Legal Question in Business Law in New York

False Advertizing

If an online retailer advertises a product at a very attractive low price, accepts an order for the item and then tells the buyer the item is out of stock and furthermore, the retailer continues to say the item is on backorder for week and months in an attempt to get the buyer to buy a more expensive product, is the retailer breaking any laws?


Asked on 3/10/09, 11:59 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: False Advertizing

The retailer may be breaking consumer laws concerning bait and switch. You would have to contact the NYS Attorney General's Office to intervene.

Mike.

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Answered on 3/10/09, 1:40 pm
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: False Advertizing

Consumer protection laws vary from city to city and state to state. For example, in NYC the retailer is required by law to maintain sufficient stock of a product that's "on sale" to meet reasonable expected demand unless the ad states that it is subject to current inventory or something similar. But not all venues have that law.

Contact the Better Business Bureau and/or the Attorney General's Office.

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Answered on 3/10/09, 3:19 pm


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