Consumer Fraud Bait and switch?

[Xander756]

I was at a sporting event the other night which was advertising as being $1 drink and dog night. Supposedly they had sodas, beers, and hot dogs for a dollar each. They had numerous signs saying this promotion was held every Friday and even a huge tarp over one section of the seats advertising it.

So I got in line. While in line, I saw the lady take the sign down. Then when I got up to the window, she said the promotion was until 8:00 only and I'd have to pay regular price ($4 per dog and $5 per drink).

First, I don't recall seeing "only until 8:00" on ANY of the advertisements for it. Second, I was in line way before 8. The line was huge, obviously, so I had been waiting awhile. Shouldn't just being in line make me eligible for the deal?

I guess what I'm wondering is if this is a sort of bait-and-switch?

 

[CdwJava]

It might be. But it is also good marketing because it brought people in.

Did they advertise falsely? Were these items sold for $1 at least part of that night? Sure!

When the prices went up, you could aways choose not to buy. And, in the future, you know to get your dogs before 8 PM.

 

[Xander756]

But then couldn't a car dealership for example defend themselves against a bait and switch claim by saying they sold one car at the advertised super low price and that others could always choose not to buy when they realize they would be paying full price?

 

[army judge]

Even if it were bait and switch, (which it isn't) what were your damages?

Bait & switch only occurs when a widget us advertised for $5.00 and the unscrupulous business sells you a whacker for $500.00.

What you encountered was a price increase.

The price was $1.00 & it was raised to $5.00.

That, my friend, isn't bait & switch.

 

[CdwJava]

But then couldn't a car dealership for example defend themselves against a bait and switch claim by saying they sold one car at the advertised super low price and that others could always choose not to buy when they realize they would be paying full price?

They do that already!

When they advertise a Ford Focus at $15,000 the fine print generally has the VIN# of that one vehicle. They get you onto the lot, tell you that the vehicle has been sold (because it usually has) and then try to convince you to buy another one. It would be different if they advertised that ALL Focuses were on sale at the stated price, but they do not.

If the sports venue indicated that they had $1 dogs ALL NIGHT, then you might have a complaint. Even though they appear to be in the right, you can still contact the management of the venue or the vendor and make the complaint. It might cause a change in their marketing strategy and/or signage, it might not.