Can this company be held accountable for false advertisement?

Question

A certain retail store on Black Friday ran a paper advertisement stating that you would receive a "free" item (originally worth $x) with the purchase of another item for $xx. The ad stipulated that it would only last "while supplies lasted".

I arrived at the store at opening and was the first one to purchase the item in question. I received the item, but was told that there were no more of the "free" item, which should have been impossible since i purchased the first one.

They said that other people had purchased the item earlier in the week and gotten free cases; however, that still doesnt explain how something that's being advertised for "FRIDAY/SATURDAY only" was not in stock on the first day of the purported sale.

They agreed to give me one of the free items when they came back in stock, but when I returned later next week, they no longer wanted to abide by the original verbal agreement.

So - are they guilty of false advertisement? or just shady practices?

thank you for the responses. i can understand if they only have a 'few' units, or even just 1 unit since it would be shady but within their rights to do so. problem is, by their own admission i was the first one to purchase this item on the sale date, and they obviously had none in stock.

i was at the store today and the clerks called the manager , and he informed them of the decision not to honor the verbal agreement, but i will speak to the manager tomorrow in person about it.

- Yes, the $xx price of the item that i actually purchased was the sale price of the item.

Answer 1

I hope you have a WRITTEN ad of the offer that they "screwed" you out of. If so, see the store manager, and say to him that unless he makes good on the offer as written, you will report him to the media---television, newspapers, etc, and also take the store to Small Claims Court. KEEP YOUR RECEIPT which PROVES you were the first to buy the item when the store opened. I am almost SURE he will arrange to honor the offer because bad publicity will cost the store far more than the cost of the "free" item. Be prepared to DO these things if he does not honor the offer.

Answer 2

I'd say they would be guilty of both. What they did was a typical "bait & switch", where they advertise an item at some rediculously low price (or offer something free with it) with no intention of ever honoring it.
Car dealers do it all the time, ever heard "Good Credit, Bad Credit, No Credit? No problem!! Bring $99. and drive away!"??? You'll never find anyone with bad credit drive off a dealers lot in a brand new car with only $99 down, I promise you. But they hide the details in fine print so small that you need a microscope to read it. Usually it says "Offer good with approved credit only, additional down payment may be necessary, Dealer reserves right to refuse any customer, see dealer for details..."
Shady? yes. Legal? unfortunantly, yes.
Verbal agreements rarely mean diddly, unless you can back up what they told you with a voice recording of what was said.
As for whether you could actually sue? I'd contact a lawyer in your area and tell him the details and see if he feels you have a valid argument or not.


btw- reminds me of a local furniture store in our city who has been "Going Out of Buisness-Everything Must Go-Final Days" for almost twenty years now. The guy has made a career out of going out of buisness. lol

Answer 3

While this sort of tactic isn't really on the up and up sad fact is that in order to prove any type of fraud you have to establish the fact that they intended to deceive. Very difficult to prove.

It happens all the time. There's a retail electronics outlet (won't mention the name) that does it all the time. They advertise a really cool bargain limited to stock on hand. Problem is they only stock a few units.

Answer 4

supply me a harm. that's a pathetic checklist precise from the FOX /Rush playbook. previous institutions with terrorists? Are you nuts? and how approximately Bush's dating with the BIN-weighted down kinfolk. BLS components the numbers for the unemployment fee and has been doing it the comparable way for 40 years credit status downgrade falls squarely on the Republican domicile. era Sequester became a JOINT settlement. stupid for the two Inflation, dollar, Debt - See Bush Now perhaps you're able to examine right into some credible information sources

Answer 5

was item $xx on sale? did the sale have anything to do with the "special"? if the "special" deal was based on original price and that same item went on sale "Friday/Saturday only", it may not apply.

Answer 6

Yes definatly
Ps: Dont listen to Leftyizme hes a clown

Answer 7

Bait and switch

It is illegal

Since you have a reciept, go to the local law enforcement, if they won't do anything, then go to the DA of your city, if he won't do anything, then go to the city counsel, if they won't do anything, go to your state representative.

Make huge waves

You could end up with a plasma TV just to keep you quiet.

Peace

Jim

.

Answer 8

Sounds shady to me.