True, but irrelevant. We're talking about commerce, not armed robbery.
Trying to return something to a store is not fraud. This guy in particular always intended to pay for a case like his wife's. If he didn't get what he expected, then returning the product for a refund is reasonable and legal. If he sends them a note saying, "I am returning the product and canceling my payment; where should I send it?" then no fraud has been committed.
When the terms explicitly state no refunds though, "returning the product and canceling the payment" is not an option. You bought it, you own it, and the store is under no obligation to either take the item or give you your money back.
I'd fully expect to be sued for fraud and lose if I attempted what's being described here.
Fraud is "intentional deception made for personal gain". By attempting to return, he would make no deception.
Also, the stuff printed on a dot-matrix receipt does not have the force of law. A store's policies describe what they normally do. That's just where you begin the negotiation.
>By attempting to return, he would make no deception.
Turn it around a bit. Let's say you buy something from your average big box store, like a piece of software. You are informed both by signs in the store, on your reciept, and let's say you're extra cautious and ask the checker what the return policy is.
That policy is always some variation on "Opened software will not be accepted for refund, only exchange of the same item".
You buy the item anyways.
Later, you decide you don't like it - not because it's defective, because that's an entirely separate category of law (and you could always do an exchange anyways), but that you simply decide you don't want it anymore.
You take it to the front counter and attempt to do a refund. Denied - the clerk and manager both point at the sign on the wall and the text on your reciept with the same refund policy text from earlier.
You go home, call your card company, and attempt to do a chargeback.
How is what you did not fraudulent? Did you not accept the terms by purchasing something from a company that said they won't take $item back? You are basically forcing the company to give you money against their will - all while you still have the item. There's no obligation in law that entitles you to a refund.
I don't mean this to be offensive, but people like you are what scare me in the business world. If you don't like a retailer's posted policies, you should shop elsewhere.
I'm not interested in aiding your search for a hypothetical case that will let you feel right. You asked if canceling the charge would be fraud in this case. I explained why it wouldn't be.
If you'd like to carry on getting screwed just because somebody put some lawyerese on a sign, feel free. That's what consumers do, I guess. But negotiation is a fundamental part of business. I'm starting business #5 now, and I've always been happy to make things right for a customer. If Best Buy is smart they'll do that here just like they do in the stores.
>You asked if canceling the charge would be fraud in this case. I explained why it wouldn't be.
Problem is I disagree with your premise, namely that an "attempt" to return something is good enough in the face of a policy that says "no returns". And then you come back and take my money anyways. WTF dude?
I'd love to see something that backs that up.
You're beyond negotiation at that point anyways - Money has changed hands and the transaction is complete.
Disagree all you like. I explained what fraud was. No misrepresentation = no fraud.
The transaction is definitely not complete just because you've given somebody your credit card number. Credit cards aren't cash; they serve an escrow function. Thus, the chargeback. And even if cash were paid, you still have recourse to the courts and the ocean of consumer protection law out there.
You're never beyond negotiation. Especially in a case like this, where there's not only the credit card company and small claims court, but an ongoing business relationship and a brand that the company would like to protect. You may decide not to negotiate, but that's a choice.
So, how about this. You purchase the software, get home, and find a horribly offensive clause in the EULA that you don't want to accept. You bring it back to the store, and attempt to return it, but it's denied because of their refund policy.
The item wasn't defective, but you also were unable to get any use out of it.
