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I feel compelled to speak about a "Kol Koreh" signed by a number of Rabbis making the rounds and being published together with an alleged "translation" or "explanation" of the hebrew side.
On the Hebrew side it speaks out against the credit card application farms and their methods as I wrote in point 2 here: http://www.dansdeals.com/archives/46584

However on the English side the author writes out against buying gift cards and every other method of manufactured spend to earn miles.

I figured it was worth investigating what exactly the Rabbis signed off on.  I called and asked Rav Shmuel Kamenetsky, the Rosh Yeshiva in Philadelphia, whether he agreed with the English side.  He said he never saw an English side and that it was terrible that it would imply that he was agreeing with anything that wasn't explicitly written on the Hebrew side.  And he said that it has to be corrected so that people don't get that impression.

He does not feel that "all methods of manufacturing spend for miles are abusive," and indeed if there are legal ways to do it, then people should go right ahead and earn the miles.

I also called Rav Dov Kahan, founder of Bais Din Maysharim in Lakewood.  He also did not agree that "all methods of manufactured spend are abusive" but felt that methods in which each party (the store and the credit card in the case of a gift card purchase) say that you can do so and it's not against any of their terms, would be permissible and that isn't what the Kol Koreh was targeting.

-Dan




Reply #194
Rav Kamenetsky just called me back.

He says aderaba, if people can find a way to purchase miles via stores who charge for gift cards and and they can get miles then good for them.  Nothing wrong with that kind of MS at all and he had no idea why the author would deceive him like that.

The problem he signed against was the companies opening cards for people and their methods, nothing else.


Reply #280
The only kind of MS that R' Kaminetzky said isn't "yashur" and that he was signing onto was for refundable items.

He wasn't told anything about any other kind of MS.





« Last edited by Dan on July 10, 2014, 09:49:35 PM »

Author Topic: Kol Koreh against MS  (Read 96133 times)

Offline Toasted

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Re: Kol Koreh against MS
« Reply #340 on: July 09, 2014, 03:57:22 PM »
Except that you've paid $450 in this case.
Feel free to ask your posek, but don't say that there is no posek in the world that wouldn't be matir because that's false.

Hate to disagree with you as I owe you boundless hakaras hatoiv.

You paid the AF for the card and are free to enjoy any of its clearly described benefits. Like paying $75 for the steak and stealing fries because he's making profit on you anyways.

This is far beyond a price mistake. It's deliberately climbing into a loophole to benefit against Amex's wishes. More like hacking.

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Re: Kol Koreh against MS
« Reply #341 on: July 09, 2014, 04:00:32 PM »
How does one define a "Kol Koreh?"

Do the authors/organizers of the Kol Koreh usually mask themselves?
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Re: Kol Koreh against MS
« Reply #342 on: July 09, 2014, 04:02:40 PM »
BTW even if you say its muttar in regards to Amex, there is still the issue in regards to Delta.
For the 20 seconds that you hold it? 
Is it comparable to a refundable ticket you're holding onto for a month?
I'm just posing questions here.  I'm not saying whether anything is right or wrong, only that people shouldn't pretend something is so clear cut when it's not.

It's deliberately climbing into a loophole to benefit against Amex's wishes. More like hacking.
AMEX claws back offers returns.
They are fully capable of clawing back PGGM, their system is already built to handle clawbacks.  As to why they don't is an open question but clearly they offer the $200 as a rebate of the steep annual fee on a card that no longer offers what it used to in years past.  And they want people to keep paying that $450.
Save your time, I don't answer PM. Post it in the forum and a dedicated DDF'er will get back to you as soon as possible.

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Re: Kol Koreh against MS
« Reply #343 on: July 09, 2014, 04:04:49 PM »
It still doesnt answer the questions as to whether its geneivas daas to buy something with the intention of returning it.  I would say most if not all poskim would say its geneivas daas.  Geneivas daas is not an issue of yashrus.  its assur.  Regardless of whether there is a loss to the person or not.

Please see this link in regards to the issue of geneivas daas

BTW even if you say its muttar in regards to Amex, there is still the issue in regards to Delta.

http://www.aishdas.org/avodah/vol16/v16n089.shtml
So now you're arguing with R' Shmuel??? He didn't say its assur he said its not Yashrus.


