Bait and switch is illegal, right?

I usually avoid car dealerships like the plague, but I found a pickup I liked so I called a dealer in Illinois. Sales person said he’d go look at it and call me back. When he called me back, he flat out told me I don’t want the pickup and he has a pickup he wants badly to sell me for twice the price.

That’s flat out bait and switch. Isn’t that still illegal?

I suppose but proving it is
probably next to impossible. Go
with the first instincts you
mentioned.

No that wouldn't be bait and switch. He didn't switch anything just tried to get you to upgrade.

Here's a definition I found:

Definition of bait and switch. 1 : a sales tactic in which a customer is attracted by the advertisement of a low-priced item but is then encouraged to buy a higher-priced one.

I would say that what they did falls into that category. Problem would be bringing charges against them and making them hold up in court.

That tactic is used by a lot of businesses, usually found where commissioned sales people are employed.

I fell for one several years ago after I bought my first house. Got an unsolicited quote for homeowners insurance in the mail, a really good price! So I call, salesman made me an appointment. I show up with my current policy in hand.

He immediately presented me with a quote much higher than the original, and higher than what I was paying at the competition!

I looked at it, asked why I should accept his offer. He said no real reason other than I was there and he could sign me up right away.

"What???"

He didn't have an answer as to why his offer was higher for the same coverage.

I proceeded to tell him and the rest of the staff and potential customers that in reality I had been outright lied to to get me in the door and waste my time dealing with liars and thieves!

Still, every year they know when my policy will renew, here come the same offers from multiple agencies...

I don't bite the same bait twice!

No, thats not bait and switch. Its a salesman trying to upsell you. Its what they do.

If he never had the pickup advertised, that would be bait and switch. If you told him what you wanted and he told you up front that pickup does not meet your requirements, I don't see how that could be considered bait and switch. In the past, some dealers would have told you just enough to get you to inspect it in person.

Nope. You contacted him. He did not "bait" you. He did as you asked. You may or mat not have gotten an honest answer, but he did do as you asked. Trying to sell you a different vehicle is what a salesman does.

Bait and switch is when they advertise a low priced vehicle to attract you to the sales lot, then the advertised vehicle is conveniently not available. But, we have several other higher priced vehicles that we can sell you instead. That is bait and switch.

No that is certainly not illegal. He is trying to make a living in a tough business.

I don't see that as a bait and switch.

What Sam's Club did to me once was pure bait and switch. I looked at a display of tires on a Sunday afternoon. After I thought about it for a day or so, I decided I liked the ones I had looked at. So I went back on Wednesday, and that tire was off the display in the tire shop.

The salesman at the tire shop told me all of those tires had been returned to the distributor. The tire replacing it just happened to be $20 per tire higher. When I argued, he said he'd go back to the warehouse and see if they had actually been shipped yet. While he was doing that, I went out to the racks in the store and found SEVEN of that particular tire on the rack in the store. By the time I got back to the tire shop, the salesman came up with a cart with a set of four of the tires he just "happened" to find yet back in the warehouse.

That's bait and switch.

Such sales practice is simply a sales tactic, not a crime. It never has been illegal.

Dean

You initiated contact with a car dealership and expected to be treated fairly/reasonably?

Simply put, their life goals are different than yours or mine!

(quoted from post at 19:06:33 02/13/19) No that wouldn't be bait and switch. He didn't switch anything just tried to get you to upgrade.

Click to expand...

Actually advertising something for a low price then trying to sell a higher priced item in it's place is by definition "bait and switch" and is in fact illegal.

Proving it is something else. Most places like that will have the cheap item on hand so actually proving bait and switch is nearly impossible.

Rick

I don't think any of it is illegal. It would have been bait and switch if after you got there they wanted twice the price for the same truck.

The last time we went car shopping on place played that game where the salesman kept going to the manager to get approval for the price and terms of the sale. The third time he left we did too.

(quoted from post at 18:42:08 02/13/19) I usually avoid car dealerships like the plague, but I found a pickup I liked so I called a dealer in Illinois. Sales person said he’d go look at it and call me back. When he called me back, he flat out told me I don’t want the pickup and he has a pickup he wants badly to sell me for twice the price.

