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Would this be considered fraud? (regarding returning an item)

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M

MIMIC

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OK, here's the deal. I have identical DVDs: one from Best Buy (item #1) & one from somewhere else (item #2). I confused the two and accidentally opened the Best Buy one. >_<

Would I be defrauding the store of I tried to pass off item #2 as item #1 in an attempt to return it? It hasn't been opened (still in shrink wrap) and has the EXACT same UPC code. I even have the Best Buy receipt and it hasn't even been 7 days.

I even looked up return fraud and my situation isn't described so I was just wondering whether or not this would be considered as fraud.

I WILL NOT attempt to actually do this and I am not seeking approval. I'll probably sell it online or something. I'm going into law and if this WAS illegal, "charged for fraud" would not look nice on my record. But I am curious because it's a gray area: I'm not attempting to make any sort of profit AND I'm returning identical merchandise.
 
You are the problem with the economy. Just fucking do it, what are you going to go to jail or something?
 
I'm pretty sure a minimum wage employee doesn't care enough to turn you over to the police, and if they some how find out it isn't the same item they will most likely just give it back to you and say nice try bro.
 
grap3fruitman said:
If you have identical DVDs then how do you even know which one is from which store?
Click to expand...

I didn't realize it until now, but the Best Buy one has a Best Buy sticker on it....so now it wasn't identical "wrapping", just identical DVDs. But you can just peel it off and put it on the other one.

They would be able to track the UPC or whatever so they know it's not the right one
Click to expand...

Even if the numbers are identical? I would assume the barcode is unique? I know nothing about this, btw.

If it is not the exact same item you bought, it is fraud.
Click to expand...

But criminally, is it really fraud? I mean, it's dishonest but does it hold up with the legal definition?
 
Best Buy have scanners that can tell if that copy came from their store... it's something else, not necessarily the UPC code, just don't try it
 
Medalion said:
Best Buy have scanners that can tell if that copy came from their store... it's something else, not necessarily the UPC code, just don't try it
Click to expand...

Oh. Well I guess it would be a TYPE of fraud (that I don't know about) since they track the origin of purchase.
 
as long as the UPC is the same, it doesn't matter.

best buy is pretty easy going on returns also (as long as there is a receipt present), you got 30 days from date of purchase. get on it soon.

edit:

go to a different best buy than the one you bought it from if you are worried. even if they have a magnet sensor inside, they aren't going to stop you if its shrink wrapped and has the security sticker. it's a $10-20 item. not a fucking PS3, or $1000 tv.

worst case scenario, they'll say no. if that happens return it without a receipt to walmart. say you got it as a gift.
 
Medalion said:
Best Buy have scanners that can tell if that copy came from their store... it's something else, not necessarily the UPC code, just don't try it
Click to expand...


No they don't...I haven't worked in retail since I was a teenager but I remember we used to check the receipt to see if they bought it in that particular store, and I can't believe they've invested a shed-load of money to make unique store-dependent barcodes in the last 10 years.
 
How the heck is it fraud? They're getting the exact same product they sold you returned to them, there's nothing wrong with this.
 
Medalion said:
Best Buy have scanners that can tell if that copy came from their store... it's something else, not necessarily the UPC code, just don't try it
Click to expand...
If the barcode is the same there shouldn't be a problem. I never heard of these special scanners, and I work at BB!
 
The very worst that can happen is that some spotty kid goes "that's not one of ours" and you go "are you sure" and he goes "yeah, sorry" and you go throw some acid in his face and run out the door.
 
MIMIC said:
I didn't realize it until now, but the Best Buy one has a Best Buy sticker on it....so now it wasn't identical "wrapping", just identical DVDs. But you can just peel it off and put it on the other one.



Even if the numbers are identical? I would assume the barcode is unique? I know nothing about this, btw.



But criminally, is it really fraud? I mean, it's dishonest but does it hold up with the legal definition?
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Why wouldn't it ? You are trying to return another item with a receipt that wasn't for that item. It would be like buying a new game console and returning the one you had lying around for months.

It's fraud, even if they don't/wouldn't prosecute you for it.
 
Best Buy probably wouldn't give a damn. A multi-billion dollar business won't lose sleep over having to happen to them, hell it will go straight back on the shelf for sale.

