> Fraud - the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right.

You don't 'accidentally' mistake weak XOR obfuscation with AES, so this is fraud. However whether that results in any tangible legal action is debatable. I have strong doubts given the corporatocratic nature of the corporate judicial outcomes in USA.

Are these sold online? Wire fraud is a common enhancement to a lot of criminal charges involving fraud taking place online or over phone.