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Bait-and-switch advertising

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Trademark Law

Definition

Bait-and-switch advertising is a deceptive marketing practice where a business advertises a product at a low price to attract customers, only to inform them that the product is unavailable or of lower quality, and then push them to buy a different, more expensive item. This tactic is designed to lure consumers into a store or onto a website with misleading claims, ultimately leading to a sale that was not the original intention. It is considered illegal and can lead to false advertising claims under various laws and regulations.

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5 Must Know Facts For Your Next Test

  1. Bait-and-switch advertising is illegal in many jurisdictions and can result in penalties for businesses found engaging in this practice.
  2. The Federal Trade Commission (FTC) actively enforces laws against bait-and-switch advertising to protect consumers from deceptive marketing.
  3. Consumers who fall victim to bait-and-switch tactics may file complaints with regulatory agencies or seek legal remedies against the offending business.
  4. This tactic can damage a company's reputation and lead to loss of customer trust, which is vital for long-term success.
  5. Businesses are required to have sufficient inventory of advertised products or services, making it essential to follow ethical marketing practices.

Review Questions

  • What are the key characteristics of bait-and-switch advertising, and why is it considered illegal?
    • Bait-and-switch advertising involves attracting customers with an advertised low-priced product that is not available, then persuading them to purchase a different, often more expensive item. This practice is illegal because it misleads consumers and undermines their ability to make informed purchasing decisions. The key characteristic lies in the intentional deception, as businesses do not intend to sell the advertised item but instead use it as a lure.
  • How do consumer protection laws apply to bait-and-switch advertising practices?
    • Consumer protection laws are designed to prevent unfair or deceptive practices in the marketplace, including bait-and-switch advertising. These laws empower regulatory agencies like the FTC to investigate complaints and take action against businesses engaging in such misleading tactics. By enforcing these laws, authorities aim to maintain fair competition and safeguard consumer rights, ensuring that businesses adhere to truthful marketing practices.
  • Evaluate the impact of bait-and-switch advertising on consumer trust and business reputation within the marketplace.
    • Bait-and-switch advertising significantly undermines consumer trust because it creates an expectation based on false representations. When consumers experience such deception, they are likely to feel frustrated and disillusioned with the brand. This can lead to negative word-of-mouth and damage the overall reputation of the business in the marketplace. In a competitive environment where customer loyalty is crucial, engaging in bait-and-switch tactics can result in long-term consequences for businesses seeking sustainable success.

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