Shopping Abuse and Fraud: Can You Be Arrested for Returning Worn Items? - FindLaw (2024)

FAQs

Can you get in trouble for returning items? ›

Can you be arrested for returning a used item of clothing to a store? The short answer is – yes, it is possible.

Return fraud is an online scam that occurs when a person purchases an item from a retail store with the intent to return it immediately or use duplicate receipts to get money back. It is the act of defrauding a retail store via the return process. Fraudsters commit this crime in various ways.

Retail return fraud comes in many different forms, and consumers that engage in any of those forms can be arrested and charged. Though fraud may sound harsh, most retail return fraud fits the general elements: A misrepresentation of a material fact.

Refund abuse (aka. returns abuse) occurs when a customer uses the returns policy of a merchant so much that it becomes unprofitable. Customers may also abuse refunds by faking returns/receipts, or reselling merchandise.

But you might want to be careful because too many returns can get you banned. If you make returns you have probably noticed that a lot of stores will ask for your driver's license. It's not just to prevent theft. It's also so they can enter your name into a national tracking system.

Unfortunately, returning a stolen item does not cancel out the intent to steal. While returning an item or asset shows remorse, you still stole the item to begin with which means you intended to break the law and proceeded to do so and keep the stolen item until you felt remorse.

Return abuse is a form of "friendly fraud" where someone purchases products without intending to keep them. Perhaps the best-known form of this abuse is "wardrobing" or "free renting" – in which the person makes a purchase, use the product(s), and then returns the merchandise.

When the value of stolen property is $950 or less, return fraud will be a misdemeanor, carrying a maximum criminal penalty of 1 year in jail and $1,000 in fines. When the value of stolen property exceeds $950, return fraud will be a felony, carrying a maximum criminal penalty of 3 years in prison and $10,000 in fines.

Can you go to jail for too many returns? This crime can be punishable by jail time, house arrest, probation, and massive fines. Retailers are cracking down on those committing return fraud and are pressing charges to those they catch more often.

Stores will often ask you to show your driver's license (or other government-issued ID) when you return a purchase and then record your information along with information about the returned items to help identify patterns of return fraud or abuse.

Can you return clothes if you change your mind? ›

You do not have an automatic right to a refund when returning something you bought in a shop because you have changed your mind. If there is nothing wrong with the item (for example, there is no fault) you have no legal right to return the goods.

Set an expiration date for the items in your closet. If you live in a four-season climate and you haven't worn a piece of clothing in a year, it's probably time to donate it. And if you live in a one- or two-season climate, then you likely should let go of something you haven't worn in the past six months.

For example, a customer may buy an outfit for a special event, wear it with the tags hidden, then return it the next day and get their money back. While wardrobing might seem like an innocent thing to do, it's considered return fraud and is illegal.

Amazon keeps track of how many items you return and for what reasons. If you return 5-10 items per month or more than 10% of what you order for no reason other than that you changed your mind, you may receive a warning.

You can stay on top of your returns by tracking them in Your Orders. Only returns with a prepaid label from Your Orders are trackable. To track your return: Go to Your Orders.

The reason is simple, there's the chance of injury to the employee, the thief, and other shoppers. That can also lead to lawsuits. Stores have invested in better cameras, anti-theft devices, and sometimes private security. But there is concern that the hands-off approach is leading to an increase in crime.

Best bet is to plead Guilty and show genuine remorse. Offer to pay restitution, tell the judge how ashamed of yourself you are and ask him/her for any extenuating circ*mstances that may have led you to steal on this occasion to be taken into account.

Yes, you can get caught for something you shoplifted 3 weeks ago. Depending on the store's security measures and surveillance systems, it is possible that they have footage of your crime or other evidence that could lead to your identification.

Occupational fraud, as stated, can be put into three categories: asset misappropriation, corruption, and financial statement fraud.

What are the three 3 categories of fraud explain? ›

There are three basic types of fraud: asset misappropriation, bribery and corruption, and financial statement fraud. In many fraud schemes perpetrated by employees, more than one type of fraud is present.

noun. 1. : an incorrect report. false returns on an income-tax blank. : an untrue return made to a legal process by the officer to whom it was delivered for execution.

Repeat returns can result in fees

But if you get into the habit of returning purchases too frequently, Amazon might start to penalize you. Such was the case recently for a customer who was charged a 50% restocking fee to return an item that wasn't of good use to her.

Walmart is a large company, and they have the resources to track your returns. If they suspect you of abusing their return policy, you could be banned from returning items in the future. Walmart says that customers who receive Walmart return warnings will be “monitored closely” in the future.

Many retailers are tracking you, too — or at least your merchandise returns. The companies say it's all in the name of security and fighting fraud. They want to be able to identify chronic returners or gangs of thieves trying to make off with high-end products that are returned later for store credit.

Here's What You Do:

Finally, package your item (ideally in its original box), put the label on and mail it back. Within five days of receiving your return, we'll inspect the shipment and apply a credit to the original payment method, or send a replacement (shipping is free).

Retailers take back merchandise from the customer, evaluate it, and if it's in good condition put it back on the shelf at the same or lesser price. They can refurbish damaged returns and sell them for less or offload them to liquidators to resell.

What is a common reason to return clothes? ›

The most common causes of purchase returns are unmet expectations, damaged or defective products, and incorrect fit. Any of these issues can be caused by failures on the merchant's part or by events the merchant had no control over.

Experts estimate that retailers throw away about a quarter of their returns. Returns and resale company Optoro estimates that every year, U.S. returns create almost 6 billion pounds of landfill waste.

But habitual returners engage in the behavior most often because of the physiological response that happens when they get their packages. They get a rush of dopamine when something is delivered and, subsequently, they feel happy. This is similar to traditional shopping addiction.

The idea is that when you are deciding on items to keep, if you hesitate on something for 3 seconds it's an automatic keep.

According to the International Fair Claims Guide for Consumers Textiles Products, assuming normal wear, you can expect most of your clothes to last somewhere between two and three years. Here is a list of garments and their life expectancy (in Years).

Caption Options. The researchers found that a “sufficient” wardrobe consists of 74 garments and 20 outfits in total. As an example, they've suggested six outfits for work, three outfits for home wear, three outfits for sports, two outfits for festive occasions, plus four outdoor jackets and trousers or skirts.

So does returning items directly affect your credit? The only way is if you used a credit card to make the purchase, and returning it will drastically affect your credit utilization ratio.

Wardrobing, or wear and return fraud, is the most recognized type of receipted return policy abuse. In this scenario, a consumer buys merchandise with the intent of using it for a short period of time and then returns the item for a full refund by misrepresenting the reason for the return.

Stores will often ask you to show your driver's license (or other government-issued ID) when you return a purchase and then record your information along with information about the returned items to help identify patterns of return fraud or abuse.

Keep in mind, gift cards, face masks, and gear from our We Made Too Much section are final sale and cannot be returned or exchanged.

Do you need the card you paid with to return something? ›

You will need the receipt and the credit card used to make the original purchase. If you do not have this credit card available, some merchants may be able to obtain the details from the receipt.

A return policy is a document that outlines the rules for returning purchased goods or services. These policies often include refund information, returns requirements, timeframes, and customer support contact information.

It's important to let your customers know how long they have to return a product. Generally speaking, 15-30 days is standard, although some businesses opt for 90 days. Either way, you won't be doing yourself any favors by accepting returns beyond that time.