...In The Bait by Eric Chock we read about a young boy who begins his weekly chores by going out to fish in hopes of catching a large bass. We do not know much about this young boy at first and how he feels other than that he has a goal in mind. The boy thinks how he will give this trophy fish to another in hopes of fooling them into thinking that they are accepting a precious gift. What the young boy doesn’t realize is that as his day goes on he will be filled with regret as he realizes that he is now in control of another human’s life. Eric Chock emphasizes the carelessness which with leaders or people with inherent power put into the means that they use to achieve their end. He does this with the suggestion of the title as well as the cultural...
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...Running head: Bait and Switch Advertising and Communication Law: Bait and Switch Karen Kinnaird Professor Mark Glantz Law, Ethics, and Corporate Governance Business Law 500 November 27, 2011 Abstract Bait and Switch advertising is a type of fraud and is a violation of consumer laws. This form of business practice is an attempt to lure or bait a potential customer into a business. However, once the customer is about to take the bite, the business will pull a “switch” and make the product no longer available at that price or have a different product they are trying to “unload”. Advertising and Communication Law: Bait and Switch The Federal Trade Commission has defined bait advertising (includes any form of public notice however disseminated or utilized) as “an alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell. Its purpose 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. The primary aim of a bait advertisement is to obtain leads as to persons interested in buying merchandise of the type so advertised” (Guides Against Bait Advertising). Advertisements An advertisement or ads is defined by dictionary.com as a paid announcement, as of goods for sale, in newspapers, magazines, radio, television (Dictionary, 2010) and now the internet which some call a “digital centric landscape”...
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...Bait and Switch John Doe Strayer University Law, Ethics and Corporate Governance LEG 500 Bait and Switch Betty drove three hours in one-hundred degree heat. Does this have any bearing on whether or not the dealer must perform in accordance with the published advertisement? The Federal Trade Commission defines bait advertising as an enticing but insincere offering for a product or service where the advertiser has no intention or desire to sell. Instead, the purpose is to entice the consumer to buy another, usually higher priced, item or service that is more advantageous to the advertiser. The primary purpose of bait advertising is to identify potential buyers of the type of merchandise being advertised (“Guides against Bait Advertising“, 2011, para. 238.0). The advertisement that to which Betty responded to was an offer to sell a truck that was located at the dealer’s location, it was Betty’s responsibility to come to the dealer’s location in order to finalize the purchase. The fact that Betty made a long journey on a hot day does not, by itself, obligate the dealer to honor the terms of the advertisement. The situation does make Betty a sympathetic figure and in the interest of good customer service and making a sale Tony offered a $2000.00 discount to Betty on a new truck that was just delivered and later offered her an additional $1000.00 discount (Video) . Betty remained insistent that she wanted to buy the truck that was advertised in the paper and...
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...WITH/AVOID THIS CONFLICT? HOW CAN WE STAY OPEN-MINDED TO OTHERS’ OPINIONS? (Source: E-Library- How to Work Effectively with People who Act, Think, and Work So Differently from You!) -Take notice of the strengths! Compliment others on their talents and strengths. -IF there is a PROBLEM: Identify the problem, analyze the problem, and generate all possible solutions (“band-aid” or “cure” it), analyze all possible solutions, choose the best solution, ACT ON IT! -“QTIP” effect---Quit taking it personally!!—Give the answer and stop listening for criticism that is non-existent! Don’t misconstrue a statement; most likely that person was not intending to offend YOU directly; they PROBABLY were just having a bad day! -“DTTB-Don’t Take the Bait”- PICK YOUR BATTLES!! Watch out for guilt trips. Don’t allow yourself to be taken in by negativity. -Practice clarifying what you need and clear communication. Not all CONFLICT is bad, just make sure we are dealing with it in the right WAY. HOW CAN WE BE OPEN/ STAY POSITIVE IF CHANGE NEEDS TO OCCUR? “Without Change-Growth is Impossible!”-Unknown -CHANGE=CHAOS + OPPORTUNITY -Forbes says, “Do what you can to ease the transition, minimize the chaos and enhance the opportunity.” -Recognize if you are being resistance to the change. --DO A SELF ASSESSMENT -Leo Tolstoy said, “Everyone thinks of the world but no one thinks of changing himself.” -Change is inevitable; we all have to deal with it. On the other hand, Growth is OPTIONAL...
