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Retailer Did not Deactivate Gift Card After Return

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sirhc

Junior Member
that law has absolutely nothing to do with your situation.

steal the money- go to jail

it's that simple
I was given the gift cards back by the manager of the store after returning them. If I had deceitfully kept the gift card numbers and used them that way, it would of course be considered stealing. When I was handed them by a store manager after returning them, that's like someone writing you a check and then suing you for depositing it because they meant to void it but forgot. Is that stealing?

Stealing to me seems like someone purposefully deceiving another person into giving them something or just taking it. In this case, I was handed the gift cards back by an irresponsible manager, I didn't do anything wrong in order to get them back. To me, it seems like the manager probably broke their store policy and would be the one in trouble for gross negligence, how would I be stealing by benefitting from that? You have to admit this is a grey area. If it isn't, show me a link that shows theft law being applied to a situation like this.
 


Silverplum

Senior Member
I was given the gift cards back by the manager of the store after returning them. If I had deceitfully kept the gift card numbers and used them that way, it would of course be considered stealing. When I was handed them by a store manager after returning them, that's like someone writing you a check and then suing you for depositing it because they meant to void it but forgot. Is that stealing?

Stealing to me seems like someone purposefully deceiving another person into giving them something or just taking it. In this case, I was handed the gift cards back by an irresponsible manager, I didn't do anything wrong in order to get them back. To me, it seems like the manager probably broke their store policy and would be the one in trouble for gross negligence, how would I be stealing by benefitting from that? You have to admit this is a grey area. If it isn't, show me a link that shows theft law being applied to a situation like this.
Your parents didn't teach you how to say "please," and to be pleasant while asking for help?
 

sirhc

Junior Member
Your parents didn't teach you how to say "please," and to be pleasant while asking for help?
I'm sorry, I didn't mean to be disrespectful, I'm just trying to understand the situation. I'm a law abiding citizen and I do not intend to keep the gift cards if it would be considered stealing to use them. Could you please help me understand the law by showing me what laws I'd be breaking? I really appreciate any help you can provide, I'm going through a really tough financial time right now and these gift cards would help me stay afloat. I don't feel entitled to them and would pay the retailer back if they ever asked me to, I just consider myself to be very lucky to have these gift cards. Of course, I do not intend to use them if I'd be defrauding the retailer and will immediately do what's right if the law says I can't use them. Again, I apologize if my previous messages came across as disrespectful and I really do appreciate all of the help :)
 

TigerD

Senior Member
I'm sorry, I didn't mean to be disrespectful,
Yes, you did. Show some pride in your jerkiness.

I'm just trying to understand the situation.
No, you are obviously trolling. It is a very good troll. I commend you.

I'm a law abiding citizen and I do not intend to keep the gift cards if it would be considered stealing to use them.
Don't be silly. A law-abiding person wouldn't even have considered stealing them - much less retaining the cards and testing to see if they were still valid.

Could you please help me understand the law by showing me what laws I'd be breaking? I really appreciate any help you can provide, I'm going through a really tough financial time right now and these gift cards would help me stay afloat.
Masterful. A plea through ignorance with a woe-is-me thrown over the top. This. This is how to troll well.

I don't feel entitled to them and would pay the retailer back if they ever asked me to, I just consider myself to be very lucky to have these gift cards.
lol. I'll gladly return the stolen property if you catch me... If only it worked that way.

Of course, I do not intend to use them if I'd be defrauding the retailer and will immediately do what's right if the law says I can't use them. Again, I apologize if my previous messages came across as disrespectful and I really do appreciate all of the help :)
Sir. You are a master troll.
I am in awe. Now pi$$ off.

DC
 

sirhc

Junior Member
Yes, you did. Show some pride in your jerkiness.

Don't be silly. A law-abiding person wouldn't even have considered stealing them - much less retaining the cards and testing to see if they were still valid.
Perhaps I didn't explain the situation well enough.

