Look it up? Sure...
http://legal-dictionary.thefreedictionary.com/fraud
Quote:First, not all false statements are fraudulent. To be fraudulent, a false statement must relate to a material fact. It should also substantially affect a person's decision to enter into a contract or pursue a certain course of action. A false statement of fact that does not bear on the disputed transaction will not be considered fraudulent.
So, here, you're "returning" an item to a store that was NEVER purchased from that store. Therefore, you can't
RETURN an item that never belonged to them. Since the retailer is taking your claim at face value and the agreement to give you money in exchange for the product is contingent on your claim (spoken or implied) that the merchandise was purchased there originally, then you clearly hit upon point #1.
Quote:Second, the defendant must know that the statement is untrue. A statement of fact that is simply mistaken is not fraudulent. To be fraudulent, a false statement must be made with intent to deceive the victim. This is perhaps the easiest element to prove, once falsity and materiality are proved, because most material false statements are designed to mislead.
If you just bought the stuff at GameStop, then you know you're lying.
Quote:Third, the false statement must be made with the intent to deprive the victim of some legal right.
Stores have to abide by their return policies as posted. By lying about how the merchandise was acquired, you are depriving the store of their right to deny to enter a transaction with you.
Quote:Fourth, the victim's reliance on the false statement must be reasonable. Reliance on a patently absurd false statement generally will not give rise to fraud; however, people who are especially gullible, superstitious, or ignorant or who are illiterate may recover damages for fraud if the defendant knew and took advantage of their condition.
Your claim that the merchandise was purchased at said location is reasonable (as they sell the same merchandise).
Quote:Finally, the false statement must cause the victim some injury that leaves her or him in a worse position than she or he was in before the fraud.
And we've gone into detail on this before, but, to summarize, it puts the second business at a disadvantage because they're essentially "buying" the product from you at full retail, they have to pay employees to process the return, restock the merchandise to the shelf, etc. and, hopefully, they'll resell the merchandise, but they're sell it for the exact same price they "bought" the item for, making no profit from the merchandise that they had to spend extra payroll dealing with. In addition, it screws up their ordering for the merchandise (If I already have a full shelf or the product on order, then you come in and return more of the product, then I have to deal with the excess overstock).
Now, in the vast, vast majority of cases, you can do cross-merchant returns and you'll never get caught. Just like the vast majority of people who, say, return iPad boxes with trash inside never get caught. That doesn't mean it's not illegal and doesn't mean you'll NEVER get caught.