Are there any rules regarding the use of “bait and switch” advertising?
In Texas, the use of “bait and switch” advertising is prohibited. This type of advertising promises a product or service at an attractive price, but then fails to deliver it or provide a different product or service at a higher price. The Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) outlaws this type of conduct. Under the DTPA, businesses in Texas are prohibited from failing to deliver a product or service they promised or providing a different one at a higher cost. The act also requires businesses to clearly state when products or services have limited availability and to provide customers with accurate information about available products or services and their costs. Businesses are also prohibited from making false statements about a product or service in order to persuade a consumer to buy or use it. The Texas Advertising Law also forbids “bait and switch” advertising. The law states that businesses are prohibited from offering a product or service to the public for an advertised price but then fail to make that product or service available. They are also prohibited from offering a product or service at an advertised price with the intention of later charging a higher price. Any person or business found to be in violation of the Texas Advertising Law may be subjected to fines and other penalties. Businesses may be prohibited from continuing to advertise and may even be required to make restitution to consumers who have been harmed by deceptive practices.
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