Does California have a Bait and switch law?

Answer 1

California has a bait and switch law. It is part of the law BUSINESS AND PROFESSIONS CODE SECTION 17500-17509. It States: "17500. It is unlawful for any person, firm, corporation or

association, or any employee thereof with intent directly or

indirectly to dispose of real or personal property or to perform

services, professional or otherwise, or anything of any nature

whatsoever or to induce the public to enter into any obligation

relating thereto, to make or disseminate or cause to be made or

disseminated before the public in this state, or to make or

disseminate or cause to be made or disseminated from this state

before the public in any state, in any newspaper or other

publication, or any advertising device, or by public outcry or

proclamation, or in any other manner or means whatever, including

over the internet, any statement, concerning that real or personal

property or those services, professional or otherwise, or concerning

any circumstance or matter of fact connected with the proposed

performance or disposition thereof, which is untrue or misleading,

and which is known, or which by the exercise of reasonable care

should be known, to be untrue or misleading, or for any person, firm,

or corporation to so make or disseminate or cause to be so made or

disseminated any such statement as part of a plan or scheme with the

intent not to sell that personal property or those services,

professional or otherwise, so advertised at the price stated therein,

or as so advertised. Any violation of the provisions of this

section is a misdemeanor punishable by imprisonment in the county

jail not exceeding six months, or by a fine not exceeding two

thousand five hundred dollars ($2,500), or by both that imprisonment

and fine." http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=17001-18000&file=17500-17509

Answer 2

Yes, Maryland does have a bait and switch law. The law is in the 2010 Maryland Code Commercial Law under Title 14 - Miscellaneous Consumer Protection Provisions, Subtitle 29 - False Advertising and Related Crimes, Section 14-2903 - Bait and switch. This law is as follows:

§ 14-2903. Bait and switch.

(a) Prohibited.- A person may not advertise for sale merchandise, commodities, or service through an advertisement describing the merchandise, commodities, or service:

(1) As part of a plan or scheme with the intent not to sell the merchandise, commodity, or service at the advertised price; or

(2) With the intent not to sell the merchandise, commodity, or service.

(b) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

[An. Code 1957, art. 27, § 198; 2002, ch. 26, § 4.]

Answer 3

One such law is the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). The FDUTPA provides for the recovery of actual damages to those who suffers losses as a result of violation of this act. Cases of unfair competition, fraud, antitrust and deception all come under the jurisdiction of FDUTPA. (Federbush 2004). According to Federbush (2004) the Act provides for antitrust precedents that outlines damages measured in terms of unlawful overcharge extracted from the consumer. In the case of deception however the Act provides that claims be limited for compensation of specific categories. FDUTPA is the basis for consumers' protection in the State court of Florida. In the following discussion the researcher attempt to trace out how the FDUTPA helps consumers to achieve awareness and prevent them from becoming victims of bait and switch tactics.

The need for inclusion of FDUTPA in business law has been to ensure honest transactions and commercial activities. As competition becomes fierce, companies tend to engage in unfair practices that not only harm the consumer but also other players in the industry. The provisions given by FDUTPA clearly outline the participation of the consumers and the business leaders in fair trade and business endeavors. One of the reasons for the inclusion of the FDUTPA and its strict follow up is due to the fact that companies, despite the legal framework continue to practice consumer fraud. Forgery, deceit, fraud in retail sales and advertisements, etc. all contribute to the consumer damages in monetary term as well as otherwise. One of the most common practices is "bait and switch" tactic adopted by advertisers and campaigners. Timeshare marketing companies (such as Lando Resorts of Florida), are examples of those who "thumb their noses" at consumer protection laws such as the FDUPTA!

As a backup plan, there are also Federal Trade Commission (FTC) statutes that also protect consumers against bait and switch tactics, and ANY "contract" that was executed (or entered into), based on information that was ... or was NOT ... revealed at the time of the actual transaction. Since the FTC is a federal agency, and Federal Laws always trump (and override) state laws, it would be wise to file complaints at the federal level at the same time as at the state level.