I know for a fact that at least one big retailer in the UK doesn't give a damn and return stuff from other retailers if they stock it because they can sell it.
 
Technically speaking, it IS fraud, however in this case I think you are in the clear morally.

If the UPC codes are exactly the same then there is no way for them to know (assuming you don't leave some sticker from the other place still on the case).

If for some reason they DID know the DVD wasn't from their stores, they would just tell you they can't accept the return and hand it back to you.

When I worked retail we had people all the time try to return stuff with stickers still on the cover from other competitor stores. Sometimes they got through, other times the service desk person caught it (and sometimes they took it back even though they KNEW it wasn't from our store).

Go ahead and try to return it.
 
DurielBlack said:
Technically speaking, it IS fraud, however in this case I think you are in the clear morally.

If the UPC codes are exactly the same then there is no way for them to know (assuming you don't leave some sticker from the other place still on the case).

If for some reason they DID know the DVD wasn't from their stores, they would just tell you they can't accept the return and hand it back to you.

When I worked retail we had people all the time try to return stuff with stickers still on the cover from other competitor stores. Sometimes they got through, other times the service desk person caught it (and sometimes they took it back even though they KNEW it wasn't from our store).

Go ahead and try to return it.
Click to expand...

Your not from the UK are you?

Did you work at a department store by any chance?
 
Medalion said:
Best Buy have scanners that can tell if that copy came from their store... it's something else, not necessarily the UPC code, just don't try it
Click to expand...
6370c7ae0bc45b5bc59bab47e3ada6ceecf1be83_m.jpg
 
confused said:
Why wouldn't it ? You are trying to return another item with a receipt that wasn't for that item. It would be like buying a new game console and returning the one you had lying around for months.

It's fraud, even if they don't/wouldn't prosecute you for it.
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No, it wouldn't. The second DVD is still sealed and, there's basically no difference between packages and the disc itself. Consoles have unique serial numbers on the box that matches the console. That would be way riskier. I have no idea whether this is technically fraud or not.
 
Say "my girlfriend bought me this a couple days after I bought this online, I wanna take it back".

If they say "this didn't come from our store", say, "oh sorry, I must have grabbed the wrong copy, damn, I have to go back home! I'll be back later with the other copy."

This would only work without the best buy stick attached, though. There's exactly zero chance you'd get charged with fraud or face any charges whatsoever.
 
confused said:
Why wouldn't it ? You are trying to return another item with a receipt that wasn't for that item. It would be like buying a new game console and returning the one you had lying around for months.

It's fraud, even if they don't/wouldn't prosecute you for it.
Click to expand...
I know someone who's done that before (though it was only a week or so old).
 
There is absolutely no way for them to know you didn't buy it there.

If it is the exact same item, returning it should provide no legal nor ethical dilemma.
 
No, you're giving them back the same exact item in completely new condition, and the UPC is the same so they can't tell anyway.

I see no problem with this. Morally or legally.
 
FyreWulff said:
No, you're giving them back the same exact item in completely new condition, and the UPC is the same so they can't tell anyway.

I see no problem with this. Morally or legally.
Click to expand...

A friend of mine bought games on sale from some store for like 5 dollars, returned them to Walmart locations for 20+, then used that Walmart credit to buy a gamecube.

I guess in the OP's case the store isn't receiving extra unrequested stock of the item though.
 
The fact that someone is scared of having their item handed back to them kind of has me worried.

Timedog said:
A friend of mine bought games on sale from some store for like 5 dollars, returned them to Walmart locations for 20+, then used that Walmart credit to buy a gamecube.

I guess in the OP's case the store isn't receiving extra unrequested stock of the item though.
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Gamestop sold games to people and when they were returned gamestop resealed them and sold them as "new" games.
 
Not fraud, since the object you are representing (a best buy dvd) has the exact same value as the object you send back (a dvd from some other store).
 
Moppet13 said:
The fact that someone is scared of having their item handed back to them kind of has me worried.


Gamestop sold games to people and when they were returned gamestop resealed them and sold them as "new" games.
Click to expand...

Does new or second-hand even matter anymore if all games are just locked-up (booklet and DVD's only) in a drawer behind the counter ? With the employee just placing the insides back in the box for you ? How would/do you know ?
 
Moppet13 said:
The fact that someone is scared of having their item handed back to them kind of has me worried.


