Advocacy Team?????

Sorry, I got caught up in the semantics of the term "Fraud". And well it is true that fraud is not a correct term for what I initially purposed, what I suggested is dishonest. On reflection, even though the act would result in no injury or loss to any party,
dishonest acts are not something a person should suggest others partake in. So OP, I'm afraid your options are limited. 1) Keep trying to convince MS to give you back your kinect. 2) Sue them in small claims court. 3) Eat the loss of the kinect. Unfortunately,
either of the fist two options will most likely result in the third option in the end... and option two could actually end up costing you far more.

 

www.google.com/search

It's fraud. It doesn't have to be strictly financial gain to be considered fraud. You're attempting to deceive the store and personally gaining a brand new system at the expense of the store's time and aggravation, at the very least.

 

Forgot to add: You would also be trading in a used system for a brand new one. I'm not in any way saying that MS *** someone over is right, but committing fraud isn't the way to resolve the issue. There's companies like the BBB out there for this type of
thing.

 

You're beating a dead horse, let it go already. Where there is no gain and no loss there is no fraud period. And the Better Business Bureau is a complete joke that amounts to nothing more than a public place to complain. It's no better than a bboard where
people post comments about companies. The BBB resolves nothing. I already laid out the OP's three options, complaining to the BBB or posting on Rip-Off Report might make a person feel a little better, but it won't solve the problem.

 

LOL! There is gain and there is loss. It's fraud, no matter how you try to justify it. Sorry if you can't admit that you were wrong, but I guess I wouldn't expect that from someone who was suggesting such a thing to begin with.

A complaint with the BBB might not matter with some companies, but it does with MS. I've only filed a complaint with the BBB twice, but both times the company responded and resolved the issue afterward.

 

Oh, look... They even have a name for it.

en.wikipedia.org/.../Return_fraud

"Switch fraud: Purchasing a working item, and returning a damaged or defective identical item that was already owned."