I'm not trying to be facetious towards you, and honestly I don't own any kegs, so it's not even personal for me, the only reason this is interesting to me is because I work in law enforcement, specifically I deal with the proper filing and classification of all criminal reports in my command.
Last time this came up, someone specifically mentioned NY, and I got involved by saying that there was no way this was criminal and a report would never be taken (off the top of my head, I was home). The argument continued and when I went to work on Sunday night, I researched everything and bounced the ideas off my partner and boss. We came to the 100% definitive conclusion, that in NY state, the only way this type of transaction could result in an actual legal theft was if you signed something that said you had to return the keg,
specifically. What that means is, the wording would have to say that regardless of deposit, the keg is expected to be returned, so basically, the deposit wouldn't even be required.
The reason there is a deposit at all is because they are effectively selling you the keg the way this transaction legally works, so the interested parties hope that a deposit will encourage you to return it anyway.
A few people made the comparison to bottles and cans, and honestly, that is a DEAD ON comparison. The deposit in that case is for a different reason - recycling - but the concept is exactly the same: In NY state, when you purchase something that requires a container, unless there is a contract that states otherwise, you are legally taking control of the container also.
It is in the
breweries' best interests to not sell the keg for the full-price of the beer
and the keg, because it would be too expensive and no one would buy them! So this is how they make it work for
them.
And based on the email conversation you just posted, TN might have a similar legal situation.