this post was submitted on 22 Jul 2023
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A Boring Dystopia
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Fraud is definitely a crime - and it is undeniably a form of fraud. No doubt you would have a hard time getting a DA to charge someone for it, but they theoretically could.
No it isn't. Fraud requires loss caused by deception. Nobody's losing anything here. It's a terms of service violation. If we're getting technical, there are actually more requirements of the label "fraud" that are also not being met here.
Yes, this would cause loss(taking product) through deception (redeeming points you didn't earn).
No. Jesus. It doesn't cause conequent and proximate injury. The rewards are not redeemed when the card is swiped, so it doesn't meet the criterion of "proximate" because McDonalds still has many opportunities to void those points before they are used. Swiping a card is not injury. It also isn't injury because someone would have received the benefit of those points either way, so no actual loss accrues to McDonalds.
Last but not least, their ToS stipulate a requirement that in any legal dispute the parties must participate in arbitration. You know what type of law arbitrators do not handle? Criminal law. Not a crime, even according to McDonalds. Not fraud.
Fuck's sake, McDonald's has an army of actual lawyers letting them think they can get away with putting up this fucked-up sign, they don't need you jumping on the back to help convince everyone to just bend over and take it.
Couldn't have said it better myself. Does Ronald pay this guys rent or something?
Are the customers not losing their loyalty points which can in turn be used for rewards with a monetary value?
Not if they don't have a loyalty account. I actively want employees to take the otherwise lost benefit when they can
If you’re giving out discounts using someone else’s loyalty account it is still considered a loss.