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Re: Kol Koreh against MS
« Reply #344 on: July 09, 2014, 04:10:55 PM »
AMEX claws back offers returns.
They are fully capable of clawing back PGGM, their system is already built to handle clawbacks.  As to why they don't is an open question

Just because Chef Mike doesn't call the cops doesn't mean I can steal the fries.

Quote
but clearly they offer the $200 as a rebate of the steep annual fee on a card that no longer offers what it used to in years past.

Grievances aside, the $200 is clearly a benefit with very defined eligibility, not a rebate. They can do a $200 credit like Citi Exec if they wished.


Dos iz nit kein Mehalech. Dos is a Gimmick. PGGG!

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Re: Kol Koreh against MS
« Reply #345 on: July 09, 2014, 04:11:32 PM »
I would not deign to say that I can argue with Rav Shmuel, but since I was not there when the question was asked I cant say for sure that the exact same question was asked.

With geneivas daas its irelevant whether you hold for 20 seconds or 20 hours.  Its a concept of misleading.  It all depends on what is going on in your mind when you do something.  if you buy something and your not sure or you think you are going to keep it and then you change your mind that is not geneivas daas.  but if you buy something with the intention to return it that can be construed as geneivas daas.

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Re: Kol Koreh against MS
« Reply #346 on: July 09, 2014, 04:14:40 PM »
I would not deign to say that I can argue with Rav Shmuel, but since I was not there when the question was asked I cant say for sure that the exact same question was asked.

With geneivas daas its irelevant whether you hold for 20 seconds or 20 hours.  Its a concept of misleading.  It all depends on what is going on in your mind when you do something.  if you buy something and your not sure or you think you are going to keep it and then you change your mind that is not geneivas daas.  but if you buy something with the intention to return it that can be construed as geneivas daas.
Feel free to call him. But your language of "most if not all poskim" is as disparaging to him as this KK was IMHO.
Save your time, I don't answer PM. Post it in the forum and a dedicated DDF'er will get back to you as soon as possible.

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Re: Kol Koreh against MS
« Reply #347 on: July 09, 2014, 04:22:42 PM »
For the 20 seconds that you hold it? 
Is it comparable to a refundable ticket you're holding onto for a month?
I'm just posing questions here.  I'm not saying whether anything is right or wrong, only that people shouldn't pretend something is so clear cut when it's not.
AMEX claws back offers returns.
They are fully capable of clawing back PGGM, their system is already built to handle clawbacks.  As to why they don't is an open question but clearly they offer the $200 as a rebate of the steep annual fee on a card that no longer offers what it used to in years past.  And they want people to keep paying that $450.
Obviously, this logic does not apply to those who cancel before the af is due...

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Re: Kol Koreh against MS
« Reply #348 on: July 09, 2014, 04:33:14 PM »
Obviously, this logic does not apply to those who cancel before the af is due...
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Re: Kol Koreh against MS
« Reply #349 on: July 09, 2014, 04:35:36 PM »
I would not deign to say that I can argue with Rav Shmuel, but since I was not there when the question was asked I cant say for sure that the exact same question was asked.

With geneivas daas its irelevant whether you hold for 20 seconds or 20 hours.  Its a concept of misleading.  It all depends on what is going on in your mind when you do something.  if you buy something and your not sure or you think you are going to keep it and then you change your mind that is not geneivas daas.  but if you buy something with the intention to return it that can be construed as geneivas daas.
Does geneivas das apply to a computer?
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Re: Kol Koreh against MS
« Reply #350 on: July 09, 2014, 04:44:24 PM »
Obviously one can argue that GC is more legit, and evidently R Kaminetzky agrees. I'm not so sure that all the signatories would automatically agree to this. I would not be surprised at all if the english page was indeed reviewed by at least one of the signatories. 

So lets not try to delegitimize the entire KK as irrelevant.

