FlyerTalk Forums

FlyerTalk Forums (https://www.flyertalk.com/forum/index.php)
-   MilesBuzz (https://www.flyertalk.com/forum/milesbuzz-370/)
-   -   Would this be fraud? (https://www.flyertalk.com/forum/milesbuzz/535470-would-fraud.html)

sany2 Mar 12, 2006 3:53 pm

What this question does lead to is this:

Would it be fraud/illegal/worth it to open a paypal business account, and bill your own credit card x amount of money for x miles, paying the 2.9% rate plus the per transaction rate?

I can't find anywhere in their terms and conditions, after briefly reading them, that would say you couldn't.

I would go with no to fraud, and no to illegal, unless it is against the T&C, although even then it wouldn't be illegal.

sadiqhassan Mar 12, 2006 4:04 pm


Originally Posted by BSRdr
I've actually heard this is common practice for people trying to max miles/rewards using Costco as an example. One can purchase a very expensive item online at costco.com as they sell items up to $100,000+ there, and then return at any costco warehouse. At the return point they will not refund onto credit card and will only refund cash/check. So I'd guess many people use something like this loophope rather often.

Illegal, probably not, unethical tougher to say...

Wow! You would need to be pretty rich to have a credit card limit of 100,000$ :eek:

Cheers

sany2 Mar 12, 2006 4:29 pm


Originally Posted by sadiqhassan
Wow! You would need to be pretty rich to have a credit card limit of 100,000$ :eek:

Cheers

Searching Costco.com, I came across a $329,999 yellow diamond piece. Of course, it had to be purchased over the phone. I assume this would require a money transfer, and not a credit card purchase. No one will sell you something that expensive with a credit card.

I would assume that the same thing goes for anything over $100,000 (they will allow you to purchase a 99,999 diamond online, but not a $119,000).

dhuey Mar 12, 2006 7:16 pm


Originally Posted by psyflyer
...So is it fraud? Whether directly or indirectly fraud is fraud.
I'm no lawyer, but frankly the OPs scheme is certain to be classified as fraud or a derivative thereof. (period)

If you have no legal expertise, why do you opine that the OP's potential actions would certainly be fraud -- a crime and a tort? In my view, it is highly likely that it is not fraud of either sort, and would be at most a breach of contract.

As I mentioned, though, I do think this conduct is morally dubious.

dhuey Mar 12, 2006 7:25 pm


Originally Posted by freakflyer
Of course its fraud - against bank number 2. They will end up eating the interchange rate (e.g., if the store pays 3% for the card and you charge $1,000 on card 1 but return it to card 2, the supplier is whole but bank 2 will only get back $970 and have to pay you $1,000). Sounds like theft to me. Let alone the cost of the item that you have to return if the seller has to resell it as used.

You might save the "of course"s for more certain issues. Fraud is a crime with federal and state variations. It is also a tort, subjecting those who commit it to civil liability. Either way, fraud is a legal term with certain requirements. I would be very surprised if what the OP is proposing satisfies those requirements for any federal or state definition of fraud.

That doesn't mean I approve of the OP's proposed conduct.

RustyC Mar 12, 2006 8:03 pm

Would agree with others who've said you'd have a tough time getting a refund made to a different card.

freakflyer Mar 12, 2006 9:26 pm

Costco
 

Originally Posted by BSRdr
I've actually heard this is common practice for people trying to max miles/rewards using Costco as an example. One can purchase a very expensive item online at costco.com as they sell items up to $100,000+ there, and then return at any costco warehouse. At the return point they will not refund onto credit card and will only refund cash/check. So I'd guess many people use something like this loophope rather often...

I have have often had them credit my Amex card for refunds.Occassionally they have given me cash back for small $ transactions if I ask, but otherwise it goes back to the amex card.

ILUVCITIBANK Mar 13, 2006 3:42 am

A side comment to this, as a merchant who takes all major credit cards, I am not sure if I am legally or contractually required to only credit back to the form of card originally used, but as a practical matter we only credit back the exact same card. But can you guys believe as many as 2, or even 3 years ago, AMEX issued a T&C change that informed us that they would not longer refund discount fees w/ a refund or reversed charge ?

So, if I run an AMEX credit card for $1000 lets say...and I as the accepting merchant absorb the typical 3.00% discount, which I do ($30)....if the customer than changes their mind and returns product, and I refund the $1000 back to the creddit card...AMEX keeps the $30. How about this reprehensible practice ?

Anyone wonder why merchants don't like to accept AMEX products ?

Besides the extraordinarily-high discount fees compared to V and MC, AMEX's T&Cs are always onerous and one-sided.

