Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
The classic bait and switch - advertising one product to get you in the door, then pressuring you to buy something more expensive - is illegal in all 50 states. The FTC's consumer protection guidelines specifically prohibit this deceptive practice. But variations of this tactic persist across industries. Knowing how to recognize and fight back protects your wallet and your rights.
FTC Enforcement: The Federal Trade Commission specifically prohibits bait and switch advertising. Businesses that engage in this practice can face enforcement actions and substantial penalties.
How Bait and Switch Works
Classic Pattern
- Advertise product at attractive price
- When customer arrives, product is "unavailable"
- Pressure customer to buy more expensive alternative
- Disparage advertised product if available
Modern Variations
- Online price changes at checkout
- "That deal ended yesterday"
- Advertised features not included
- Bait apartment/home listings
- Service quotes that balloon
- "While supplies last" with no real supplies
Common Industries
- Car dealerships
- Furniture and mattress stores
- Electronics retailers
- Rental properties
- Home improvement services
- Travel and hospitality
Red Flag: High-Pressure Follow-Up: If they aggressively push you toward a more expensive option after the advertised deal "isn't available," you're likely experiencing bait and switch.
Legal Standards
What Makes It Illegal
- No intention to sell advertised product
- Insufficient quantities to meet demand
- Refusing to show advertised item
- Disparaging advertised item to discourage purchase
- Not delivering advertised services
What's Legal (But Shady)
- Limited quantity clearly stated
- Genuine inventory depletion
- Legitimate rain checks offered
- Clear "while supplies last" disclosure
Federal and State Laws
- FTC Act prohibits deceptive practices
- State consumer protection laws
- State advertising regulations
- Industry-specific rules (auto, real estate)
Car Dealership Tactics
Common Bait and Switch
- Advertised price car already "sold"
- Price requires unadvertised conditions
- Internet price not honored in person
- Monthly payment quoted on wrong terms
- Dealer add-ons required for advertised price
Your Rights
- Advertised price must be available
- Reasonable quantity must exist
- All conditions must be disclosed
- Can file with state motor vehicle board
How to Protect Yourself
- Get price in writing before visiting
- Screenshot online ads
- Confirm VIN of advertised vehicle
- Walk away if terms change
Document the Ad: Always screenshot or save advertisements. If the deal disappears when you arrive, this evidence is essential for complaints and legal action.
Real Estate Bait and Switch
Rental Property Tactics
- Advertised unit "just rented"
- Photos don't match actual unit
- Price increases upon viewing
- Features not included
Home Sales
- Listed features not present
- Condition misrepresented
- Upgrades removed before closing
- Hidden conditions in contract
Legal Protections
- Fair housing laws prohibit discriminatory bait
- Real estate licensing board complaints
- Fraud and misrepresentation claims
Online Bait and Switch
E-Commerce Variations
- Price increases at checkout
- Hidden fees added
- Different product shipped
- Deal expires during checkout
- Advertised item "out of stock"
Subscription Traps
- "Free trial" converts to paid
- Introductory rate not honored
- Features removed after signup
- Cancellation impossible
Your Protections
- FTC rules on advertising
- Credit card dispute rights
- State consumer protection laws
- Platform buyer protection
Check Total Before Confirming: Always review the final price before clicking "purchase." Price changes between browsing and checkout are a red flag.
Service Industry Tactics
Home Services
- Low initial quote that grows
- Advertised price for basic service only
- "Unexpected" problems discovered
- Materials different from quote
Professional Services
- Fee estimates that balloon
- Scope of work changes
- Junior staff does senior work
- Results not as promised
Protection Strategies
- Get detailed written quotes
- Specify "not to exceed" pricing
- Require approval for additional work
- Document original promises
Taking Action
Immediate Steps
- Document the original advertisement
- Note what was offered vs. delivered
- Request advertised deal in writing
- Get names of employees involved
- Walk away if pressured
Filing Complaints
- FTC: ReportFraud.ftc.gov
- State AG: Consumer protection division
- BBB: Creates public record
- Industry regulators: Auto dealers, real estate, etc.
Legal Remedies
- Actual damages
- Statutory damages under state law
- Rescission of contract
- Attorney fees (some states)
- Class action for widespread practice
Prevention Tips
Before Purchasing
- Research the company
- Read recent reviews
- Call ahead to confirm availability
- Get price confirmation in writing
- Screenshot all advertisements
During Transaction
- Don't let urgency override judgment
- Be willing to walk away
- Question any price changes
- Ask for the advertised item specifically
Fight Bait and Switch
Generate a demand letter for advertised price or refund of overpayment.
Create Your Letter