...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...
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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” LEGAL 500 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 bias of advertising has existed as long as advertising has. Advertising is the art of applying bias to sell. It is the designed to make something attractive, to make something desired, or needed through the act of creating simple psychological games. The creation of fallacies to stimulate a sense of need is the very foundation of advertising. The pseudo logical appeal to emotion presented in such ads stimulates us to buy things like soft drinks, of which none admit to their product as being merely carbonated sugar water, in doing so they create an image, an image we are told is an ideal. (Cline 1) 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. Bait and switch advertising occurs when a particular item is priced so low that consumers are lured into the store to buy it. This is known as the bait. Once the customer tries to buy the advertised item, they are told that it is sold or they are discouraged from buying it by the...
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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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...| Assignment #4 – Bait and Switch | Angela | Law and Ethic in the Business Environment | | 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. The fact that Betty drove three hours to get to this particular dealer has no bearing on whether the dealership has to honor the published advertisement. However the dealerships ad was misleading. The advertisement was a major factor in Betty’s decision to endure the three hour drive. Just because Betty endured the difficult road trip, it does not obligate Rally Motors auto dealership to provide or accept Betty offer for the advertised truck. The dealership’s advertisement listed a particular vehicle in its ad for sale at a particular price. The ad was designed to get customers to come to the dealership in hopes of getting this deal and then sell the customer a different model at a higher price. This is a typical bait and switch advertisement, an attempt to lure customers in with a lucrative deal only to switch and offer a more expensive product in its place. This is a practice that is some dealership will use. The advertisement is not a binding offer to purchase the product in the ad. They are usually an offer to get customer to come in and see other products as well. In the case of the truck that was advertise the dealer listed the vehicle identification number for the truck that...
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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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...Assignment 4 Law, Ethics, and Corporate Governance (LEG 500) November 23, 2011 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. 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 statutes responsible of regulate advertisements are the Federal Trade Commission (FTC) and the Lanham Act, and these are the ones whose can determinate the issue whether the customer has the right to claim the published advertisement since the fact that she drove many hours in uncomfortable conditions to the dealer expecting to buy the product advertised. The FTC is in charge to protect consumers from false or misleading advertising. The Lanham Act is a series of laws regulating trademark registration and protection. In this case, the fact that Betty drove three hours in one-hundred degree heat is not regulate in the FTC neither in the Lanham Act, therefore, it has no relevance to the dealer. The dealers need not to take care about the difficulties the people face on reaching the venue given in the advertisement. The people who read the advertisement must make sure that the advertisement meets the requirements that they are interested in. Whenever an advertisement is published, numerous people may contact the advertiser. If the advertiser will start taking care of the sufferings and...
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...Module 2, Writing Assignment 2 Essay Questions 1. Why is it helpful to have a topology of corporate crime, what are the main criteria used, and which criteria do you think are the most significant? A topology of corporate crime can be extremely helpful in recording data for evaluation. The separate concepts and dimensions of each topology can narrow an inquiry to a very particular subset of activities, victims and practices. A database search on more information of topologies within this subset of White Collar Crime yielded very few results. The author examines this from two broad categories. accounting for several factors within criminology or social science to allow a better study of the topic, in a more narrow scope. From these typologies, we can also draw numerous scientific values. The author uses the type of activity to study an area. The other typologies include, victims, such as the general public, consumers and employees. Another typology is the size of entity, such as the crime of a major domestic corporation. Thirdly, the product or service involved is another topology. Finally, the nature of the harmful activity. I believe the victim and type of activity are the most significant, because you will most likely have the most data to draw from. Victims will almost definitely report their loss if they suspect foul play; all the while the type of activity will be reported or derived from the victims report. These areas, in my mind, hold for quantitative data...
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...identification and prosecution of persons who commit such crimes; and to prevent the destruction of vital records at this credit union’s main office and each branch office. Approval by Board of Directors The Board of Directors at its regular meeting on _______________ adopted this program, and it was entered into the minutes of that meeting. Program Administration 1. Initial development of a written security program and subsequent modification of such security program as circumstances or revised federal regulations may require. 2. Implementation of security procedures and internal controls prescribed by the security program. 3. Selection, testing, maintenance and operation of security devices prescribed by the security program. 4. Protection of vital records at each credit union office. 5. Provision for the initial and periodic training of employees in their responsibilities under the security program, and in proper employee conduct during and after a robbery, burglary or larceny. 6. Monitoring the effectiveness of the security program at each credit union office and conducting periodic security audits at each office. 7. Consultation with local law enforcement agencies to develop coordinated robbery and burglar alarm response plans for each credit union office. There will be an annual review by the Board of Directors on the implementation, administration and effectiveness of the security program at each credit union...
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...ASSIGNMENTS FOR MARKETING PRINCIPLES Assignment #1 – An Introduction to Marketing Read chapter 1. Be prepared to answer the following questions if called on. 1. What is marketing? 2. What is a market? 3. Define the terms ultimate consumers and organizational buyers. Give examples of each. 4. What is a target market? Why do most organizations focus on satisfying the needs of one or more subgroups of a market rather than the entire market? 5. What are the four controllable marketing mix factors that make up the organization’s marketing program? 6. What are uncontrollable environmental factors? 7. Identify and describe the four distinct stages or eras of the market orientation. 8. Is marketing good or bad for a society. Support your answer. Find an article that supports your argument and attach a copy. Be prepared to discuss your article in class. Consider a society with no marketing. Assignment #2 – Strategic Planning and the Strategic Marketing Process Read chapter 2. Be prepared to answer the following questions if called on. 1. What is strategic planning and why is it important? 2. Identify and define the three organizational levels. 3. What is a mission statement? 4. What are organizational objectives (goals)? Give some examples of different types of objectives (goals) organizations might pursue. 5. What are organizational strategies? 6. What is business portfolio analysis? Draw an example of a growth-share...
