Submitted by NoMan on Tue, 10/04/2011 - 08:25
Posted in
I'm wondering about one of your other posts where you defended the habit car dealers have of advertising a great price on a car and then, mysteriously, the car is already sold when you show up to look at it. To me that's the very definition of bait and switch adverting. They're using the ad to get people into the show room and then, oops, why not look at this little beauty over here instead. I've been looking for a used car for three weeks and this scam has happened to me twice already.
Bait and switch
I agree the practice can be frustrating, but it is not illegal under MA law. There are a couple kinds of bait and switch under MA law. In the Massachusetts regulations dealing with Chapter 93A (940 CMR 3.00) "Bait Advertising" is described as a good but insincere offer to sell a product that the seller does not really intend to sell. So, as you describe, the buyer see the add for a product he wants, but when he comes in he is steered to another product that the seller, for whatever reason--better profit, more availability, etc.-- really wants to sell. That is not the situation you describe. The dealer has the product, one car, and is willing to sell it at the advertised price. (Obviously, if the dealer does not have the advertised car, that is an unfair and deceptive practice.)
Another form of bait and switch advertising involves a situation where the seller advertises an item without having a sufficient quantity on hand to satisfy a reasonably expected demand. Again, the idea is to get people in the store and then steer them toward another product. However, as I discuss in the post you mentioned about car dealer advertising, the key language here is 'reasonable.' The car dealer advertises a specific product, identified by VIN. It is clear to the consumer that there is only one car (identified in the ad) that is for sale at the advertised price. It is reasonable for the dealer to assume that the reader of the add will understand that the offer will be satisfied on a first come first serve basis. Hope all that helps, and good luck with your car hunt.