the merchandise I returned is approximately 3,000 that this is a felony and there is no statue of limitations on the police filing charges, but I was wondering how long the store has to send me a civil demand?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Return Fraud

    It is not illegal to take products to a store that you have received as a gift.

    As long as the store carries the product in question, I don't see why it would be illegal as long as you are open and honest about the circumstances.

    I don't even see why LP got involved unless you stated that you bought them in the store but lost your receipt.

  3. #3

    Default Re: Return Fraud

    When I returned the items I stated I received them as a gift, however I knew that they were not purchased from that department store. I may be unclear on what qualifies as return fraud. I thought return fraud was when you returned merchandise to a store for credit/cash even though you knew the merchandise was not purchased from there. There products were free to me and then I received cash for them.... is that not considered fraud? Thanks

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Return Fraud

    Usually, retail fraud is the presentation of merchandise stolen from that store for return and reimbursement.

    However, as long as the retailer is fully aware of the circumstances of the merchandise, no fraud has occurred.

    Lets say that you received product X as a birthday present. Aunt Tessie neglected to send you the receipt with it, but you know that retailer Y sells this product.

    You don't know where Aunt Tessie bought it.

    You take it to retailer Y and ask them to give you a store credit for it. They usually will.

    Now, the number and total amount of your returns would have sent up a red flag.

    What was the type of product you were returning anyway. Three grand is a lot of give away stuff to return.

  5. #5

    Default Re: Return Fraud

    I was returning mostly high end beauty products over a year long span. My sisters company receives these types of products all the time from there clients and so her company gives them to their employees. She then gave them to me. It will be a year next week since I was called into the LP's office. Do you think they will pursue a civil demand or prosecution?

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Return Fraud

    While it is still possibly, probably not.

    You didn't do anything illegal.

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