Legal Question in Criminal Law in California

Re: If a company makes a mistake and allows you to re-use used gift certificates

This is a tricky question. I think the answer depends on the particular facts of the "allowing customers to re-use" language. I can imagine situations where it might perfectly legal, and I can imagine just the opposite. Rather than just imagining, analysis based on additional facts is what you need here. Don't hesitate to call me for a free consultation on this matter: 310 393 0639. If you aren't in Los Angeles, consult with a criminal lawyer in your area. Most criminal lawyers give free consultations.

Re: If a company makes a mistake and allows you to re-use used gift certificates

There is insufficient information to reply.

I would need to see a copy of the gift certificate.

There are two levels of proof at trial. What may satisfy a civil case on the same set of facts may not be enough to satisfy a criminal trial burden of proof, An example is the O. J. Simpson case.

It would be important to find out if the practice of the company was to take back the gift certificates after they were used to redeem them for a gift.

Assuming that there is nothing on the gift certificate to warn you that it was to be used once or an individual could only redeem one gift, and the company giving the gift certificates was not in the practice of picking up the certificates when they were redeemed. It is doubtful that it meets the level of a criminal act.

One the other hand if the certificates do set forth all or some of these conditions, and the party tendering the certificates uses some trick or devise to hold on to the certificate, when it is supposed to be surrendered. Then it may rise to the level of a criminal act.

Probably the actual facts are somewhere in between these two extremes. The vaue of the item and the intention of the party giving out the gift certificates would also be factors. Are they valuable or are they of little value and being used for a marketing promotion.

Good luck.