[FL] [FL] Can I return an item but keep the free gift?

Lexi, Chatbot

I understand your concern. Have you already purchased tools from Lowe’s and received free items without being asked for them?

Lexi, Chatbot

Are you looking for information on the legality of keeping free items that were not requested during a purchase?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your situation.

Blake

Hello, my name is Blake and I am a licensed attorney — I will be happy to help you today!

All I ask is that you 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. Feel free to reach out with any additional concerns or questions. Your satisfaction is my priority, and I'll make sure to communicate effectively and use a tone that you can understand. Together, we'll find the best solutions for your needs.

Let’s get started! First of all, how long ago did this happen, and where was it located?

Blake

Thank you for being candid, and I completely understand why you’re asking this question — there are many promotions that seem like gray areas, and it’s smart to understand the legal boundaries before moving forward.

Under Florida law and general principles of consumer protection and contract law, 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.

Here’s how the issue generally breaks down:

• Promotional Terms Matter: Most “Buy One, Get One” or “Free Gift with Purchase” deals are contingent upon the original sale being completed and not returned. If the paid item is returned, the free gift is usually expected to be returned as well. Many stores (including the one you mention) state this in their promotional fine print — even if the cashier doesn’t ask for it back.

• Intentional Exploitation: If you knowingly and repeatedly exploit a loophole in this way, especially on a large scale, you risk triggering a fraud investigation from the retailer. This is particularly true if it appears to be a pattern of conduct designed to deprive the seller of property under false pretenses.

• Civil and Potential Criminal Liability: If this store (or any retailer) believes your actions are deceptive or fraudulent, they may:

  • Seek to ban you from making future purchases;
  • Pursue civil action for the value of the items retained;
  • In some cases, refer the matter to law enforcement for review, especially if the value of goods exceeds certain thresholds (e.g., $300, which could rise to a felony level in Florida).

I truly empathize with your curiosity — retail promotions can be confusing, and sometimes people unintentionally cross lines they didn’t realize were there. However, I would strongly advise against continuing this practice. What may seem like a harmless trick can quickly turn into a legal and financial problem if it’s flagged by a loss prevention department or corporate legal team.

It would be wise to speak to a local attorney if you’re concerned about potential liability or if you’ve already received any communication from the store. You can find one in your area by visiting www.avvo.com and searching by zip code and legal issue.

Blake

Does this answer your question and do you understand the answer completely? Please let me know if you have any follow-up questions or if anything in this answer was unclear, and I will be happy to help.