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Advertising & Communication Law: Bait and Switch Assignment 4

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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. The dealership only cast a wide net over the area in the form of its advertising. It is commonly accepted that the dealership was advertising to the masses. The dealership may have had a target market segment in mind, but it would be in no one’s expectations for a specific advertisement to reach one particular person.

Likewise, it would not be reasonable to expect the dealer to hold a particular car for a person that was subject to some type of hardship to take advantage of a sale. The dealership, or any retail organization, should sell on a first-come first-served basis. Generally speaking, unless there was some type of verbal agreement made over the phone the first customer with the means to pay for an item should be the one to purchase it. It is unfortunate that Betty drove for as long as she did in less than ideal conditions. It is also unfortunate that Betty was unaware that there was a limited number of that particular vehicle. As the video continues, there is a car salesman unable to make the sale and a potential customer that is none too happy.

The sales tactic that Tony was using with Betty had the makings of a bait and switch. This bait and switch sales strategy is used often by car dealerships. Philip Reed of Edmunds.com is familiar with the bait and switch. In 2002, he interviewed a panel of car dealership insiders to find out more about how prevalent this tactic is in the car business. He found that what dealerships do is select the cheapest and the most stripped-down version of a model. That's the car they advertise. Then they calculate the payments with the assumption that people have an

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