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-   -   Recent event - An illegal procedure? (https://www.flyertalk.com/forum/milesbuzz/1271574-recent-event-illegal-procedure.html)

QBK Oct 21, 2011 10:30 pm


Originally Posted by Santander (Post 17314887)
This isn't Aeroplan or credit card related at all.
Yes, you can use an Aeroplan card at many retail places to earn miles in Canada as well (usually 1 mile per $ spent). This is actually quite disliked by people who actually fly AC for their miles.

Oops, sorry, my bad. Thanks for the correction. After three years living in Canadia, I should have figured that out. Probably would have if I'd ever gotten an Aeroplan account (instead of just crediting everything to UA).

Santander Oct 21, 2011 10:48 pm


Originally Posted by QBK (Post 17316000)
Oops, sorry, my bad. Thanks for the correction. After three years living in Canadia, I should have figured that out. Probably would have if I'd ever gotten an Aeroplan account (instead of just crediting everything to UA).

Air Miles is pretty much a worthless programme anyways. Absolutely horrendous earning and redemption rates.

belfordrocks Oct 22, 2011 5:40 am


Originally Posted by Santander (Post 17315329)
Yes, he is ripping off Air Miles in a miniscule way, but doing MRs and mini-RTW award redemptions are not exactly playing in the spirit of the game either.

If everyone followed "the spirit of the game", we'd all be paying $800 B fares to fly from Chicago to Milwaukee, then spending 100,000 DL Skymiles to redeem for a high-award from Tulsa to Atlanta... one way. :rolleyes:;)

Personally, I think what the clerk did is pretty ingenious. Next time if you get the same guy, ask if he's a FT'er.

aubreyfromwheaton Oct 22, 2011 3:47 pm


Originally Posted by NYBanker (Post 17315378)
What Federal crime do you contend has been committed?

I don't "contend" anything. IANAL and this is not legal advice. I know nothing.

but some federal crimes that he may be committing are listed in this outstanding legal source

http://en.wikipedia.org/wiki/Credit_card_fraud

or this:

http://www.law.cornell.edu/uscode/18/1343.html

If the card is swiped in one state, and the info goes to another state, and it's a fraudulent transaction?

http://www.lawyers.ca/statutes/crimi...nada_theft.htm

IANAL

emcampbe Oct 22, 2011 3:58 pm


Originally Posted by MoreMilesPlease (Post 17315239)
The thing is that someone must pay for those points/miles. Ain't nothing free in the mileage/points game.

Exactly. Someone is paying for these miles - in this case, the employer, Shell, would be. I have no idea for sure, but would suspect that this would probably be both against the Air Miles terms of use, as well as whatever papers the employee signed when they were hired.

On the other hand, wonder if this is technically any different from a Safeway, Kroger, or etc. employee scanning their own card to give a customer a discount. I've seen this happen countless times, particularly at Safeway from several associates. Which makes me wonder if it is actually an employee swiping their own card, or there really is a "courtesy card" that the cashier can use for those who "forget" their card. Really, this can't be helping the store. Sure, it gives the customer a discount, but what they really want is the data that can be tied to a customer, and they ain't getting it, even if they are legitimately swiping a "courtesy card."

Santander Oct 22, 2011 3:59 pm


Originally Posted by aubreyfromwheaton (Post 17318849)

How can it be credit card fraud when the clerk did the transaction as normal with the customer's credit card?

diljs Oct 22, 2011 9:33 pm

unethical...yes, against program rules...yes, illegal...don't think so.

aubreyfromwheaton Oct 23, 2011 2:51 am


Originally Posted by Santander (Post 17318901)
How can it be credit card fraud when the clerk did the transaction as normal with the customer's credit card?

laundering points/$ across state lines

Mora Oct 23, 2011 3:18 am

I really can't find this very unusual behaviour - same thing happend to me lots of times in the US and the UK in stores with some sort of loyalty programm that I didn't participate in. Sometimes these things even trigger discounts for you as a customer. We don't know if the card the guy used was his personal card or one belonging to the store/owner and that he was ordered to use it when a customer doesn't have a card themselves.

adamak Oct 23, 2011 3:52 am

Don't see why this is an issue? It sounds like those supermarket loyalty card. They don't care if I scan my cards when my friends are paying.

ibrick Oct 23, 2011 5:04 am


Originally Posted by adamak (Post 17320812)
Don't see why this is an issue? It sounds like those supermarket loyalty card. They don't care if I scan my cards when my friends are paying.

