Have you noticed an increase in bait and switch marketing practices or false advertising?

Before proceeding further with this discussion we need to first understand the definition of “bait and switch” or “false and misleading” in terms of retail practices. Under the Competition Act by the Government of Canada, retailers are prohibited from advertising products at bargain prices that they do not have available in reasonable quantities. You are attracted to a store by an advertisement for a bargain-priced product. Once inside, you discover that the product that was advertised, the "bait," is sold out or otherwise not available. The switch occurs when a salesperson pressures you into purchasing a higher priced item as a replacement, or if you find yourself induced to make other purchases while inside the store. In both cases, the retailer successfully captures your shopping dollars by luring you to the store with an advertised bargain that was never intended to be made available in reasonable quantities.

On the other hand false or misleading representations and deceptive marketing practices provisions of the Competition Act contain a general prohibition against all materially false or misleading representations.

So have I noticed an increase in bait and switch marketing or false advertising practices?

I think I have. Over the last few months especially I have noticed stores advertising significant discounts and sales only to find that the sale is limited and not on the items advertised. As an example I recently went into Madison Shoes (owned by Nine West part of the Jones Group Inc) at the new Shops at Don Mills. Immediately in front of the doors as you enter the store is a display of winter boots with 3 large signs saying “take an additional 25% off the already reduced price”. In small print at the bottom of the sign read “selected styles”. As it turns out none of the boots on this display qualified for “selected styles”. Instead, the salesperson pointed out that the offer referred to a display of boots to one side of the store. These boots were not the stores prime sellers while the ones on display were.

It is not wrong to advertise a sale, it is wrong to imply that the sale is for specific merchandise when it is not. Is this false and misleading, I think definitely. Will I shop at the store again, not quickly. Do we, the consumer, have the ability and power to affect change? Yes, if we strongly recommend to retailers that we will not frequent their businesses if they participate in such practices. We have the power to take our dollars elsewhere.