Quote:
Originally Posted by Scrapper6
Isn't it still fraud though to charge a person's credit card with no intention of providing goods or services??? Or am I completely off on the Fraud understanding?
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there are several types of fraud in law. nobody should be charged for something that wasn't shipped but once a refund is given then there are no damages in law. Without a provable loss in place then there is no case which is why punitive damages would be the only viable course.
Punitive damages is basically a slap on the wrist and making an example in law against that retailer but it's very rare for this to happen. On top of this is if a refund is issued then no punitive damages will be recognized since the plaintiff will have been put back in the same position prior to being charged.
Again, if all money is returned but no toy was shipped then there are no provable damages. Not getting a toy doesn't constitute damages as you are no worse off than before.