Scalpers are also competing with other scalpers, so when a "hot" item is released it's a rush to scoop up as much inventory as possible.
If a item doesn't sell just return it for a refund, no risk.
If a no refund policy or restocking fees applied from beginning, scalpers will be more hesitant to scalp day one.
Rtx 4090s are still in high demand so bots will still scoop up drops for foreseeable future.
When the 7900XTX is released, hopefully there is a no refund policy in place (doubtful), which should increase risk to scalpers.
Also, Newegg is changing the return policy because of the high number of returns is screwing up their business, not as a way to combat scalping.
Why haven't they implemented a way to try to get cards to consumers instead of scalpers, they don't give a shit, nor does Nvidia or any other retailer.
Best Buy maybe, but who knows how effective their system is because there's plenty of 4090FE in reseller market.
Nvidia, was doing a GeForce Experience priority access, but hasn't sent anything out lately
But, the biggest villain in all of this are the people with no self control who are buying scalped merchandise (in my opinion).