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...“Cecil Jacobs is a big wet hen!” I heard a familiar voice yell. I stood up from my chair and stumbled over to the window. “Hey!” I heard another familiar voice yell as I looked over the dark lot scanning for my two kids. The lot was completely pitch dark, but I became used to the dark long ago and I could barely make out an outline of what looked like a life-size walking ham. Why would Scout be dressed as a ham? I wondered to myself. I couldn’t see Jem although I knew it was his voice I had heard. I watched as Scout as Jem approached the big oak tree. Once the kids stumbled under the big old tree, I could make out Jem walking along side Scout talking quietly to her. The kids stopped all of the sudden, and I wondered if something was wrong. They shouldn’t be out here at this time of night. Where was Atticus? The Halloween pageant! I remembered the article I read in the weekly edition of the Maycomb tribune. That must be where they were and why Scout wore a ham as her dress. It must of ended late. “Run, Scout! Run! Run!” I heard Jem yell. At that moment I spotted a man with a ripped plaid shirt on, charging at the kids. My kids, I thought. He’s going to try to hurt them. The man wore a smirk of hate and revenge on his face. I couldn’t let them be hurt. They were all I had after years of being shut up in this old run down house because of my unknown sickness. I just couldn’t stay in my house and let the kids be hurt. I had to help. I grabbed what I needed from the kitchen and...
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...Assignment #4- Bait and Switch By: Charlene Allen LEG5000: Law, Ethics & Corp. Governance Jamie Davis Smith August 21, 2011 The Federal Trade Commission (FTC) was created in 1914. Its purpose was to prevent unfair methods of competition in commerce. Over the years, Congress passed additional laws giving the agency greater authority to police anticompetitive practices. In 1938, Congress passed a broad prohibition against unfair and deceptive acts or practices. Since then, the Commission also has been directed to administer a wide variety of other consumer protection laws, including the Telemarketing Sales Rule, the Pay-Per-Call Rule and the Equal Credit. The FTC pursues vigorous and effective law enforcement; advances consumers’ interests by sharing its expertise with federal and state legislatures and U.S. and international government agencies; develops policy and research tools through hearings, workshops, and conferences; and creates practical and plain-language educational programs for consumers and businesses in a global marketplace with constantly changing technologies. Bait and switch advertising is a violation of consumer laws. It is a type of fraudulent business practice where one party, such as a manufacturer or business, will offer the "bait". This could be a product that is advertised at a very low cost and is designed to lure in a customer. Once the customer is attracted, the manufacturer will pull the "switch". The proposed product will no longer...
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...Assignment 4: Advertising and Communication Law: Bait and Switch By Kelvin Barnes LEG 500 – Law, Ethics & Corp. Governance Professor Jamie Davis Smith Strayer University 8/16/2011 Advertising and Communication Law: Bait and Switch Betty drove three hours in one hundred degree heat. Explain if this fact has any bearing on whether or not the dealer must perform in accordance with the published advertisement. No I don’t think it really mattered if Betty drove three hours in 100-degree heat whether or not the dealer must perform in accordance with the published advertisement. If the dealership advertised the car at a cheaper price it should not have mattered whether Betty came from around the corner or from the other side of the state. I do believe that Betty should have really done her homework before she decided to drive that far for a car. People need to understand that when stores especially car dealerships offer sales that seem too good to be true, it’s basically a trick to get people into the store to buy something more expensive. When Tony said over the phone “three thousand dollars firm,” explain whether or not he was making an offer that, if accepted, would bind the dealership in contract. Tony made the offer over the phone and I guess it would stand as a binging offer to Betty on the trade on of her truck if her never told her they would have to check the car out first before he could make her a trade in offer on her truck. Tony has made a deal site unseen...