That’s flat out bait and switch. Isn’t that still illegal?

Click to expand...

I think it would only be illegal if the dealer never had the advertised vehicle in the first place....

Actually look it up.

• If the seller does not intend to sell you the “bait,” and does any of the following in the course of selling other merchandise, then it’s probably the “bait and switch”:

Disparages the bait or its warranty, credit terms, availability of service, repairs or parts.

Employs compensation methods that discourage or penalize sales people for selling the bait.

Refuses to take orders for the bait.

Refuses to make delivery of the bait within a reasonable time period.

Shows you a broken or defective product.

Fails to meet anticipated demand for the bait without disclosing the bait’s limited availability in the ad.

Fails to stock all outlets with the bait in the quantity specified in the ad.

So yea, advertising something at a very attractive low price to get their hooks in you without intent on actually selling you that item is by definition "bait and switch".

So if the conversation goes "I'm interested in looking at this vehicle in your ad" and the sales person says "that's really not a very good vehicle but we have this other one that is a little more but much better" and you say OK it's not bait and switch. If you say "no the one advertised fits my budget" and the sales person says wait let me check "OH that one just got sold" it most likely is bait and switch. If they say OK come on in a look at it and are prepared to sell said junker it is not bait and switch.

Now seeing as most dealerships are aware of laws what most likely will happen if that vehicle in the ad is a fake just to get you to call is right away say "that vehicle just sold X amount of time ago (an hour, last night right at closing ECT), we have several other similar vehicles, bit newer and little more money........" There they are on the edge but still legal.

Proving it is the hard part. I have never called or gone to a car dealer and not expected them to try to sell me something I don't want. That's what they do. Most often they are on commission and will try to talk you into something that cost more.

Rick

How about some specifics? Is this a new or used vehicle? It's unclear how you located the vehicle. Was it in a print ad, online ad service like AutoTrader, or through a dealer network such chevrolet.com? Did the salesman indicate the particular vehicle wasn't available, or that it was on the lot but you wouldn't actually want to buy it? Did you have a VIN for the vehicle?

What you describe definitely SOUNDS LIKE bait and switch. You could complain to the Illinois state Attorney General, but that's not going to help you get the truck you want. If it was me, and I thought the advertised truck was one that I wanted and it wasn't sold, I'd take a look at it myself. Maybe even offer to put a small down payment on it via credit card if I couldn't get to the dealer immediately. But first GET THE VIN.

I don't know if this is bait and switch, but it is sure not right.

In 1981 I bought a '81 Honda hatch back off the dealer ship show room floor. I figured they would do all the prep work right before I got it. When we went pick it up first it wasn't quite the right colour. Second I wrote my name in the grease under the hood, the wife wrote down the Vin. #.

It took two weeks to get the right car, the salesman said he wouldn't have thought of doing that, often wondered how much it cost then, we wouldn't budge. It was a great car (truck).

(quoted from post at 23:10:02 02/13/19) How about some specifics? Is this a new or used vehicle? It's unclear how you located the vehicle. Was it in a print ad, online ad service like AutoTrader, or through a dealer network such chevrolet.com? Did the salesman indicate the particular vehicle wasn't available, or that it was on the lot but you wouldn't actually want to buy it? Did you have a VIN for the vehicle?

What you describe definitely SOUNDS LIKE bait and switch. You could complain to the Illinois state Attorney General, but that's not going to help you get the truck you want. If it was me, and I thought the advertised truck was one that I wanted and it wasn't sold, I'd take a look at it myself. Maybe even offer to put a small down payment on it via credit card if I couldn't get to the dealer immediately. But first GET THE VIN.

Click to expand...

Seems a bit over half of the responders do not know the definition of bait and switch. It is a practice where a business advertises a low priced item (tv, car, pair of shoes, doesn’t matter) to draw you in. Once they have you, they push hard to upsell you to a more expensive item. It works on people who don’t have strong will and are easily swayed. The pickup was listed on cars.com. I contacted them because I saw it advertised. The guy told me I don’t want that thing, but here’s a much better one for more money. Bait and switch.

