Once again AZDude shows off his
finely attuned ability to identify fraud based on a short textual description of fraud.
For those interested in the technical details, the exact rules vary by jurisdiction, but in California in the context of establishing civil liability, the definition of "deceit" is explicitly stated to include "[t]he suppression of a fact, by one who ... gives information of other facts which are likely to mislead for want of communication of that fact". Cal Civ Code § 1710(3). In any case, presenting an item to be "returned" while being reckless as to whether it was purchased from that store is arguably an affirmative misrepresentation, without having to get into the technical details of whether nondisclosure is actionable in these circumstances. See
Jimenez v. 24 Hour Fitness USA, No C071959, slip op at 25 (Ca Ct App June 9, 2015) ("[This] argument implies that non-verbal communications cannot be misrepresentative or induce reasonable reliance. We reject this argument.").
...Store buys the iPod for $20 wholesale, because they're buying 1000 of them. They sell them at $50 to cover their costs and to make a profit. You're selling them an iPod for $50, which they'll sell for $50, meaning they get no money. In a sense, you're stealing $30 from the store....
Although the OP's scheme is most likely fraudulent and should not be countenanced, I am unclear as to how his fraudulent scheme is actually costing Walmart anything, assuming that the product is truly in new, pristine condition. Let's suppose I buy Product Q from Walmart and my friend buys the exact Product Q from Target. I then trade my copy of Product Q with that of my friend's and then I travel to Walmart to fraudulently "return" the item that I did not purchase at Walmart. How does Walmart lose any money from this fraud? As far as I can tell, they don't.
Note: Even though Walmart might not lose any money from this fraud, I am definitely not suggesting that it is okay to do it.