Recent event - An illegal procedure?
#16




Join Date: Dec 2010
Location: WAS-ish
Programs: UA 1K-MM + UC, Marriott Plat, National Exec
Posts: 1,343
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).
#17


Join Date: Apr 2011
Location: CHI / SFO
Programs: UA*G, AC*S, Marriott LTP, National Exec
Posts: 3,893
Air Miles is pretty much a worthless programme anyways. Absolutely horrendous earning and redemption rates.
#18


Join Date: Dec 2009
Posts: 5,443


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.
#19

Join Date: Jun 2010
Programs: Whatever's Cheapest, Accruing Miles, Redeeming for Premium Cabins, Not Chasing Status Unnecessarily
Posts: 2,265
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
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
Last edited by aubreyfromwheaton; Oct 22, 2011 at 3:55 pm
#20
FlyerTalk Evangelist



Join Date: Oct 2006
Location: SFO/SJC
Programs: UA Silver, Marriott Gold, Hilton Gold, IHG Platinum
Posts: 16,182
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."
#21


Join Date: Apr 2011
Location: CHI / SFO
Programs: UA*G, AC*S, Marriott LTP, National Exec
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#23

Join Date: Jun 2010
Programs: Whatever's Cheapest, Accruing Miles, Redeeming for Premium Cabins, Not Chasing Status Unnecessarily
Posts: 2,265
#24




Join Date: Aug 2009
Programs: IC Diamond Amb, Bonvoy Platinum, Hyatt Explorist, HH Diamond
Posts: 328
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.
#26
Join Date: Apr 2011
Location: NH
Posts: 192
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
#27

Join Date: May 2001
Location: RSW/FMY
Programs: All, but no status!
Posts: 754
@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.
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.
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.
#28

Join Date: Dec 2010
Posts: 1,312
The scent of jealously abounds in this thread. 
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...

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...
#29




Join Date: May 2009
Location: South Park, CO
Programs: Tegridy Elite
Posts: 5,677
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!
Last edited by 84fiero; Oct 23, 2011 at 8:35 am Reason: typo
#30

Join Date: Jun 2011
Posts: 63
The scent of jealously abounds in this thread. 
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...

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...

