Originally posted by
Starwood Lurker:
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">I am pretty sure that if something violates the Terms and Conditions of a program - hotel or otherwise - then it could be considered direct fraud upon any program.
Then again I also consider it fraudulent to try and gain from something for which you were never intended. No doubt others will disagree.</font>
This indeed is the crux of the controversy.
There has been an excellent explanation by
thesilb at the bottom of page one of this thread on the distinction between something being illegal criminally versus civilly.
See also Warning/Confession: I was caught selling miles!
http://www.flyertalk.com/forum/Forum.../008571-5.html
Speaking as a lawyer (I don't know if
thesilb has gotten his bar exam results yet!), I would add that in most jurisdictions, attempting to register for an online promotion for which one was not targeted
does not constitute fraud in a legal sense, unless there is an affirmative misrepresentation made.
Likewise, as
Punki and others have ably explained, it is the view of most on this board that not only is attempting to so register devoid of moral opprobrium, it also confers a benefit on the loyalty program that permits such registration.
The key point made by
Starwood Lurker is that such attempted registration is seeking to "gain from something for which you were never intended," and thus constitutes "fraud" in his view.
Not to beat
Punki's arguments to death, but if I had to wait the three months for third class mail to reach this part of the United States, I'd never be able to register for anything.
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Often the only way to tell if you're targeted IS TO TRY TO REGISTER!!!</font>
Quite simply, there may be some circumstances where knowingly attempting to register for a promotion to which you are clearly not entitled -- such as for different elite status members -- may actually be an ethical lapse.
Yet given the equal or greater prevalence of morally neutral attempts to register, shouldn't the service provider limit online registration if such registration is not desired by non-targeted individuals?
Bottom line: It's not fraud legally. It's seldom fraud morally. Service providers have no business squelching the free flow of information on Flyer Talk.