I recently went to a store to buy an advertised item and was told they were out of the product. The clerk then tried to sell me another item. Isn’t that illegal in Massachusetts? -- Various readers.  

Maybe. Massachusetts law prohibits merchants from using “bait and switch” tactics. They may not advertise one product and then try to steer consumers to another product by refusing to show the advertised item, disparaging it or its warranty, or failing to provide a legally sufficient quantity.  With respect to the first two examples, the Massachusetts regulations dealing with our consumer protection act defines "Bait Advertising' and ad that offers something that the seller has no intention of selling.  (See 940 CMR 3.00).  Your case, on the other hand, raises the issue of whether the seller had a legally sufficient quantity.

But what is a legally sufficient quantity? Under Massachusetts General Laws Chapter 93A and 940 CMR 6.06, a seller may be guilty of false advertising (or of bait and switch tactics) if it advertises a particular item and then fails to provide a quantity sufficient to meet “reasonably anticipated demand.” While the meaning of that term may be debated, the seller satisfies its obligation if: 1) it has a legally sufficient quantity but encounters extraordinary demand; 2) it offers a raincheck; 3) the ad clearly states that supplies are limited and that no rainchecks are available; 4) it offers a comparable substitute; or 5) it can prove shipping delays. (Submitted by the Editor)  For more information or to post a question, visit our MA Consumer Law Discussion Forum.