Bait And Switch

Bait And Switch

What does Bait And Switch mean in American Law?

The definition of Bait And Switch in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

A species of deceptive selling in which a retailer advertises attractive goods at splendid prices as bait in order to lure customers to his store, and then tries to get them switched to more profitable items, usually by having his sales force disparage the advertised items. The artifice is a powerful one because the customer has already expended the time and effort to come to the store, and nerved himself to buy, and that momentum can easily be taken advantage of by a trained salesman. While bait and switch is an unlawful deceptive trade practice in most jurisdictions, it is difficult to enfore, at least if the retailer has taken the precaution of actually having for sale a reasonable number of the advertised items. For it is not improper to talk a customer into buying a more expensive item than he originally wanted to buy, and it is even a service to him if the more expensive item is better, e.g., longer lasting by an amount in excess of its additional cost.


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