An article by Business Insider (“This guy figured out a way to get free Starbucks every day — and it’s driving his barista crazy”) has quickly made the rounds on the Internet which takes from “Stories of Horrible Restaurant Customers, Part 1” on Kitchenette about a man who has, according to Starbuck’s employee Brad Halsey, found a (not so) clever way to get a daily Starbucks drink (or food item really) for $1, as that is the minimum load price to purchase a new Starbucks gift card for each day of the year.
Confused yet? The very annoyed Starbuck’s barista puts it this way:
There is a man who comes to my Starbucks every single day and orders the most horrible drink in an infuriating way. He purchased 365 Starbucks cards and registered every one of them online with a different birthday so that he gets a “free birthday drink” EVERY DAY OF THE YEAR. Even though I know exactly how he “beat the system” there, he pretends that his app is just malfunctioning and it magically gives him the same free birthday drink every day. If he was a nice guy, I might not be so irritated. But he’s not a nice guy. …
Clearly there are several many ways to get free drinks and food at Starbucks. In fact, being a fan of ‘Buckies myself, I have complied My ULTIMATE Starbucks Tips List! 18+ Tips To Enjoy Starbucks And Save Money.
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However, in this guy’s case, has “Mr. X” learned how to “beat the system” as the article describes? Is this an ethical hack? Or is this over the line as an unethical hack or even worse a crime such as theft, fraud, or even burglary?
“Wait a minute,” you may say. “Burglary!? … How’s that?”
In general, an intentional or “planned” theft can meet the definition of a burglary, which typically carries a more serious punishment. Take Illinois as an example. Burglary and theft are defined as:
A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft. 720 ILCS 5/19-1(a).
A person commits theft when he or she knowingly: (1) Obtains or exerts unauthorized control over property of the owner; or (2) Obtains by deception control over property of the owner; … 720 ILCS 5/16-1(a).
So, did Mr. X hack Starbucks?
Or did he commit theft, fraud, or burglary? (Did he knowing enter the business with the intent to commit a theft?)
Or should Starbucks ban him from that store (and other local stores near him)?
I’m interested in your thoughts.
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Is a beverage “property”?
Is it deception to tell the barista that it is his birthday every day? Obviously she knows it is not. She goes along with his ploy because she thinks she has to accommodate a customer, but she is not deceived.
So – probably not theft, and therefore probably not burglary.
I think a beverage is [personal] property. A coffee shop customer might be buying a service if one were to go in to pay to watch coffee being made (being silly to prove a point), but walking out with a beverage is purchasing a good (that’s why is most jurisdictions tax is charged on a good, while services commonly do not have tax imposed on them).
You might be onto something as to his potential, “I was just given a free drink every day [out of them feeling sorry for me]. It’s not my fault they are so darn nice!”
It doesn’t work that way. The “without authority” element for burglary means it was an unauthorized entry into the business such as when the business was closed. You wouldn’t charge a shoplifter with burglary.
The best solution for Starbucks to avoid this situation is to ask for identification that shows your date of birth.
Yes to an ID showing DOB. It’s odd that they don’t already require it.
I was just about to write the same thing. Instead I’ll just note that this is correct for everyone jurisdiction I know about.
I see your point, Danny, and I think that is the leading defense or difficult element of the offense to such a charge given similar facts. However, some jurisdictions (including my local State’s Attorney’s Office for the past 20+ years) do escalate a retail theft charge to burglary. Especially when planning/intent PRIOR to entry is a clear factor, e.g. going into the store with metal lined bags to block door sensors on clothing tags. Here is a citation to an interesting read on the topic: People v. Hopkins, 593 N.E.2d 1028, 229 Ill.App.3d 665, 171 Ill.Dec. 208 (Ill. App. 4th… Read more »
Don’t think most people in this “hobby” are ethical if not plain illegal.
I agree that it might just be easier to refuse him service. Seems like a really good way to make your local Starbucks really irritated with you.
While on the subject, this was a pretty cool post I saw on free Starbucks stars: http://www.pointsmd.com/my-starbucks-rewards-perpetual-star-machine/
While it seems obvious to me that he has committed the specified elements of burglary, I suspect that PROVING it would be somewhat difficult (and probably significantly more expensive than a year’s worth of Starswill). More practical to simply refuse him service from stores in the area.