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...Assignment 4- Bait and Switch Mohammed Baba Law, Ethics, and Corporate Governance John Rodgers Strayer University September 02, 2011 Betty drove three hours in one-hundred degree heat. Explain if this fact has any bearing on whether or not the dealer must perform in accordance with the published advertisement. Introduction: Bait-and-switch is a form of fraud, most commonly used in retail sales and car dealership but also applicable to other contexts. First, customers are "baited" by advertising for a product or service at a low price; second, the customers discover that the advertised good is not available and are "switched" to a costlier product. The fact that Betty drove three hours in one hundred degree weather has no bearing on whether the dealer must perform in accordance with the published advertisement. Advertisements are not offers. In every advertisement by marketing firms, certain vital terms and conditions may not be very clear and certain. Common examples of these factors are pricing conditions and quantity. The law in advertising calls these invitations to treat; basically these are invitations from the company or the advertising firm to the general public to make an offer on a particular item or items at a given period of time. However no statement or illustration of any form of advertisement should be use to creates a false impression of the grade, quality, make, value, currency of model, size, color, usability, or origin of the product offered,...
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...The rise of mercantile capitalism and the industrial revolution has made village consumerism irrelevant. Products were once less complicated due to the local nature of industry with the idea of caveat emptor “let the buyer beware” and laissez faire (no govt intervention) these are now outdated due to manufacturers engaging in deceptive conduct. This lead to the need for law reform. Consumer laws objective was to remedy the imbalance between manufacturer and consumer and reflect the moral and ethical standards of society. The following essay will evaluate the effectiveness of the legal responses which protect consumers with regards to occupational licensing, implied terms, marketing and advertising, exclusion causes, and unfair contracts. A contract is a legally binding agreement. Every consumer transaction is a contract. A contract for goods and services is the main consumer contract; it involves one party (the supplier) supplying goods or a service to another party (consumer) in exchange for money. Contracts are governed under the Trade Practices Amendment (Australian Consumer Law) Act 2010 (Cwlth). The terms of a contract include express terms and implied terms. Implied terms are terms which apply automatically to any contract and don’t have to be stated within the contract. Implied terms include the requirement that the goods supplied: are of acceptable quality, are fit for the purpose of their use, and correspond to any sample shown by the supplier. Implied terms are effective...
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...Bait and Switch Melody McIntosh Professor Dwight T. Elliott Law, Ethics, and Corporate Governance - LEG500 February 27, 2011 Bait and Switch 1 1. Betty drove for three hours in one-hundred degree heat. Explain if this fact has any bearing on whether or not the dealer must perform in accordance with the published advertisement. The fact that Betty drove for three hours in one hundred degree weather has no bearing on whether the dealer must perform in accordance with the published advertisement. The dealer is required by legal guidelines to perform in accordance with published advertisement regardless of who the consumer is, where they come from or what they do. Advertising laws are aimed at protecting consumers by requiring advertisers to be truthful about their products and to be able to substantiate their claims. All businesses must comply with advertising and marketing laws, and failure to do so could result in costly lawsuits and civil penalties. (Busines.Gov, 2011) However, the dealer tried to pull the old bait and switch on Betty. I believe the three hour drive in one hundred degree weather had more of an effect on Betty’s determination to hold the dealer to perform in accordance with the published advertisement. Bait advertising is an alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell. Its purpose is to switch consumers from...
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...Assignment: * Assignment #4 – Bait and Switch (Due November 29) View the video: “Bait and Switch” by clicking on the link in the course shell. There is also a link that will allow you to print the script of the video. Write a four to five (4-5) page report that answers the following: 1. Betty drove three hours in one-hundred degree heat. Explain if this fact has any bearing on whether or not the dealer must perform in accordance with the published advertisement. 2. When Tony said over the phone “three thousand dollars firm,” explain whether or not he was making an offer that, if accepted, would bind the dealership in contract. 3. Explain whether or not advertized specials can be taken advantage of by employees of the advertiser. 4. Explain to what extent an advertisement binds the advertiser to the terms of the advertisement. 5. Explain to what extent an advertisement has to be true. The format of the report is to be as follows:o Typed, double spaced, Times New Roman font (size 12), one inch margins on all sides, APA format.o Type the question followed by your answer to the question.o In addition to the four to five (4-5) pages required, a title page is to be included. The title page is to contain the title of the assignment, your name, the instructor’s name, the course title, and the date. NOTE: You will be graded on the quality of your answers, the logic/organization of the report, your language skills, and your writing skills. | The assignment...