- I purchased the cards using legitimate money
- I didn't need them anymore so I went back to the store to return them, I had the cards in hand when I returned to the store
- The manager of the store helped me with the return
- The manager approved a refund to my account
- The manager told me to keep the cards and handed them back, telling me they'd deactivate them
- 2 months later the cards haven't been deactivated

I don't believe I stole anything, the cards were handed to me willfully.

What I'm trying to understand is what law applies here that would say I'm stealing them by using them? I know very little about theft law other than what's common sense. This seems to me like it extends beyond common theft law, would you agree?
 

justalayman

Senior Member
You have a card. You do not have any money.


give it up.


better yet, just go use the cards. Let us know how that works out for ya, if the jail allows internet access anyway.
 

sirhc

Junior Member
You have a card. You do not have any money.


give it up.


better yet, just go use the cards. Let us know how that works out for ya, if the jail allows internet access anyway.
As someone who's not a lawyer, I don't understand why it would be illegal to use the cards, could you please help me understand that?
 

justalayman

Senior Member
As someone who's not a lawyer, I don't understand why it would be illegal to use the cards, could you please help me understand that?
No, I can't. You are obviously incapable of understanding basic English and I do not know any foreign languages to try on you.
 

sirhc

Junior Member
No, I can't. You are obviously incapable of understanding basic English and I do not know any foreign languages to try on you.
All that's been said is that it's theft, no one has helped me understand why by sharing a link. That makes me think that you're making a best guess, not an informed answer based on the law. Please, if you think I shouldn't spend the gift cards, point me in the right direction to a law that says that. So far, unjust enrichment has been the only law referenced and that plays in my favor since it's not breaking the law to be unjustly enriched, it's only breaking the law if you refuse to pay back the enrichment after the retailer asks you to.
 

justalayman

Senior Member
All that's been said is that it's theft, no one has helped me understand why by sharing a link. That makes me think that you're making a best guess, not an informed answer based on the law. Please, if you think I shouldn't spend the gift cards, point me in the right direction to a law that says that. So far, unjust enrichment has been the only law referenced and that plays in my favor since it's not breaking the law to be unjustly enriched, it's only breaking the law if you refuse to pay back the enrichment after the retailer asks you to.

here's your link

http://bit.ly/1kvHBrd
 

LeeHarveyBlotto

Senior Member
I'm sorry, I didn't mean to be disrespectful, I'm just trying to understand the situation. I'm a law abiding citizen and I do not intend to keep the gift cards if it would be considered stealing to use them.
Does "decent human being" factor into your thinking at any point?
 

sirhc

Junior Member
Does "decent human being" factor into your thinking at any point?
You're not fully submersed in the situation the same way I am, I've left out details regarding the ethics that the retailer has employed. Since this is a legal forum, I'm simply trying to find out whether it would be legal or not, morals is something that I'd prefer not to debate because you're not in my shoes. At this point, can we agree that there's no law that says this is illegal? It still seems to me that the only law which may be relevant is unjust enrichment which would allow me to pay it back if the retailer asked me to with no further penalty. I'm still struggling to find any law that would classify this as theft, can you please help me out with that or can we agree that it isn't theft?
 

quincy

Senior Member
You're not fully submersed in the situation the same way I am, I've left out details regarding the ethics that the retailer has employed. Since this is a legal forum, I'm simply trying to find out whether it would be legal or not, morals is something that I'd prefer not to debate because you're not in my shoes. At this point, can we agree that there's no law that says this is illegal? It still seems to me that the only law which may be relevant is unjust enrichment which would allow me to pay it back if the retailer asked me to with no further penalty. I'm still struggling to find any law that would classify this as theft, can you please help me out with that or can we agree that it isn't theft?
Perhaps I missed this when reading the thread but, how do you know the cards were not "deactivated" if they have not been used? Usually the store will enter the card numbers, subtract from the amount on the card what is purchased (in your case, the full amount) and return the card. Even when there is nothing left on the card, the retailer returns the card.

So, if your account was credited for the full amount on the card (which, by the way, is an extremely unusual thing for a store to do - most do not do gift card refunds), the card in your possession will have a balance of $0.
 

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