It may not necessarily be all that obvious all the time, but the bait and switch tactic used by both the retail and political world should be of no surprise to people living in nations which are fueled by consumerism and politics.

Although the term itself was not adapted until the 1920s or so, the practice has undoubtedly been around since the beginnings of advertising, and the examples are everywhere. A gas station puts a sign up listing exceptionally low gasoline prices, but when drivers flood to the station, the one pump which was capable of supplying gas at that low price has apparently “failed”; other pumps- with no lines, naturally- are available only at regular prices.

Or perhaps, a store advertises a new computer with a special “one time offer” cost, but when interested buyers show up at the store, it turns out that only two of those advertised computers were in stock to begin with, and they went supposedly fast; the same computer but with a slew of additional features, however, is still available, but of course, it has a higher price attached. The list could go on relentlessly.

Travel agencies, airlines, car dealerships, and retail stores selling everything from clothing to electronics have all been guilty of using bait and switch as psychological selling mechanisms of sorts, with both success and usually, no repercussions, despite the presence of laws which ban against specific bait and switch practices.

Even though the ploy behind bait and switch can be- and, unfortunately, commonly is- used within politics and lawmaking as well, bait and switch fraud is primarily associated with the retail community. In the most basic sense, the strategy behind “bait and switch” is simple: throw alluring bait to the public, and when the public is successfully lured in, switch the bait to something more profitable for the producers.

Specifically, bait and switch tactics are based in the idea that by advertising a certain low-priced product, consumers will first be encouraged to go to an establishment to buy that advertised product, be it a car, a pair of shoes, or a European vacation package. When told that that advertised product is no longer available and that another more expensive product is in stock, this push for a more costly purchase is known as bait and switch.

As many consumer studies have shown, the disappointment of not having access to that original product- the “bait”- will often prompt a person to succumb to the persuasion of buying another product anyway. For sellers, the mission is accomplished effortlessly.

Sure, it may sound like slightly too easy of a gimmick, but this bait and switch sales tactic- often called bait and switch advertising, or, simply bait advertising- spans nearly all areas of consumer society, despite being both outlawed as “false advertising” by many states and being heavily regulated by the Federal Trade Commission.

Under law, bait and switch advertising is considered illegal if the seller has no “intent or want to sell” the advertised item. The fact of the matter is, though, that proving such a bait and switch practice can be fairly difficult, as there must be clear proof that there has been an intention to defraud by the seller. That is not to say, however, that such fraud cannot be caught.

Examples of valid bait and switch fraud may be far and few, but with the right knowledge, consumers can indeed challenge such deceptive selling systems.   

Definition of Bait and Switch 

 

 

Although bait and switch advertising schemes may not always seem immediately obvious, chances are that the majority of consumers have been- or will be- lured into stores by such ploys at some point in life. In many ways, bait and switch as a selling mechanism is a staple of any consumer-driven society, but what many buyers are unaware of is that the tactic, under certain circumstances, is prohibited against by law.

 

 

While bait and switch is usually a phrase used to describe the general idea of luring consumers into a store based on advertisements of low-priced products (the bait) only to have those products either unavailable, or, to simply disregard the products altogether in hopes of selling more costly products (the switch), for the gimmick to be considered illegal, specific proof must be provided of the seller's deliberate intent to defraud.

 

 

In most bait and switch scenarios, a retail establishment will advertise a special "unbelievable!" sale of a product in order to first and foremost get buyers into that establishment; this is ultimately the first success of the seller. Once the buyers are actually in the store, a variety of reasons may be given as to why the product is no longer a feasible buying option, but instead, sellers will try and get those buyers to purchase a "better" and more expensive product.

 

 

In theory, because of the disappointment which results on behalf of that product unavailability, the consumer will be more apt to buy a substitute, or, for that matter, anything. It is with this latter notion that the sellers have undoubtedly won, particularly because the advertised product may not have been available to begin with.

 

 

Legality of Bait and Switch   

 

 

Just because a retailer attempts to upsell products by luring consumers in with an exceptionally low (and typically, very limited) sale price does not necessarily make that establishment guilty of fraud by any means, though.

 

 

For the bait and switch practice- often specifically called bait advertisement- to be considered true to "false advertising," and consequently, for a particular seller or manufacturer to have fraud charges brought against the greater company, there must be first, an advertisement which proves that the terms of the advertised sale did not comply with the actual product sale, and second, proof that the seller has showed "no intent or want" to sell the advertised product.

 

 

Although consumer protection laws may vary from state to state, the Federal Trade Commission, or FTC, highlights the main bait and switch selling tactics which are punishable as fraud. In the most basic sense, such tactics revolve around the notion that sellers may not dismiss the sale of an advertised product for one of greater value unless a range of bait and switch advertisement regulations are met.

 

 

Bait and switch tactics are primarily noted for their use within the retail field, but that does not mean that the idea behind the practice is not applied to other fields, like politics. In fact, the relationship between advertisement and politics should make the notion of political bait and switch one to be expected. While bait and switch ploys can essentially be translated onto many political fields, the most common political adaptation of the phrase relates to "caption bills."

 

 

What such bills aim to do, essentially, is to raise support (the "bait")for a particular bill passage- in general, the bill in question is usually fairly broad in nature, as to allow for further and more specific elaboration later- and then, once the bill gains momentum and gets passed, the most important details are relayed into writing (the "switch"), often changing the idea behind the bill drastically- ones which could have resulted in a denied passage of the bill to begin with.