Seeing items you want to buy at a low price can be exciting, only to find out that the store has run out of stock. However, the salespeople then mention that a better model of the sold-out product is available. If this feels like a setup, it probably is. This is a classic bait-and-switch tactic, and it is illegal in Texas.
The illegal nature of a bait-and-switch
The Texas Deceptive Trade Practices Act (DTPA) protects you from false trade practices. This law forbids sellers from advertising goods or services with the intent of not selling them as advertised.
In bait-and-switch tactics, the bait is the low-priced item that sellers use to lure you into their stores. They make the switch by disparaging the original item or claiming its unavailability, pressuring you into a more expensive purchase.
The red flags you must not ignore
Misleading acts are not always obvious. Some can appear with less suspicion than others. Nevertheless, watch out for these signs:
- The salesperson refuses to present the advertised product.
- The salesperson shows a broken or poor-quality version of the bait item to enhance the appeal of the switch item.
- The salesperson relentlessly pushes for the switch item.
- The product’s price is too good to be true.
While these are common, it is important to understand that good-faith errors are not necessarily a statutory violation. For instance, a genuine typographical error in an advertisement may not count.
What you can do to remain protected
The DTPA aims to provide a fair market for sellers and consumers. If you think a seller used deceptive acts to get your money, they are in the wrong.
While you may file a case against the seller, proving intent in a bait-and-switch sale can be tricky to handle alone. Additionally, you must provide a formal written notice to the person at least 60 days before filing the lawsuit. Seeking legal counsel can help you hold dishonest businesses accountable.