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...is that the sales representative spoke with Betty and did not tell her that there was only one truck at the advertised price. The sales representative also neglected to inform Betty that if the advertised vehicle was no longer available and she decided to choose another vehicle from the lot that the down payment could be more than the three thousand dollars he originally quoted her. Betty was lured into the “Bait and Switch” scam, which, as stated in the legal dictionary, is a deceptive sales technique that involves advertising a low-priced item to attract customers to a store, then persuading them to buy more expensive goods by failing to have a sufficient supply of the advertised item on hand or by disparaging its quality. Bait and Switch advertising is a violation of consumer laws and will allow a party to sue for damages if they are indeed a victim of bait and switch. In Betty’s case, she should have been able to get a vehicle for the price advertised and with the three thousand dollars down payment that was quoted to her by the sales representative. Bait and Switch 2. When Tony said over the phone “three thousand dollars firm, “ explain whether or not he was making an offer that, if accepted, would bind the dealership in contract. When Tony said over the phone “three thousand dollars firm, “ he was not binding the dealership in contract if the offer was accepted, at least not verbally. In order for the deal to be legal and binding, a contract would...
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...Bait and Switch Dawn L. Barnes Dr. Augustine Weekley LEG500 Law, Ethics, and Corporate Governance November 27, 2011 1. Does the fact that Betty drove three hours in one-hundred-degree heat have any bearing on whether or not the dealer must perform in accordance with the published advertisement? “The First Amendment grants everyone the right to free speech, but sometimes questions arise about how this right should be interpreted, especially since the advent of the Internet”(www.degreedirectory.org). Advertising and marketing are tools used to entice and attract customers to your product. Creative and massive marketing will usually peak the interest of individuals to have an interest in your product or service. Advertising is a form of communication used to persuade an audience (viewers, readers or listeners) to take some action with respect to products, ideas, or services. Most commonly, the desired result is to drive consumer behavior with respect to a commercial offering, although political and ideological advertising is also common.(en.wikipedia.com) The car dealer should uphold the advertisement of the truck as listed in the paper. The newspaper ad was a ad targeted at individuals who may be interested in purchasing a affordable car. However, the advertisement does not promise the viewer that the truck advertised will be available upon arrival to the car dealer. According to the video, the paper had in small print that there is only one truck at...
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...Bait and Switch Richard Sacks Strayer University LEG 500 – Law, Ethics, and Corporate Governance Professor: Dr. Michael T. Hanners [ November 4, 2010 ] Abstract This paper explores the relationship between the advertiser and the consumer as it relates to advertising and communications law and bait and switch. The publications all agree with their definitions and uses of advertising and communications law and bait and switch. The Advertiser is required to follow the advertising and communications law. Bait advertising is created to allure a consumer to an insincere offer to purchase a product or service which the advertiser does not intend to sell or want to sell. The purpose of bait advertising is to switch a consumer from buying the advertised product or service, in order to sell that consumer another product or service that usually is a higher price or is more advantageous to the advertiser. The scenario that has been presented, demonstrates how the advertiser, the car dealership advertised a truck that possible was unavailable, that resulted in alluring the consumer, Betty, to the dealership in order to purchase that vehicle. The switch occurs when Tony, the salesperson of the advertiser, tried everything not to sell her that truck in order to sell that consumer another product or service that usually is a higher price or is more advantageous to the advertiser. This is an ideal case of Bait and Switch. Betty drove three hours in one-hundred degree heat....
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...Bait and Switch LEG500: Law, Ethics, and Corporate Governance August 22, 2011 Abstract Bait and switch advertising is a violation of consumer laws. It is a type of business practice where one party such as a business, will offer “bait”. This tactic is used to lure the customer by advertising a product at a very low cost. Once the customer is interested, the business will pull the “switch” and the product is no longer available at the advertised price. Instead, the product is offered at a higher price. In the video, “Bait and Switch”, the newspaper ad advertising a pickup truck for an attractive price lured Betty to the dealership. Betty drove three hours to the car dealership to get three thousand for her used pickup truck and to purchase the pickup truck advertised in the ad. Betty was baited by the advertising for a product at a low price. Betty discovers that the pickup truck advertised in the newspaper ad is not available and is switched to a higher price product. Tony did not show Betty the advertised pickup but a more expensive truck. In this paper, one will discuss the rights that consumers such as Betty have when victimized by Bait and switch advertising. An individual will be able to discuss if the distance and temperature conditions are a factor in determining if the dealer must perform in accordance with the published advertisement. One will also be able to discuss the factors that dictate a...
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