I tried to educate myself a bit to understand you. I've read: http://www.logicallyfallacious.com/index.php/logical-fallaci... and failed.
First example claims that "(p => q, p) so q" is a fallacy by closely squinting at word "must". Second example claims that p => q where ~q => ~p is assumed is also a fallacy because they claim that one word that q consists of spills out and covers whole statement.
From this brief brush I'd say "modal scope fallacy" is just about some fuzzily defined semantic nuance of English language. So, no, I'd say you can't refute anything except bad grammar with this.
If you can write it down and the thing you want to refute, with symbols and prove their conjunction to be tautologically false with formal logic then I'd say you've refuted the claim. But as I said that's math not philosophy.
> What data do you have to refute the statement: "A statement can be refuted without data"?
Are you asking because you think I claimed to have refuted or wanted to refute that statement?
What refutation can you offer of the statement that data is needed to refute the statement: "A statement can be refuted without data"?
That's exactly the chain of pointless self, and cross referential statements that arise when you are trying to refute something without data and/or precise definition (which would make it math).