A point reward card holds a difference than a loyalty card at your local supermarket. The point reward program is posting points to the cust. account for the purchase, These points are paid for by the company using the cards for incentive, (In this case shell)
IE I charge a cust of mine 1000.00 on his credit card I make 1000.00 (Minus my monthly fee I pay for charging the card) If I charge a cust 1000.00 on his southwest airlines credit card I get 970.00... Just an example however you see someone is paying for this jackwagon to get "free" miles

pawtim Oct 23, 2011 5:14 am


Originally Posted by QBK (Post 17314806)
@aubreyfromwheaton and @rc408: Air Canada's Aeroplan program does things a bit differently. They offer an "Air Miles" card. It's not a credit card -- it's just a piece of plastic linked to your Aeroplan account. Various retailers offer miles (at a very low rate, like 1 mile per $20) for shopping with them.

I'm almost certain this is what the OP is talking about.

The closest U.S. parallel is probably the various airline shopping malls, where you can get miles just for routing your online purchase (e.g., Barnes and Noble) through the airline portal. Doesn't matter what credit card you use.

So it's not like the gas station attendant was doing anything funny with anybody's credit card (nor taking miles that the OP was entitled to). He was just racking up (very slowly) extra bonus miles via Aeroplan's affinity program. Ethically questionable? Maybe. But very probably not illegal, since his actions don't hurt the customer.

Thanks for explaining -- I too was wondering.

A similar thing could be done in the US with the "miles for groceries" type programs. For example, at Shoprite in the NY/NJ area, you can link your store loyalty card to CO and get one mile for every $2 spent -- but you have to spend at least $1,000 per quarter to get the miles. If I were a clever cashier, I'd consider doing this for customers who didn't have a loyalty card.

Jesperss Oct 23, 2011 8:29 am

The scent of jealously abounds in this thread. :rolleyes:

You have the Cartera 83k debacle where many are threatening class action lawsuits and here you have a clerk using his brain in collecting unused miles. If any of you were in the clerk's position you would do the very same thing.

I'll never get this place...

84fiero Oct 23, 2011 8:35 am


Originally Posted by adamak (Post 17320812)
Don't see why this is an issue? It sounds like those supermarket loyalty card. They don't care if I scan my cards when my friends are paying.

Right, it's not hurting the FFP any since the miles are awarded in exchange for a given $$ of spending - and someone is still spending cash in exchange for the points here. No different from picking up the tab on your miles earning CC when out to dinner with friends, and the other folks giving you cash for their portion later. Or any number of scenarios.

The retail loyalty card is a good analogy in many cases, as some establishments provide not just cents-off instant coupons but other rewards. Kroger gives money off gas purchases at its own gas stations (and participating Shell stations); CVS gives dolar-off coupons after a certain amount of spending; KMart has something similar. Cashiers often scan either a dummy loyalty card or their own if a customer doesn't have one. Several times I've been behind a customer at Kroger without a card, and just handed mine to the cashier so the customer could get a discount. The cashier never threw a fit that I was ripping off Kroger or violating some mysterious law against "points laundering"

The only possible issue here is that the cashier's employer could consider him to be using his position of employment for personal gain. Whether the employer cares or not, who knows. But I'm sure 3 months from now this thread will still be alive debating the matter!;)

vulgarboatman Oct 23, 2011 9:58 am


Originally Posted by Jesperss (Post 17321491)
The scent of jealously abounds in this thread. :rolleyes:

You have the Cartera 83k debacle where many are threatening class action lawsuits and here you have a clerk using his brain in collecting unused miles. If any of you were in the clerk's position you would do the very same thing.

I'll never get this place...

Jesperss, I am totally with you on this. We have people buying and returning goods to Costco and Nordstom just to get miles, not mention the whole mint coins deal, and this is seen as outrageous?


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