Gamestop sold games to people and when they were returned gamestop resealed them and sold them as "new" games.
Click to expand...

I'm quite unsure what that has to do with my quote, but anyways, didn't they get sued for that or something?
 
confused said:
Does new or second-hand even matter anymore if all games are just locked-up (booklet and DVD's only) in a drawer behind the counter ? With the employee just placing the insides back in the box for you ? How would/do you know ?
Click to expand...
Well if I'm paying retail for a used game that they advertise as new. Yes it does. I rather not get a potentially scratched Xbox game over an untouched Xbox game.

Quick google search. http://kotaku.com/5205385/gamestop-sells-played-games-as-new-sources-say-practice-could-be-illegal

Timedog said:
I'm quite unsure what that has to do with my quote, but anyways, didn't they get sued for that or something?
Click to expand...

Sorry if I was vague, it's like 3am. They were just doing a similar practice as your friend in my opinion. Yeah they got punished for it, but its different at a corporate level.
 
confused said:
Does new or second-hand even matter anymore if all games are just locked-up (booklet and DVD's only) in a drawer behind the counter ? With the employee just placing the insides back in the box for you ? How would/do you know ?
Click to expand...
Maybe you are just used to that in your country, but it's not like that in other countries. In the US /JP/HK etc. new games are in factory seal. Open =/= new. New and opened should get you a discount.
 
Medalion said:
Best Buy have scanners that can tell if that copy came from their store... it's something else, not necessarily the UPC code, just don't try it
Click to expand...

lol wha?
 
i'm going to add the fact that i worked at a retail store in returns for two years. only 1 out of every 4 or 5 returns were simple returns with receipt and item in its packaging. when those came along i never asked any questions, just got them on there way. the rest of the returns were open items, no receipts, people trying to find loop holes in return policy, and just a bunch of other things that were a pain in the ass.

you coming in there with a simple return such as that will be a nice little breath of fresh air.
 
Timedog said:
Say "my girlfriend bought me this a couple days after I bought this online, I wanna take it back".

If they say "this didn't come from our store", say, "oh sorry, I must have grabbed the wrong copy, damn, I have to go back home! I'll be back later with the other copy."

This would only work without the best buy stick attached, though. There's exactly zero chance you'd get charged with fraud or face any charges whatsoever.
Click to expand...

You are now an accessory to fraud.

Fraudster...
 
gogogow said:
Maybe you are just used to that in your country, but it's not like that in other countries. In the US /JP/HK etc. new games are in factory seal. Open =/= new. New and opened should get you a discount.
Click to expand...

I know publisher that don't factory seal, does that make them second-hand ?
 
confused said:
I know publisher that don't factory seal, does that make them second-hand ?
Click to expand...
Changing goal post much? That's not what you said...ALL games and maybe just one publisher on one continent doesn't seal their games are quite different.

confused said:
Does new or second-hand even matter anymore if ALL games are just locked-up (booklet and DVD's only) in a drawer behind the counter ? With the employee just placing the insides back in the box for you ? How would/do you know ?
Click to expand...

And which publisher doesn't seal their games on a worldwide basis? Like I said, you are used to the fact that the store employees just open up all the games and put the discs and manuals in the back. Those practices aren't used in all countries.
 
Don't worry about it, it sounds fine. I've done something similar except what I had didn't work.

I imported Brawl (+freeloader) way back. I updated my Wii a year later and it was useless to me. I went to Game and traded it in for another game.
 
Curiosity got the best of me so I called the Best Buy and inquired. I explained that the DVD came from somewhere else and after a slight hesitation, the woman explained that it would be perfectly fine to return it. Her only concern was whether the UPC codes were the same (which they were). But she said "don't say anything". lol

So I guess it's just one of those matters where there's no real guideline.
 
That's not really a problem to my knowledge, I bought Bionic Commando from Best Buy at $40 and when Gamestop put it on sale for $20 less than a week later I bought a copy from there and returned it to Best Buy and got my $20 back.

It's the same product.
 
MIMIC said:
I didn't realize it until now, but the Best Buy one has a Best Buy sticker on it....so now it wasn't identical "wrapping", just identical DVDs. But you can just peel it off and put it on the other one.
Click to expand...
They may look for this and refuse the return.
 
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