What is the name of your state (only U.S. law)? NE
Not quite sure about how to ask this without divulging the specifics (and sorry for length).
So let me first put it like this - I buy something. Then I return it to the same place and with the same original receipt. And by doing so i benefit financially. But there is no material misrepresentation involved - eg, no fake or altered receipts, no tampering with the product, no lying or overt act to deceive, nothing. Each step in the process is otherwise legal and follows the rules as prescribed by each store. But in the end, because of a specific loophole that i discovered in THEIR systems, I benefit - and i am now starting to repeat it.
The closest example (though not exact, since it involves a 3rd party) i can think of would be this - some grocery stores offer air mileage for purchases. They say returned items will adjust the miles accumulated but ive noticed that doesnt happen. Therefore, i could buy something, earn the miles, and then return it (all legal steps) - and would come out ahead on miles with no out of pocket expense. So transactionally speaking, my current situation is similar, only much more "profitable"
I guess my initial questions are:
1. Can theft or fraud be proven, by ONLY showing intent? (It would be pretty easy to argue that i have an INTENT to benefit since im starting to do it multiple times across many stores, but isnt more than intent needed for it to be an actual crime?) There is no misrepresentation, I am not physically taking something out of the store without paying for it, or for which they aren't freely giving me. I am following the rules and steps which they laid out, and simply found a way to benefit from it. In fact, a few cashiers have noticed how I am benefiting and told me to not worry about it.
2. Is it illegal to repeatedly exploit a loophole, knowing its there and doing nothing about it - either by ceasing to exploit it, or not telling the stores of the loophole (ie, good samaritan law)?
3. Is the simple act of buying something, knowing full well that I am going to return it, illegal? And then doing that over and over and over again? if its legal to buy and legal to return, why would doing it 100 times make it any less legal?
4. And if what i am doing is illegal, can someone specifically state what crime I might be committing so I can research it further? Is it theft, or fraud, or some kind of contract issue?
And sure, I know what I am doing is morally questionable, but i need some guidance to know if its actually breaking the law. I suppose the stores are well within their rights to refuse my business if they ever find out, but I struggle to see how what I am doing is criminally illegal since they own the stores and they make the rules and I am merely following them. corporations exploit loopholes all the time, so why cant citizens? (i actually view it as more of a unilateral contractual issue in that regard since they set the rules of the game).
TIA
Not quite sure about how to ask this without divulging the specifics (and sorry for length).
So let me first put it like this - I buy something. Then I return it to the same place and with the same original receipt. And by doing so i benefit financially. But there is no material misrepresentation involved - eg, no fake or altered receipts, no tampering with the product, no lying or overt act to deceive, nothing. Each step in the process is otherwise legal and follows the rules as prescribed by each store. But in the end, because of a specific loophole that i discovered in THEIR systems, I benefit - and i am now starting to repeat it.
The closest example (though not exact, since it involves a 3rd party) i can think of would be this - some grocery stores offer air mileage for purchases. They say returned items will adjust the miles accumulated but ive noticed that doesnt happen. Therefore, i could buy something, earn the miles, and then return it (all legal steps) - and would come out ahead on miles with no out of pocket expense. So transactionally speaking, my current situation is similar, only much more "profitable"
I guess my initial questions are:
1. Can theft or fraud be proven, by ONLY showing intent? (It would be pretty easy to argue that i have an INTENT to benefit since im starting to do it multiple times across many stores, but isnt more than intent needed for it to be an actual crime?) There is no misrepresentation, I am not physically taking something out of the store without paying for it, or for which they aren't freely giving me. I am following the rules and steps which they laid out, and simply found a way to benefit from it. In fact, a few cashiers have noticed how I am benefiting and told me to not worry about it.
2. Is it illegal to repeatedly exploit a loophole, knowing its there and doing nothing about it - either by ceasing to exploit it, or not telling the stores of the loophole (ie, good samaritan law)?
3. Is the simple act of buying something, knowing full well that I am going to return it, illegal? And then doing that over and over and over again? if its legal to buy and legal to return, why would doing it 100 times make it any less legal?
4. And if what i am doing is illegal, can someone specifically state what crime I might be committing so I can research it further? Is it theft, or fraud, or some kind of contract issue?
And sure, I know what I am doing is morally questionable, but i need some guidance to know if its actually breaking the law. I suppose the stores are well within their rights to refuse my business if they ever find out, but I struggle to see how what I am doing is criminally illegal since they own the stores and they make the rules and I am merely following them. corporations exploit loopholes all the time, so why cant citizens? (i actually view it as more of a unilateral contractual issue in that regard since they set the rules of the game).
TIA
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