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Bait and Switch?

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Dagwood

New member
What is the name of your state? Arizona
I made an inquiry on Amazon to a seller about a specific model number of a product. The seller responded with the model number that could not be found anywhere on there selling page. The price was fantastic and was cheaper than any same model number on the web. But still seemed fishy. I placed the order and then received the downgraded model. Contacted the seller and they said I received the model number I paid for. Went thru the entire process with the seller to get this swapped, and that they baited an switched me. They said I could return the model for a full refund. That is not the issue. I paid for the upgraded model, I want that model. Amazon is NO help as your advocate, because they are not the seller. They just provide the platform on which to buy and sell products. (But they allow this federally regulated practice to take place.) I have tried many times to have the seller provide me the correct model, but I am assuming because they will lose money, they will not provide me the correct model. And the only help is the seller will provide a label on which to return the product for a full refund. They can continue to practice these fraudulent practices.

Is this a situation of Bait and Switch?
 


zddoodah

Active Member
You can slap whatever label you want on it, but it's a legal nothingburger since the seller is offering a full refund.
 

Dagwood

New member
You can slap whatever label you want on it, but it's a legal nothingburger since the seller is offering a full refund.
I appreciate the reply. I can agree that sending the product back and getting my money back is a good option. But the seller gets to continue their fraudulent practices and then the next person gets hurt. I am trying to find out if this is an actual case of Bait and Switch. Thank you.
 

quincy

Senior Member
I appreciate the reply. I can agree that sending the product back and getting my money back is a good option. But the seller gets to continue their fraudulent practices and then the next person gets hurt. I am trying to find out if this is an actual case of Bait and Switch. Thank you.
If the seller had not given you the model number before purchase, and not sent you that same model number, the sale would be more questionable. But, since the seller is willing to give you a full refund - instead of trying to convince you to buy a more expensive model - it is not a bait-and-switch. You bought and received what you ordered.

Bait-and-Switch: https://www.law.cornell.edu/wex/bait_and_switch

You could file a complaint with your state’s Attorney General and the consumer protection division can look into the seller to see if he’s engaged in unfair trade practices. Here is a link to file a complaint: https://www.azag.gov/consumer
 

Zigner

Senior Member, Non-Attorney
I appreciate the reply. I can agree that sending the product back and getting my money back is a good option. But the seller gets to continue their fraudulent practices and then the next person gets hurt. I am trying to find out if this is an actual case of Bait and Switch. Thank you.
One man's fraud is another man's clerical error.
 
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zddoodah

Active Member
I appreciate the reply. I can agree that sending the product back and getting my money back is a good option. But the seller gets to continue their fraudulent practices and then the next person gets hurt. I am trying to find out if this is an actual case of Bait and Switch. Thank you.
You only have standing to seek redress on your own behalf. What the seller might do in dealing with others isn't your concern.
 

quincy

Senior Member
You only have standing to seek redress on your own behalf. What the seller might do in dealing with others isn't your concern.
I disagree with what is bolded above.

A complaint can be filed with the consumer protection division about the seller and the AG’s office will determine if there is a violation of Arizona’s trade practice laws. The more complaints lodged against a seller/business, the more likely legal action can be/will be taken by the state against the seller. And that benefits all consumers.
 
It seems like you might have fallen victim to a bait-and-switch situation in this case. Bait-and-switch is the practice of marketing a product at one price or with one feature to draw in clients, then offering a different, usually subpar, product in return. It raises questions about dishonest business practices if the seller delivers you an upgraded model yet the model number they initially gave did not match the actual goods.

In order to resolve this matter, keep track of all correspondence you have with the vendor and make it clear that you are looking for the right model or a reasonable fix. Consider taking Amazon customer service to task if the seller declines to deliver the right product and you can show proof of the bait-and-switch techniques. Amazon may interfere to ensure a fair resolution, as retaining customer trust is critical to the platform.

If Amazon doesn't respond, you might want to look into alternative options, such filing a report about the incident with the appropriate consumer protection organization or writing a review outlining your experience. Examine the seller's reviews and ratings as well in order to warn other customers about any possible problems. Check your area's consumer protection legislation or, if need, obtain legal counsel.
 
I appreciate the reply. I can agree that sending the product back and getting my money back is a good option. But the seller gets to continue their fraudulent practices and then the next person gets hurt. I am trying to find out if this is an actual case of Bait and Switch. Thank you.
The manufacturer told you the model. You could have asked for specifications but chose not to do so. Send it back for a refund and post a review pointing out that they are selling Model X with these specifications.
 

quincy

Senior Member
There could be some deception involved in picturing a more expensive model in the ad. That could lead to consumer confusion over what exactly they were receiving. Dagwood would have had a better legal action - if that is what he was looking for - had he not mentioned anything about model numbers to the seller.
 

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