Bait and Switch

Abstract
      Bait and switch advertising is a violation of consumer laws. It is a type of business practice where one party such as a business, will offer “bait”. This tactic is used to lure the customer by advertising a product at a very low cost. Once the customer is interested, the business will pull the “switch” and the product is no longer available at the advertised price. Instead, the product is offered at a higher price.
      In the video, “Bait and Switch”, the newspaper ad advertising a pickup truck for an attractive price lured Betty to the dealership. Betty drove three hours to the car dealership to get three thousand for her used pickup truck and to purchase the pickup truck advertised in the ad. Betty was baited by the advertising for a product at a low price. Betty discovers that the pickup truck advertised in the newspaper ad is not available and is switched to a higher price product. Tony did not show Betty the advertised pickup but a more expensive truck.
      In this paper, one will discuss the rights that consumers such as Betty have when victimized by Bait and switch advertising. An individual will be able to discuss if the distance and temperature conditions are a factor in determining if the dealer must perform in accordance with the published advertisement. One will also be able to discuss the factors that dictate a binding contract and if employees of the advertiser can take advantage of advertised specials.

  1. Does the fact that Betty drove three hours in one-hundred-degree heat have any bearing on whether or not the dealer must perform in accordance with the published advertisement?

  A car dealer is not required to sell a person a car just because that person underwent some difficulty to get to the dealership. Generally, ads are not offers but invitations for offers. Although Betty might argue that she relied to her detriment (the doctrine of detrimental reliance) on the ad, the circumstances Bettye endured as a result...