[FL] Can I keep the free items through Lowe's promotion and return the paid items?
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Under Florida law and general consumer protection and contract principles, knowingly taking advantage of a promotion in a way that circumvents its intended terms—such as returning the main item but keeping the free gift—can be considered unjust enrichment, fraudulent conduct, or even theft by deception depending on the circumstances and scale. (OPPAGA Felony Theft Thresholds)
Here’s the breakdown:
- Promotional Terms Matter: Most “Buy One, Get One” or “Free Gift with Purchase” offers are contingent on the original sale being completed. If you return the paid item, the free gift is usually expected back as well. Lowe’s typically states this in promotional fine print—even if the cashier doesn’t ask for it back.
- Intentional Exploitation: Repeatedly exploiting this loophole, especially on a large scale, risks triggering a fraud investigation from the retailer.
- Civil & Potential Criminal Liability: Lowe’s could ban you from purchases, seek civil recovery for the items’ value, or even refer the matter to law enforcement if the value exceeds $300 (which could qualify as felony theft in Florida).
While it might seem like a harmless trick, it can quickly become a legal and financial problem if loss prevention or corporate legal gets involved.
If you’re concerned about liability, I’d strongly advise against continuing this practice and to consult a local attorney if you’ve received any communication from the store. You can find one in your area at www.avvo.com.
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Hi, so I’m on Lowe’s website. Is it illegal for me to buy tools and keep the free items along with them if they don’t ask me for it, and to what scale is this okay?
I understand your concern. Have you already purchased tools from Lowe’s and received free items without being asked for them?
Yes, but I returned the paid items and kept the free ones.
Are you looking for information on the legality of keeping free items that were not requested during a purchase?
Yes.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your situation.
Yes.
Hello, my name is Blake, and I am a licensed attorney. I’ll be happy to help you today! Please keep in mind that this conversation is for informational purposes only and does not establish an attorney-client relationship or constitute legal advice. THIS ENTIRE DISCUSSION SHOULD BE CONSIDERED GENERAL LEGAL INFORMATION ONLY AND MAY NOT BE RELIED UPON AS ADVICE. You must hire an attorney if you need legal advice for your specific situation.
Your question is important, and I’ll provide a helpful response as soon as possible. Let’s get started! First of all, how long ago did this happen, and where was it located?
In Florida. I’m just wondering—Is it illegal if I keep ordering the tools and keeping the free gifts as long as they don’t ask me to bring the free gifts back when returning the paid one? And can I exploit this?
Thank you for being candid. I completely understand why you’re asking—many promotions seem like gray areas, and it’s smart to understand the legal boundaries before moving forward.
Under Florida law and general consumer protection and contract principles, knowingly taking advantage of a promotion in a way that circumvents its intended terms—such as returning the main item but keeping the free gift—can be considered unjust enrichment, fraudulent conduct, or even theft by deception depending on the circumstances and scale. (OPPAGA Felony Theft Thresholds)
Here’s the breakdown:
- Promotional Terms Matter: Most “Buy One, Get One” or “Free Gift with Purchase” offers are contingent on the original sale being completed. If you return the paid item, the free gift is usually expected back as well. Lowe’s typically states this in promotional fine print—even if the cashier doesn’t ask for it back.
- Intentional Exploitation: Repeatedly exploiting this loophole, especially on a large scale, risks triggering a fraud investigation from the retailer.
- Civil & Potential Criminal Liability: Lowe’s could ban you from purchases, seek civil recovery for the items’ value, or even refer the matter to law enforcement if the value exceeds $300 (which could qualify as felony theft in Florida).
While it might seem like a harmless trick, it can quickly become a legal and financial problem if loss prevention or corporate legal gets involved.
If you’re concerned about liability, I’d strongly advise against continuing this practice and to consult a local attorney if you’ve received any communication from the store. You can find one in your area at www.avvo.com.
I hope I was able to answer your question.
