I just updated some content on bait and switch advertising. Click here to review.
I litigated numerous cases this year on the bait and switch advertising. It was a case that I fought for over 2 years which was thrown out the trial court, for nap the Appellate Division and applied to the Supreme Court for review. Unfortunately, I was not successful in this case however, it was, in my opinion an issue which needed to the address. It dealt with dealership’s and the manufacturer advertising course which were not available for sale as they were already sold. My legal theory was that you cannot advertise a vehicle for sale if it was already sold. If he were advertising the vehicle which was already sold by very definition was bait and switch for false advertising and deceptive business practice.
In my opinion, the court did not address the key, relevant issues which were the defendant’s conduct. The court, at the trial level, held that the loss is hypothetical. The court at the appellate level held that the plaintiff did not establish a measurable loss as the plaintiff needed to prove that there was an offer to sell the car for a price over the advertised or offered price.
What would you do if you went to a dealership, was advertising the vehicle on the website. When you got there the fan app that the vehicle was never at the dealership were never available? Do you think you should be able to sue? If so what would your damages be under those set of facts? These are the types of questions that the court addressed in this case. If you would like to learn more about the case email me I would be happy to send you a copy of the complaint and the briefs