I purchased a product from Bayou Fitness. My order was accepted and charge on my credit card. A few days later they cancelled the order and issued a credit saying that the product was no longer availalble. I checked their website an the exact product was available at a over $150 more. It seems to me that is was either bait and switch or they made a mistake in their advertisement. Are they obligated to honor the price since they accepted the order? I filed a case with the BBB in LA but the Bayou Fitness is not cooperating. Do I have any other recourse?
Country relating to Question: United States
State (if USA): Louisiana
Filed BBB in LA but company will not honor advertised price.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your situation. If they had the product all the time but refused to sell it to you at the price that they advertised, then this may be a case of false advertising, not to mention negligent misrepresentation, mismanagement, deceptive trade practice. For the sake of simplicity, let us focus on false advertising for now. Specifically, you would have to show that their advertisement was calculated to deceive the customer.Federally, this is prohibited under the LANHAM ACT:http://www.dgslaw.com/documents/articles/333592.PDF... Louisiana has its own version of false advertising as well. Individuals in your situation next may wish to send them a letter demanding that their honor their advertisement or you may bring action against them using federal/state code. If they do not agree, then you always have the option of litigation.The letter would have most gravitas if it came from an attorney and this costs about $100 or so.Now, there is a caveat. If the price listed was obviously a mistake the first time (example: $15.00 instead of $150.00) and a reasonable consumer would have understood that this was a mistake, then the case is not ripe for false advertising.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces when you are ready – I do not get credit for my time with you if you choose the lower two. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)
Here is detail of my request. In the companies response, they indicate I was not the only order cancelled. Could this be class action suit if they do this on a regular basis?
6/1-Ordered 1 pair of Stamina 50 lb. Versa-Bell II Pro Model 05-2155P @ $188 Confirm #68720. My debit card was charged $188.
6/4 received e-mail indicating there was a glitch on their site and my order was cancelled.
6/5 received refund confirm #68566 and $188 was removed from by pending transactions.
6/5 I checked web site and exact same product being sold for $348 on P. 3 of 5 www.bayoufitness.com/dumbbells/adjustable-dumbbells.htm.
6/5 I contacted customer service and talked to Reginal Johnson to request to order the item at the advertised price. He told me it was out of stock. When I told him I saw it on the web site, he said that it was being shipped from another location. I asked to talk to the mgr. and he told me there was no one else to talk to. Live chat and e-mail link goes to him as well.
I believe this is bait and switch!
Consumer's Desired Resolution:
Would like to purchase requested item at $188 (original advertised price).
RECEIVED BUSINESS' REBUTTAL RESPONSE : When our company makes special purchases of items at discounted prices, the savings are passed on to the customer. When the special sale items are sold out, they are no longer available at that price. We sell through many web sites and it occasionally happens that products are oversold. We certainly did not use a "bait and switch" tactic as we never attempted to sell the customer a higher priced set. We simply refunded the amount charged for an order that we were unable to complete. I understand the customer's disappointment in not receiving the product at the discounted price. This is not the only order that was cancelled for this product. We would like to be able to meet the customer's request, but we are unable to purchase these from the manufacturer at the requested price. Thank you.
BBB CONSUMER REJECTS BUSINESS' FINAL OFFER : (The consumer indicated he/she DID NOT accept the response from the business.)
The price was advertised and the company should honor the advertised price at the time of purchase.
Hello,Thank you for your follow up.Here is what seems to have happened - they advertised for a price on the product and ran out. You ordered and were credited; and then they got more in stock and began selling it at regular price.The question therefore arises - should they still honor your request once they get new product in for the same low price? Actually, this is such a hair-splitting question that it should be answered by the Court.They can argue that once they credited it to you when they were out, the contract was cancelled.You can argue that since you ordered at the time that the promotion was ongoing, they should honor the price once they got the product back in, even if the promotion was no longer ongoing.Understand that the BBB will not do anything for you but log the complaint. You may also file a complaint with the Attorney General's Office...http://www.ag.state.la.us/Article.aspx?articleID=28&catID=0#ConsumerProtectionSection...but they are unlikely to act unless they get many complaints.Your best step here may be to threaten to file suit. Understand that you would be using the threat of the suit as leverage to get what you want. Hopefully, they will simply agree to honor the advertisement if/when they figure out that they could spend a lot more on litigation than the product. Could this be class action suit if they do this on a regular basis?Possibly. To have a class action, you would have to show:1. Numerosity2. Commonality of facts*3. Representatives’ claims mirror the class’s claims4. Representatives will protect class’s interests5. Class can be defined objectivelyLa. Code Civ. Proc. Ann. art. 591(A).Whether or not this is possible depends on how many people were hurt by their actions, but the threat thereof may have them agree to honor the deal.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces when you are ready – I do not get credit for my time with you if you choose the lower two. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)
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