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Question

A retailer offers a one time discount to new customers. The T&C clearly state that the discount is limited to one time per household.

However, Bob discovers that in practice he can just create new accounts on the retailer's website, and claim the discount for each new account he creates. He goes on to repeat that operation multiple times and claim thousands of dollars in repeated discounts before the retailer catches him.

I recognize that this could be considered fraud in a colloquial sense, or perhaps even a tortious non-criminal wrong.

But has any crime been committed? Are the elements of criminal fraud made out?

Interested in answers in the US. If state is important, let's say CA or WA.

Answer 1

In england-and-wales and northern-ireland, this would be fraud by misrepresentation under Section 2 of the Fraud Act 2006:

(1) A person is in breach of this section if he — (a) dishonestly makes a false representation, and (b) intends, by making the representation — (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if — (a) it is untrue or misleading, and (b) the person making it knows that it is, or might be, untrue or misleading.

[...]

(4) A representation may be express or implied.

In your scenario, you make an implied representation that you are claiming the discount as a new customer. You do so dishonestly and the representation is false because you know it is untrue. Your intention in making it is to make a gain for yourself.

Answer 2

There was a similar case in the US. Long time ago when you linked a new account for inter-bank ACH transfers, banks would use tiny deposits (total less than a dollar) for you to confirm access to that account. They would transfer these deposits and leave them there. One young gentlemen from California opened tens of thousands of accounts and linked them to pocket thousands of dollars worth of such deposits. Another report (on indictment) here.

The young gentlemen was sentenced to 15 months in prison in a criminal case brought by the US attorney for computer fraud, which is the Federal statute violated here. There was also restitution to the banks involved. I don't know if there was a civil action on top of that.

The banks now don't let customers keep the tiny deposits, they withdraw them back from the linked accounts immediately.