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Bait and Switch

Bait-and-switch is a form of fraud, most commonly used in retail sales but also applicable to other contexts. First, customers are "baited" by advertising for a product or service at a low price; second, the customers discover that the advertised good is not available and are "switched" to a costlier product.

If a local car dealer (state of PA) advertised a vehicle for $16,999 when it should have been $26,999, do they have to honor the advertised $16,999 price, is there a Federal Trade Commission site for a statute or law that states they must honor this price?

The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) cover such issues as bait and switch situations. If it was misstated purposely, then there would be a violation of the UTPCPL. On the other hand if it was truly a mistake by the car dealer, it would not violate UTPCPL.

If someone was offered and booked a specific resort accommodation, but once at the resort the accommodation was not what was promised is this considered a bait and switch?

If a person contracted for X and got Y they have the right to claim for breach of contract. A person can sue or begin with a complaint to the BBB and dept of consumer affairs.

If a computer was listed in the paper for a specific price, but the store refused to sell it stating the ad was a mistake, can the store legally do this?

The computer ad can be viewed as a bait and switch form of advertising, and is regulated by the FTC. The FDC should be contacted stating that the advertisement was false, and a form of bait and switch case in which the merchant can be held liable for false advertisement. If the customer cannot come to an agreement with the merchant, then a complaint should be filed against the merchant with the FTC.

I had paid for a promotion for a stay at a Las Vegas resort. I had received a confirmation number for the dates I had picked. Sometime later the resort switched my stay to a different resort off the strip. The reason was they sold their remaining interest in the resort I had booked. But yet on their website they are rooms available and they still opportunity to buy a timeshare. Can they switch resorts if I already paid for it and had a reservation?

The contract agreement with the resort should be read and reviewed, but if there is nothing in the contract allowing them discretion to change resorts then they will claim they have the right. However the customer has the right to demand a refund for them breaching the contract or at least for them committing false advertising on their site and pulling what seems to be a bait and switch. If they will not return funds for the resort, then a complaint needs to be filed with the attorney general’s office for unfair and deceptive practices and bait and switch and false advertising. If the attorney general cannot resolve the matter then the person will have grounds to sue them on.

Having the right information about bait and switch rules can help individuals deal with difficult situations and make the right decisions. Ask Experts about the bait and switch rules and other related topics.

Ask a Consumer Protection Lawyer

Infolawyer
Infolawyer, Lawyer
Category: General
Satisfied Customers: 5947
Experience:  Licensed attorney helping individuals and businesses.
11313492
Type Your Consumer Protection Law Question Here...
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9 Consumer Protection Lawyers are Online Now

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Consumer Protection Lawyers are online & ready to help you now

Infolawyer
Lawyer
Satisfied Customers: 5518
Licensed attorney helping individuals and businesses.
Ely
Counselor at Law
Satisfied Customers: 2620
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Law Pro
Lawyer
Satisfied Customers: 1711
20 years experience in consumer advocacy, debt collection violations, contracts, construction

Recent Bait and Switch Questions

  • If you get a phone call from a person living and working for

    If you get a phone call from a person living and working for a company in another state, inviting you to their company located in their state, telling you their company wants to buy your timeshares if you will come to their office in their state, and you go there and find they do not buy anyone's timeshares and then wants to sell you something else, can they be sued in the state to which they called.? Is this a type of fraud?
  • wanting to ask a follow up question to one answered a few weeks

    wanting to ask a follow up question to one answered a few weeks ago
  • I went into to purchase a vehicle with true car pricing in

    I went into to purchase a vehicle with true car pricing in hand today. i ended up signing a contract for a vehicle which they had in stock on their lot, but not at all what I originally requested. I had a headache, tired of looking, etc. so I signed stating I would be in Monday with a cashiers check. I put no money down, no trade in, the few accessories i ordered were written on a separate piece of paper, which stated they would be bought by the dealership and installed after I paid the vehicle. Is there anyway I can void the contract and search for what I originally came in for? Am I liable for the price of the vehicle if I refuse to come into the dealership and pay for it? I do not have possession of this vehicle. It would be turned over to me on Monday when I come in with the cashiers check.

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