Jump to content

Bait-and-switch

From Consumer Rights Wiki

Bait-and-switch is the action of advertising goods that are an apparent bargain, with the intention of substituting inferior or more expensive goods.[1] The measures against this practice depend greatly upon the consumer laws in each country, but it is usually considered under unfair and deceptive transactions.

Legality

[edit | edit source]

In the United States, the Federal Trade Commission (FTC) has issued a Notice that it has determined that bait and switch sales practices are unfair or deceptive trade practices, and violate the FTC Act.[2][3] And in December 2024, the Commission announced a "Bipartisan Rule Banning Junk Ticket and Hotel Fees", in an effort to end the hidden fees when buying tickets or accomodation:[4]

"The Junk Fees Rule will ensure that pricing information is presented in a timely, transparent, and truthful way to consumers of live-event tickets and short-term lodging, two industries whose pricing practices the Commission has studied in particular. Consumers searching for hotels or vacation rentals or seats at a show or sporting event will no longer be surprised by a pile of “resort,” “convenience,” or “service” fees inflating the advertised price. By requiring up-front disclosure of total price including fees, the rule will make comparison shopping easier, resulting in savings for consumers and leveling the competitive playing field." FTC, Press Release. December 17, 2024

The aim of this rule is to force companies and sellers of these goods to be more transparent.

Recent cases

[edit | edit source]
  • FTC Sends More Than $1.1 Million in Refunds to Consumers Deceived by Bait-and-Switch Ads for LASIK Vision Correction Procedures.[5]

Historical cases

[edit | edit source]

Android smartphone manufacturers used initial respect to user freedom to gain market share. For example user-replaceable batteries. After they gained enough market share, they switched to non-replaceable batteries.[6]

Android used to be a freedom-respecting operating system. That changed when Google added restrictions over time that the user could not opt out of without extreme measures like bootloader unlocking and root access, including MicroSD writing restrictions in Android 4.4 and USB on-the-go media restrictions in Android 6.0, breaking compatibility for applications created over years.[7] The most severe restriction so far is the planned Android Developer Verification program, making it impossible to run software by developers not personally identified and approved by Google without taking extreme measures like bootloader unlocking, rooting, and potentially flashing an alternative operating system. It can be safely assumed that Android would never have gained their user base, had these restrictions been in place since the beginning.

Reddit added a paywall to their API in 2023 after it was free of charge for many years. This change rendered third-party clients like "Apollo" unuseable and made archiving the history of Reddit far more difficult (more details).

See also

[edit | edit source]

References

[edit | edit source]
  1. "bait-and-switch". Cambridge Dictionary. Archived from the original on 17 Oct 2025. Retrieved 14 Apr 2025.
  2. "Penalty Offenses Concerning Bait & Switch". FTC. Archived from the original on 6 Feb 2026. Retrieved 14 Apr 2025.
  3. "SYNOPSIS OF FEDERAL TRADE COMMISSION DECISIONS CONCERNING "BAIT AND SWITCH" SALES PRACTICES" (PDF). FTC. Archived (PDF) from the original on 12 Apr 2025. Retrieved 14 Apr 2025.
  4. "Federal Trade Commission Announces Bipartisan Rule Banning Junk Ticket and Hotel Fees". FTC. 17 Dec 2024. Archived from the original on 9 Apr 2025. Retrieved 14 Apr 2025.
  5. "FTC Sends More Than $1.1 Million in Refunds to Consumers Deceived by Bait-and-Switch Ads for LASIK Vision Correction Procedures". FTC. 3 Oct 2024. Archived from the original on 3 Feb 2026. Retrieved 14 Apr 2025.
  6. Louis Rossmann. "EU votes to mandate removable batteries in smartphones in a landslide; no more glued together junk!". YouTube. Archived from the original on 21 Feb 2026. Retrieved 21 Feb 2026.
  7. Traditional storage | Android Open Source Project