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...Kassam Moez: Consulting Intern Table of Contents 1. Executive Summary 1 2. Problem Identification 2 2.1 Key Facts 2 2.2 Problem Statement 2 3. Analysis 2 4. Alternatives 4 4.1 Decision Criteria 4 4.2 Alternatives 4 5. Recommendation 5 6. Action plan 6 7. Annotated Bibliographies 7 1. Executive Summary Ebrahim El Kalza’s internship at Matthews Management Consulting has taken a turn for the worse. After initially being rejected for the Abu Dhabi assignment, he found his way onto the team after inception, to assist with client interviews. However, being unprepared for the intensity of it all, has his head spinning. Despite exerting a great deal of effort, his work is constantly being criticized, and he can’t seem to get on the same page as his supervisor (Sherif Mahfouz), leaving him to wonder how he can salvage something positive during his remaining days in Abu Dhabi, and secure a job offer. Mahfouz is charged with growing the Middle Eastern business; his success is tied to the existing engagement, and he is somewhat dependent on El Kalza to support his efforts. At the heart of the problem is ineffective communication, which has led to interpersonal conflict between them. Their poor communication perpetuates the perception of conflict, further eroding the relationship, and jeopardizing the mutual goal of successfully completing the project, which will negatively impact their individual goals. In order to resolve this problem...
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...A Manager’s Handbook: “All people, regardless of race, religion or culture, harmoniously living and working together into the future” Contents Introduction to Law and Business Ethics and Social Responsibility 3 Legal Dispute Resolution Process and Alternative Dispute Resolution Mechanisms 4 Business and the Constitution and Administrative Law 5 Business Crimes, Business Torts, and Product Liability 6 Contracts 7 Business Structure and Securities Regulation 8 Business Property and Antitrust Law 9 Employment Law 10 Introduction to Law and Business Ethics and Social Responsibility Include in this section information from Assignment 1.2. BP Oil, crisis in the Gulf The careless and unethical approach that BP Oil practices when drilling for oil, led to one of the largest man-made disaster in history. The Gulf of Mexico has had devastating results due to BP’s lack of action in regards to emergency protocol. Though the spill has since been capped and controlled, the aftermath isn’t going anywhere soon, with new problems emerging daily from the spill itself and from cleanup efforts as well. The extent of damage is numerous, and will cost BP millions of not billions in awards from the many law suits that stand, as well as ones pending. BP will never be able to fully restore or recover what once was. 27,000 workers are presently involved with cleanup efforts; Scientists from all fields are giving advice as well. A major cause for concern for...
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...INTRODUCTION TO ETHICS WHAT IS ETHICS Ethics is a major branch of philosophy, encompassing right conduct and good life. It is significantly broader than the common conception of analyzing right and wrong. A central aspect of ethics is "the good life", the life worth living or life that is simply satisfying, which is held by many philosophers to be more important than moral conduct. Simply put, ethics involves learning what is right or wrong, and then doing the right thing -- but "the right thing" is not nearly as straightforward as conveyed in a great deal of business ethics literature. Most ethical dilemmas in the workplace are not simply a matter of "Should Bob steal from Jack?" or "Should Jack lie to his boss?" (Many ethicists assert there's always a right thing to do based on moral principle, and others believe the right thing to do depends on the situation -- ultimately it's up to the individual.) Many philosophers consider ethics to be the "science of conduct." Philosophers have been discussing ethics for at least 2500 years, since the time of Socrates and Plato. Many ethicists consider emerging ethical beliefs to be "state of the art" legal matters, i.e., what becomes an ethical guideline today is often translated to a law, regulation or rule tomorrow. Values which guide how we ought to behave are considered moral values, e.g., values such as respect, honesty, fairness, responsibility, etc. Statements around how these values are applied are sometimes called moral or ethical...
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...WEEK 2 – The psychological core (I: Motivation, Ability, Opportunity) (II: Exposure, Attention, Perception) CHAPTER 2 - Motivation, Ability, Opportunity Motivation: an inner state of arousal that provides energy needed to achieve a goal Situational involvement: temporary interest Cognitive involvement: interest in thinking about and learning information Affective involvement: interest in expending emotional energy and evoking deep feelings about Objects of involvement - product categories - experiences - brands - ads - mediums - particular show in which ad is placed What affects motivation? Personal relevance: direct bearing on and significant implications for your life Consistency with self concept: our mental view of who we are. The way you think others view you Values: beliefs about what is right, important or good Needs: internal state of tension caused by disequilibrium from an ideal/desired physical or psychological state Goals: outcomes that we would like to achieve Perceived risk: the extent to which the consumer is uncertain about the consequences of an action Inconsistency with attitudes: extent to which new info is consistent with previously acquired knowledge or attitudes MASLOW’S HIERARCHY OF NEEDS GOALS A goal is a particular end state (outcome) that we would like to achieve (concrete or abstract) CONCRETE: specific to a given behaviour or action & determined by situation ABSTRACT: e.g. to be a good student ...
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