Logically, this is why, from a reverse perspective, AMEX's affinity products *seem* to have much greater value than a given V and MC affinity product. If anyone ever studies the value of an AMEX-derived starpoint or an AMEX-derived HH point (earned at this ratio of 3:1 BTW), versus a visa or mc-derived affinity point or mile...no wonder AMEX inherently has the upper hand these days in terms of "VALUE", earned from such schemes as this one where they will not refund discount fees once they collect them, even if the charge is refunded.

Fraud by AMEX ? You be the judge.

martian Mar 13, 2006 7:02 am


Originally Posted by ILUVCITIBANK

Fraud by AMEX ? You be the judge.


Amen!

jologolf Mar 13, 2006 11:19 am

tried it.
well not exactly with bad intent.

Was at a Tiffany's this past weekend to return a piece of jewelry. Went back to return the goods. I didn't have my Amex that it was charged to. Since my wife is under my account, I thought they would credit her Amex(which she had). They said they needed the same card it was charged to. Maybe some mom and pop shops will let you do it but I doubt larger stores will.

zlc Mar 13, 2006 11:27 am


Originally Posted by freakflyer
Of course its fraud - against bank number 2. They will end up eating the interchange rate (e.g., if the store pays 3% for the card and you charge $1,000 on card 1 but return it to card 2, the supplier is whole but bank 2 will only get back $970 and have to pay you $1,000). Sounds like theft to me. Let alone the cost of the item that you have to return if the seller has to resell it as used.

Nothing illegal. Yes, bank 2 is out of $30, but bank 1 gained $30, that's why visa and MC rule require merchant to refund to the original card to prevent this type of problem. However, there is a loophole here since you can buy the item, pay off bank 1 and cancel the card, then return the item, since the original card no longer exist any more, the merchant have no choice but to refund to a different card.

CrazyOne Mar 13, 2006 12:11 pm

I recall getting a refund to a different card at Lowe's, although it was a year or two ago. I wasn't trying to do anything on purpose, just had switched everyday cards as I recall and didn't have the original purchase card with me anymore. I actually mentioned this to the clerk, she said "Well, let's try it", and it went through fine. The amount was small, though. And as it was a bit of time ago, it's possible they've tightened things up in the meantime.

I think the biggest issue in trying this (apart from any moral issue) is that of an unconnected large refund. I have to think that would trigger some kind of alert somewhere.

The problem of getting a negative balance refunded is also true, although you can mitigate this by using a debit card for the refund. A signature-based transaction on a Visa/MC debit card should be the same as one on a credit card. That refund would go right into your bank account, from which you could pay the original charge.

Another problem would be with trying to do this on an ongoing basis. If you become a frequent returner, some stores will cut off your return privileges. In some cases, as I recall, such info can be shared with other stores. So you can't necessarily just go around returning forever with impunity.

In general, it's probably more trouble than it's worth, which is yet another reason why this practice isn't widespread.

SPN Lifer Mar 13, 2006 5:06 pm


Originally Posted by lewinr
as far as I understand, money laundering (as an offence) is the act of taking illegal proceeds and making it appear as legitimate income. You can move money back and forth all day, but it is not money laundering unless the source of the funds was illegal. It may be a violation the T&Cs of the agreement with the credit card company (and other financial institions involved) but it is not money laundering.

As a former federal prosecutor for 6½ years, I can confirm that this is correct.

See 18 U.S.C. § 1956 (money laundering) (requiring transaction to represent the proceeds of a specified unlawful activity).

derpelikan Mar 13, 2006 11:17 pm

amex
 
the thing is working with amex.

you can pay for example a 10K item.
the points will be credited to your MR account after a 3days.

you can transfer them out and than cancel the item you bought.

you will get a - xxx amount of MR Points.

i dont know if amex lets you cancel your cards if you have a negative MR balance :)

dp

Family flyer Mar 16, 2006 8:09 am


Originally Posted by adamak
How do you refund to a different credit card? I was always told that it'll be credited back to the card you used to purchase, even if you don't have the card with you. ??

The answer to the above question is "it depends." I have encountered three types of returns:

1. Refund to original card: no card needed (receipt was scanned)
2. Refund to orginal card: orginal card required and refund receipt created
3. Refund to any card: no card needed if refund going to original card. Card needed if refund to different card.

I believe situation No. 1 is becoming more popular because if your spouse bought something and you returned it, you're stuck if you don't have your spouse's card.

Most responses here have addressed the legal/moral issues, but not the practical. Are you going to spend time every month finding large-dollar retailers that allow refunds to different cards?


All times are GMT -6. The time now is 3:05 pm.


This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.