I’m not gonna do anything about it. It just annoyed me. I’m still going to go look at the original pickup, just because I’ll be nearby the dealer (2.5 hours from home) on Saturday.

That covers my definition of bait and switch alright, but I don't know if it is legal or not.

Sam's mafia club where you have to pay admission.

That is why I don't buy from dealers I never buy a new vehicle I buy from individuals.

It may be illegal, but it's not a crime where you're going to call the police and have the salesman hauled off in handcuffs to jail, where he will sit for months on the taxpayer's dime waiting for trial like some murderer, rapist, drug dealer, or pedophile.

I *think* the proper procedure is to report the incident to the attorney general's office, but you need it to be documented or else it's just a "he said she said" matter which will not hold up in court. If and when the attorney general sees a regular pattern of illegal activity, then they will bring charges against the dealership.

You have no personal recourse because you did not suffer any damages other than the cost of the phone call.

Apparently there are still FOOLS in this world who will fall for a simple bait and switch? It baffles me that there are salesmen out there with the ball$ to even try it in this day and age. If for no other reason than the risk of being recorded and dropped on social media to become the next national pariah by viral video.

Another angle: the sales person may
have actually had customer
satisfaction in mind. The unit
called about may have had some
serious issues. That is why the
price. If a vehicle is junk: I would
rather the sales person tell me so
than to waste my time to go look and
find out then. Just saying.

(quoted from post at 06:55:52 02/14/19) Another angle: the sales person may
have actually had customer
satisfaction in mind. The unit
called about may have had some
serious issues. That is why the
price. If a vehicle is junk: I would
rather the sales person tell me so
than to waste my time to go look and
find out then. Just saying.

Click to expand...

Manfan,

That’s fine to think that, but I had called on a specific pickup at a specific price. If it’s such a pos, why even have it on the lot? There’s a difference between helping someone to find a better pickup because of customer service and keeping a low priced junker around as bait to draw in buyers. If I had started complaining about everything wrong with the junker, then it’s ok to offer a better pickup for a higher price. What annoyed me is he just immediately switched to the “better” pickup without even answering questions about the one I called on.

(quoted from post at 07:12:23 02/14/19)

(quoted from post at 06:55:52 02/14/19) Another angle: the sales person may
have actually had customer
satisfaction in mind. The unit
called about may have had some
serious issues. That is why the
price. If a vehicle is junk: I would
rather the sales person tell me so
than to waste my time to go look and
find out then. Just saying.

Click to expand...

Manfan,

That’s fine to think that, but I had called on a specific pickup at a specific price. If it’s such a pos, why even have it on the lot? There’s a difference between helping someone to find a better pickup because of customer service and keeping a low priced junker around as bait to draw in buyers. If I had started complaining about everything wrong with the junker, then it’s ok to offer a better pickup for a higher price. What annoyed me is he just immediately switched to the “better” pickup without even answering questions about the one I called on.

Click to expand...

Shoot, was supposed to say mmfan not manfan. This could get uncomfortable quickly...

Thing of it is as long as they have that item on hand and are willing to sell it it's not bait and switch. It's trying to up sell. Should they have lied about having the vitem in the first place or have it and refuse to sell it then it's "bait and switch". Even today when you can date/time stamp about anything you do with a cell phone as long as they can prove that the item in question was just sold within in the last 4 business hours or so I doubt that you could get a prosecutor to even try.

Thing of it is most car dealers know the laws and while they walk right on the very edge of those laws they stay back far enough not to be prosecuted.

As far as the poster only buying from PVT sellers? Many if not all I have dealt with through the years are either selling junk or have a greatly inflated idea of what their stuff is actually worth. It's almost like buying a used tractor from a private seller.

Rick

I don't see that as bait and switch with the tires at sams club. You could have bought the tires on Sunday at the ad price. They decided to discontinue the tires on Monday and quit selling them. They hadn't sent back the tires yet so they allowed you to buy them. I do not see an issue with that one.