/todays analysis.   8)

Some of R' Shmuel's words transcripted,

Do you have a few minutes to discuss the Kol Koreh from the Lakewood Shopped, "Not too many"

Did you sign the English side as well "I never saw an English side, what does it say? I would like to see it"

It implies things the hebrew side doesn't say, "That's terrible, mamash terrible, please send it over"

Regarding manufacturing spend via gift cards , "In the right way there's nothing wrong, there's no problem at all, people can do a lot of good and get a lot of mileage"

Regarding whether all methods of manufacturing spend to get miles is wrong as the English side says it is "That's not true"

Regarding people's confusion with the English "That has to be corrected, it's false to give such an impression."
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Re: Kol Koreh against MS
« Reply #351 on: July 09, 2014, 04:47:44 PM »
Does geneivas das apply to a computer?

That would be the only tzad to say its not geneivas daas that I can think of.

Its a very good question.

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Re: Kol Koreh against MS
« Reply #352 on: July 09, 2014, 04:48:05 PM »
Some of R' Shmuel's words transcripted,

Do you have a few minutes to discuss the Kol Koreh from the Lakewood Shopped, "Not too many"

Did you sign the English side as well "I never saw an English side, what does it say? I would like to see it"

It implies things the hebrew side doesn't say, "That's terrible, mamash terrible, please send it over"

Regarding manufacturing spend via gift cards , "In the right way there's nothing wrong, there's no problem at all, people can do a lot of good and get a lot of mileage"

Regarding whether all methods of manufacturing spend to get miles is wrong as the English side says it is "That's not true"

Regarding people's confusion with the English "That has to be corrected, it's false to give such an impression."

What were his words on refundable spend.

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Re: Kol Koreh against MS
« Reply #353 on: July 09, 2014, 04:51:35 PM »
What were his words on refundable spend.
He didn't think it was right nor did he think the businesses opening up cards are right either.
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Re: Kol Koreh against MS
« Reply #354 on: July 09, 2014, 04:54:21 PM »
But did you actually ask him if refundable spend is geneivas daas?  Because if you didnt then you cant say I am arguing with him.

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Re: Kol Koreh against MS
« Reply #355 on: July 09, 2014, 04:58:15 PM »
But did you actually ask him if refundable spend is geneivas daas?  Because if you didnt then you cant say I am arguing with him.
Refundables was not the focus of my conversation, he said it's not right and the companies opening cards for people without the people ever touching the cards also isn't proper and we left it at that. He didn't say it was ossur.  I'm sure we can talk for a while about whether it's the same as buying a dress and returning it after it's worn and whether you hold onto it for 30 seconds versus 30 days, etc, etc, but I called to learn whether he felt all MS was wrong and he clearly said it was not.

If you want to call and discuss the nuances of refundables feel free.
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Re: Kol Koreh against MS
« Reply #356 on: July 09, 2014, 05:00:52 PM »
I am very tempted.  Is he easy to reach?  Is his phone number listed?

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Re: Kol Koreh against MS
« Reply #357 on: July 09, 2014, 05:05:41 PM »
I am very tempted.  Is he easy to reach?  Is his phone number listed?
I called the yeshiva. At first he didn't seem interested in talking but after hearing about the english side I sent it to him and he called me back.
Just be sure you know the issues and nuances that you want to bring up going into it.
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Re: Kol Koreh against MS
« Reply #358 on: July 09, 2014, 05:42:13 PM »
what is wrong with buying gift cards?? they sell them in the store you buy them end of story its like buying milk and by the way you get points
Your missing the point. The potential problem that some people see here is doing it with chase.
Chase is OBVIOUSLY offering the 5% as a way to get you to have the card in your wallet. Think lounge access etc. Once it's in your wallet, they want a REAL business to do actually spending, and the occasional phone bill or staples visit will give them 5x.

I don't think anyone will argue with that. They cannot sustain 100% spending at office stores obviously.

Now, when you go out of your way to buy gc which you have 100% no need for you are perhaps exploiting them.

Some will say ossur. Some will say it's mutor as long as your following the T&C.

So I'm not sure what's radical about some saying its not ossur but your abusing chase. I don't necessarily agree, but I think it's definitely a legitimate view point.

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Re: Kol Koreh against MS
« Reply #359 on: July 09, 2014, 05:45:20 PM »
Except that you've paid $450 in this case.
Feel free to ask your posek, but don't say that there is no posek in the world that wouldn't be matir because that's false.

Even more than that, here Amex is giving you the money. In the french fry analogy, you are taking it.
I remember when a coke was a nickel, and you could buy VRs in OD.