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  1. #1
    Join Date
    Jun 2006
    Posts
    6

    Default Possible Bait and Switch in Oregon

    My question is regarding the sales practices of a large office retailer located in Oregon. In a recent 4th of July mailing, they offered a particular model of 64 bit laptop at the price of ~550. Excited, my father and I went to the store, found the computer at that price and purchased it. We pointed to the sales representative, "Are you sure this qualifies the rebates that we saw offered in the Sunday circular?" - "Yes" they said. We brought the computer home - everything looked just like in the ad. As I started opening the packaging, I noticed it was the 32 bit model. A number of other features were substantially worse as well. We called back and the manager said that the particular model advertised was a closeout.

    I understand that closeout models can be "loss leaders" to draw in customers and that retailers don't have to stock "closeout" items.

    However, in this case, the company allowed us to substitute an inferior although cosmetically similar item for the same price. They did this inspite of the fact that we even pointed to the information in the ad to the salesperson.

    First, because of the cosmetic similarity, I am sure a large number of customers will never realize that the retailer dumped their old stock using the ad as bait.

    Does this merit "bait and switch" - how can I best resolve it? Can I file a claim by myself? I plan to contact the BBB as well. [I will hold on to the laptop for a day until I decide what to do.]

    Thanks!

    edit: spelling and grammar

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Possible Bait and Switch in Oregon

    It isn't clear from what you write if there was a "bait and switch" - that is, it isn't clear if the store deliberately substituted a different model for the one that was advertised, or if you selected the wrong model from the floor of the store.

    Stores can advertise specials with limited availability - while consumer laws vary by state, normally the limited quantity must be clearly reflected in the text of the ad.

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