Bait and Switch Scheme

PURPOSE: The attorney general administers and enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo (1986). This rule specifies acts and practices that are deemed to be violative of section 407.020, RSMo (1986). (1) A seller shall not— (A) Employ any bait and switch scheme; (B) Publish any advertisement unless it is a bona fide offer to sell the advertised product; or (C) Use any advertising that creates a false impression about the product being offered in order to lay the foundation for a later switch to another product. (2) The following factors, without limitation because of enumeration, may be considered in determining the existence of a bait and switch scheme: (A) Refusing to show or demonstrate the advertised product; (B) Disparaging the advertised product, its warranty, availability, services and parts, credit terms, etc.; (C) Refusing to take orders for the advertised product or to deliver it within a reasonable time; (D) Demonstrating or showing a defective sample of the advertised product; (E) Having a sales compensation plan designed to penalize salespersons who sell the advertised product; or (F) Having a display plan designed to draw attention away from the advertised product to another product. AUTHORITY: sections 407.020, 407.145 and 570.170, RSMo 1986.* Original rule filed June 25, 1990, effective Nov. 30, 1990. *Original authority: 407.020, RSMo 1967, amended 1973, 1985, 1986; 407.145, RSMo 1986; and 570.170, RSMo 1977.