Some stores assist customers in choosing the product that is best for them. For example, clothing stores often have a salesperson who helps customers choose a size and style according to their form and taste. Sometimes customers spend time with the salesperson discussing a product they have no intention to purchase; they intend to purchase the product elsewhere where the prices are cheaper and are taking advantage of the customer service the store provides.

Q: Although it is self-understood that it is improper to use a store’s customer service without intent to purchase from them, does this practice violate any prohibition?

A: There are numerous prohibitions that may be violated.

1. Onaas devarim – Verbal exploitation. The Torah prohibits verbally exploiting another Jew by saying something that will anger, embarrass or cause him distress. One example given by Chazal (B.M. 58b) is to ask someone how much an item costs when he has no intention of purchasing it (C.M. 228:4). The simple explanation of the prohibition is that the merchant thought he was going to make a sale and when the sale does not occur, he is disappointed. Nowadays, merchants know that people visit many stores before making their purchase and are not distressed when a potential customer leaves without making a purchase, since the customer may yet return. Accordingly, it would seem that in such circumstances the prohibition would not be violated. This perspective is strengthened when it is employees who attend to the customers rather than the merchant.

However, there are authorities who maintain that taking a merchant’s [or his employee’s] time without the intent to purchase anything is included in the prohibition of onaah (Meiri, Chofetz Chaim in Chovas Hashemirah ch. 14). Obviously, when a potential customer enters a store and subsequently decides not to purchase anything, he does not violate a prohibition. Merchants know that customers may decide not to purchase anything but nevertheless provide customer service with the hope that it will persuade the customer to make a purchase (Pischei Choshen, Onaah 15:[15]). On the other hand, a customer who takes the merchant’s time with no intention to purchase anything violates this prohibition.

It must be emphasized that the prohibition of onaas devarim is very severe. Chazal (B.M. 58b) explain that people are generally more sensitive to insults than they are to a loss of money. Furthermore, one could rectify a transgression of monetary onaah by returning the extra money [or paying the money that is owed], whereas verbal exploitation cannot be reversed.

2. Geneivas daas – Deception. It is prohibited to deceive someone by giving him the impression that you intend to do him a favor when you have no intention of following up on it; for example, pressing a potential guest to accept an invitation when one knows that he cannot accept (C.M. 228:6). The reason is that the “guest” will feel a sense of appreciation for the offer when, in fact, the host had no intention of actually hosting the guest. Falsely presenting oneself as a customer in order to receive customer service is also a form of geneivas daas (Saviv Liyrei’av on Sefer Yere’im 51:2).

Geneivas daas is also a very severe transgression. Rabbeinu Yonah (Shaarei Teshuvah 3:184) teaches that lying affects one’s mindset and will have a detrimental effect on a person’s thinking. Another factor that makes geneivas daas so despicable is that it is directed at the person rather than his money (Menoras Hama’or 1:46).

Next week, iy”H, we will point to other prohibitions associated with this behavior to read click here.