Cal. Code Regs. tit. 4 § 1304.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1304.1 - Bait and Switch Advertising

The term "Bait and Switch Advertising" means an alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell. The purpose thereof is to switch consumers from buying the advertised merchandise, in order to sell something else, usually at a higher price or on a basis more advantageous to the advertiser. Bait and switch advertising of any article subject to the provisions of the Home Furnishings Act shall be deemed to be false and misleading. Practices which shall be considered as evidence of unlawful bait and switch advertising include but are not limited to the following:

(a) Refusal to show the product advertised;

(b) Disparagement in any respect of the advertised product or the terms of sale;

(c) Failure to have available at all outlets listed in the advertisement sufficient quantities of the product to meet reasonable anticipated demands;

(d) Refusal to take orders for the advertised merchandise for delivery within a reasonable period;

(e) Showing or demonstrating a defective product unusable or impractical for the purposes implied in the advertisement;

(f) Accepting a deposit for the product and then switching the purchaser to a higher priced item;

(g) Failure to make deliveries within a reasonable time or to make a refund.

Cal. Code Regs. Tit. 4, § 1304.1

1. New section filed 8-5-70; effective thirtieth day thereafter (Register 70, No. 32).
2. Amendment of NOTE filed 12-10-81 as procedural and organizational; effective upon filing (Register 81, No. 50).
3. Amendment filed 10-15-82; effective thirtieth day thereafter (Register 82, No. 42).

Note: Authority cited: Section 19034, Business and Professions Code. Reference: Sections 17500, 19088, 19150 and 19210, Business and Professions Code.