What is Bait and Switch

What is Bait and Switch 

Bait-and-switch is a form of fraud used in sales.   Customers are “baited” by merchants’ advertising products or services at a low price, but when customers visit the store, they discover that the advertised goods are not available, or the customers are pressured by sales people to consider similar, but higher priced items.

Are there any regulations dealing with bait and switch 

New Jersey has a group of regulations dealing with bait and switch.
www.njconsumeraffairs.gov/Statutes/Consumer-Fraud-Act.pdf 
Other laws are similar,

(a) Prohibited. — A person may not advertise for sale merchandise, commodities, or service through an advertisement describing the merchandise, commodities, or service:

(1) As part of a plan or scheme with the intent not to sell the merchandise, commodity, or service at the advertised price; or

(2) With the intent not to sell the merchandise, commodity, or service.
Typical Cases 

Laster v. T-Mobile USA, Inc.

407 F. Supp. 2d 1181 (S.D. Cal. 2005)     Holding that “bait-and-switch” advertising tactic suffices to establish injury  consumers were lured in with advertisements for free or deeply discounted services

 

Have you been deceived by a bait and switch practice.

Man in home office on telephone using computer smiling

 

Bait and Switch: Verizon and Cell Phone Carriers

Consumers have alleged that some cell-phone plans are misleading, and that promised saving do not occur, a type of bait and switch.   Our office is handling bait and switch claims under the New Jersey Consumer Fraud Act and other law.   How are bait and switch claims evaluated.

Availability of advertisement   In the best circumstance, a misleading advertisement can be located and shown to be misleading.

Deception  What is the fraud or deception.   Courts distinguish between puffing, general statements about benefits from fraud, a false misrepresentation of fact.

 

Free Consultation on Cell-phone Bait and Switch Claims

Man in home office on telephone using computer smiling

Bait and Switch: New Jersey Regulations, 13:45A-26A.4

DID YOU GO TO A DEALER AND FIND THAT THE ADVERTISED CAR WAS SOLD OR UNAVAILABLE.  IF SO, YOU MAY BE ENTITLED TO COMPENSATION.

The following motor vehicle advertising practices constitute “bait and switch” and are prohibited and unlawful:

You told me the car was at the dealership.

1. The advertisement of a motor vehicle as part of a plan or scheme not to sell or lease it or not to sell or lease it at the advertised price. 2. Without limiting other means of proof, the following shall be prima facie evidence of a plan or scheme not to sell or lease a motor vehicle as advertised or not to sell or lease it at the advertised price:

i. Refusal to show, display, sell, or lease the advertised motor vehicle in accordance with the terms of the advertisement, unless the vehicle has been actually sold or leased during the period of publication; in that case, the advertiser shall retain records of that sale or lease for 180 days following the date of the transaction, and shall make them available for inspection by the Division of Consumer Affairs.

ii. Accepting a deposit for an advertised motor vehicle, then switching the purchaser to a higher-priced motor vehicle, except when the purchaser has initiated the switch as evidenced by a writing to that effect signed by the purchaser. Failure to make delivery of an advertised motor vehicle, then switching the purchaser to a higher-priced motor vehicle; except when the purchaser has initiated the switch as evidenced by a writing to that effect signed by the purchaser. N.J.A.C. 13:45A-26A.4

We wanted the first car which should have cost 4,000 less as advertised.

Links 

Bait and Switch: New Jersey Regulations, 13:45A-26A.4
(text of New Jersey regulations dealing with automobile bait and switch).

Bait and Switch: Verizon and Cell Phone Carriers
(misleading cellphone solicitations).

 

DECEIVED, CALL (973) 598-1980 FOR A FREE CONSULTATION ON YOUR CLAIM

 

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