Is Bait and Switch Advertising Illegal in the United States?

Question from Trapper, Is Bait and Switch Advertising Illegal in the United States?

Answer from AI:

Bait and switch advertising is generally considered illegal under U.S. law. This practice involves advertising a product or service at a low price to attract customers, then persuading them to purchase a more expensive item or service. The Federal Trade Commission (FTC) regulates these practices under the FTC Act, which prohibits “unfair or deceptive acts or practices in or affecting commerce.”

Understanding Bait and Switch

In your situation, the company advertised a hardship spending allowance for individuals aged 64 and older. However, when you inquired, they asked if you had Medicare and then denied your eligibility based on your negative response. This could potentially be seen as a bait and switch tactic if the original advertisement did not clearly state that Medicare was a requirement.

Legal Recourse

If you believe you have been a victim of bait and switch advertising, you may have legal recourse. Here are some steps you could take:

1. File a complaint with the FTC: The FTC has an online complaint assistant where you can report your experience. They use these complaints to detect patterns of fraud and abuse.
2. Contact your state’s Attorney General: Many states have their own consumer protection laws, and your state’s Attorney General’s office can help you understand your rights.
3. Consult with a lawyer: If you believe you have suffered significant harm, you may want to consult with a lawyer. They can help you understand your options and potentially file a lawsuit.

Hardship and Legal Advice

While your living situation certainly sounds difficult, the definition of “hardship” for the purposes of a spending allowance would likely be defined by the specific program or law in question. It’s important to consult with a legal professional to understand your rights and potential eligibility.

Remember, this information is a general guide and not legal advice. Laws can vary by state and individual circumstances can greatly affect legal outcomes. Always consult with a legal professional for personalized advice.

For more information on bait and switch advertising, you can visit the FTC’s guide for small businesses which includes information on deceptive advertising practices.