As I understand it bait and switch is when the advertised unit is no longer in stock (knowing that it was already going when you called but said nothing about it going) or
never was in stock period. It does not sound like that is the case here. The salesman is attempting to upgrade the sale which is understandable but you do have the option
to just tell him to write up the vehicle previously discussed. Further, a call by you does not mean the seller has to reserve the item indefinitely. You have to commit to stop in
presumably within the next day to look at the vehicle versus some open ended arrangement. Also, as said the dealers work your ability to stay focused which is not a crime.
The last few times I bought a vehicle the dealer pushed an upgrade but I was very firm in terms of getting a particular vehicle they had in stock.

i understand bait and switch would be a problem AFTER you bought it and they delivered something else.

just talking to them and the change things isn't bait and switch really. he baited you but the other truck, I presume, is still available. If its not or wasn't available that's false advertising.. maybe illegal but hard to get any DA or PA to pursue i'm sure.

as always... BUYER BEWARE!!!!!!!!

(quoted from post at 23:08:58 02/13/19) I don't see that as a bait and switch.

What Sam's Club did to me once was pure bait and switch. I looked at a display of tires on a Sunday afternoon. After I thought about it for a day or so, I decided I liked the ones I had looked at. So I went back on Wednesday, and that tire was off the display in the tire shop.

The salesman at the tire shop told me all of those tires had been returned to the distributor. The tire replacing it just happened to be $20 per tire higher. When I argued, he said he'd go back to the warehouse and see if they had actually been shipped yet. While he was doing that, I went out to the racks in the store and found SEVEN of that particular tire on the rack in the store. By the time I got back to the tire shop, the salesman came up with a cart with a set of four of the tires he just "happened" to find yet back in the warehouse.

That's bait and switch.

Click to expand...

That's certainly not bait and switch. That's just you deciding you wanted something after they've already removed it from display.

Just commenting rocky. I tinker a
bit buying and selling items to
support my habit (tractor pulling).
At times I will sell items that are
"less-than-perfect ". If someone
calls and I don't think the
advertised item will meet their needs
I say so. No bait and switch
intended. Just trying to be up front
and honest so someone doesn't travel
several hours to be dissatisfied with
what they see. Many times a
dealership has low end units that
have a much higher profit margin than
higher priced units. All depends on
how much actual cash they had to
invest in the unit. Many times a
dealership has no cash in a lower
price unit as they "cleared" it in
the deal. Many sales personnel get
paid based on profit margin. So
trying to sell you a higher price
unit may actually reduce sales
commission. Just trying to look at
all the angles. Not just the negative
ones.

(quoted from post at 08:09:29 02/14/19) i understand bait and switch would be a problem AFTER you bought it and they delivered something else.

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[b:bc64809563][i:bc64809563]THAT [/i:bc64809563][/b:bc64809563]is "Bait and Switch".

What the salesman did to the OP with the truck IS called "[b:bc64809563][i:bc64809563]UP SELLING[/i:bc64809563][/b:bc64809563]".

What happened at Sam's with the tires was probably a mistake. What the guy at the Tire Shop told you was probably the truth and they had either not gotten around to pulling or had forgotten to pull the tires you saw on display. I think you were fortunate the fellow sold them to you.

Now, there used to be a situation several years ago in the ATV business that I consider as B&S that did happened [i:bc64809563][b:bc64809563]BEFORE [/b:bc64809563][/i:bc64809563]you took delivery. There was a very large ATV dealer that advertised all over the South East some crazy low deals on new ATV's . The deals were so good that folks drove hundreds of miles to buy from them. When you got there, all the ATV's they had available for [b:bc64809563][i:bc64809563]IMMEDIATE [/i:bc64809563][/b:bc64809563]sale were [b:bc64809563][i:bc64809563]LOADED [/i:bc64809563][/b:bc64809563]with accessories like a winch, big tire and wheel kits, windshields, racks, etc. You either had to buy the loaded ATV as it sat or wait until they could get a stock one from their warehouse and get it assembled and prepped which would be the next day. The loaded ATV was still the crazy low price, it just had a couple thousand dollars extra added to it. Most folks would drive there on a Saturday, so, "the next day" suddenly turned into three days later since they weren't open Sunday or Monday plus they'd have to take off work to go back on Tuesday.

-Scott