Give me your full name! It's the law!

[Gfactor]

@Analogue Skywalker

A bait and switch is a form of fraud in which the fraudster lures in customers by advertising a good at an unprofitably low price, then reveals to potential customers that the advertised good is not available but that a substitute good is
This could be percieved as a bait and switch, and courts have ruled to sue.

Bait and switch is when you publish an advertisement for something that you don’t intend to sell. Here the product just costs more than the customer thought because it was put back on the wrong shelf. The merchant intends to sell it at the correct price. Under some circumstances mispriced items can still be a problem, but bait and switch isn’t what it is called:

Sec. 238.0 Bait advertising defined.1

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 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.

(Emphasis added.) http://www.ftc.gov/bcp/guides/baitads-gd.htm

[Gary_T]

@Hampshire

“You gave me a raincheck for the $500 laptop. Now your telling me that they aren’t shipping anymore of that model. You must substitute the $1000 model in it’s place. It’s the law.”

@Analogue Skywalker

A bait and switch is a form of fraud in which the fraudster lures in customers by advertising a good at an unprofitably low price, then reveals to potential customers that the advertised good is not available but that a substitute good is.

This could be percieved as a bait and switch, and courts have ruled to sue.

The point in Hampshire’s example is the customer asserting that an item at twice the value “must” be substituted. No. A store would be wise to, and may be legally required to, offer an equivalent item at the advertised price, but the customer is not entitled to demand an upgrade of that magnitude.

[Risha]

@Martiju

And maybe slightly different from described, but over here goods priced wrongly - or at least where there is no indication that they are a different price to as displayed (eg. 12 identical radios on a shelf that say $100 underneath) are to be sold at the advertised price.

I don’t believe that to be the case is the U.S. I’m not a lawyer, but I definitely recall one of the examples from my business law course covered a similar situation. A newspaper ad had a misprint that far understated the cost of a sewing machine. The customer that they refused to sell it to at that price sued them. The ruling was that an advertised price is an invitation to buy, not a contract, so the shop could refuse to sell to that person.

[Gfactor]

@Risha

The ruling was that an advertised price is an invitation to buy, not a contract, so the shop could refuse to sell to that person.

It’s an invitation to make an offer at the advertised price. When the customer shows up and tenders the purchase price, the merchant can refuse the offer. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mo&vol=/appeals/012001/&invol=8013001_2001 This rule has been modified by statute and caselaw in some jurisdictions. *E.g., * http://www.consumer.state.ny.us/clahm/clahm-falseadvertising.htm#Deceptive%20Business%20Practices

Mistakes in price advertising are generally forgiven.

13. If a store says there was a price mistake in an ad, do they still have to sell the advertised item at the advertised price?

Not necessarily. Mistakes can happen, and advertisements have usually been viewed by the Courts as mere offers to deal, not creating any binding obligation on the part of the merchant. If there has been a mistake, the merchant should take prompt action to correct it, for instance, by placing a correction ad in the newspaper and posting a sign in the store.

However, it often pays to speak up and let the merchant know you’re unhappy. Many merchants are sufficiently concerned about customer relations to make an adjustment for a customer who has been inconvenienced because of a mistake.

If a particular merchant makes repeated “mistakes” in advertising, it may be a matter for OCP to investigate. Too many “mistakes” might add up to a deceptive trade practice.

http://www.montgomerycountymd.gov/ocptmpl.asp?url=/content/ocp/consumer/freq_ask_quest.asp#thirteen

[Dr_Paprika]

Sigh. I work in a busy emergency department. Some people can be remarkably self-absorbed and will complain and threaten to call their lawyers over the most minimal perceived slight. I have seen people walk into a “code blue” demanding a glass of water right now. I have seen people swear at the staff about having to wait five minutes since their spouse had ear infection pain for the last thirty minutes. The vast majority of people are patient, and the most of complaints are fairly trivial. But I have been in your situation a few times. My name is written on their chart and on their armband and I don’t mind giving them my name, but I won’t tell them those of other emergency staff.

[Little_Nemo]

Like Hypno-Toad, I’m a government employee and I am required to give my name to people if they ask. But I doubt very much there’s any law in this country requiring private citizens, like the employees of a vet clinic, to do the same.

[Martini_Enfield]

The correct response to a demand for your name is:

“I am Sancho”.

If the customer demands a last name, you should look confused and hurt, and tell them:

“I am Sancho. Are you Sancho? No, you are not Sancho. There are many Toms, and many Geoffs in the world, but only I… am Sancho.”

As for the price thing- most price tags (on shelves) here have an item description on them for that very reason. If a Widget is accidentally put back on the shelf in the space for a Thingy (and the Thingy price ticket clearly identifies it as a Thingy), then the store doesn’t have to sell it at that price.

However, if an UltraWidget is accidentally put back on the shelf in the place for a SuperWidget (ie, the two items are similar and it’s reasonable someone might think that was the price), then the store will generally sell it at the lower price.

Hampshire, have you discovered that 90% of people who want to Talk To The Manager usually want something that any other staff member could have taken care of for them? I’ve just taken over the Assistant Manager’s role at work and that’s certainly been my experience thus far…