just wanted to post my experiences discussing bait and switch with one store manager.
I had printouts from compusa.com that showed within the course of 3 days or so during the sale that the items went from 'coming soon' to 'sold out' to 'web only' - he took a hard line on the fact that the web site is run as a 'separate affiliate' and that he's only responsible for his own store and had no obligations based on the website. I brought up the fact that I could check to see the status of stock for items in *his store* through the web and it showed 'out of stock', not coming soon or not released.
At this point he actually went over to his pc and pulled up the PNY website, and argued that it said the 6800's were 'coming soon' there. I was pretty shocked to see this -- the guy won't even talk about what the compusa website shows but he'll go to PNYs website and use that to back himself up? Anyway, didn't know what to say to that so I just got the GMs phone number and figure I'll talk to him today or tomorrow.
I'm no expert on the NJ consumer protection laws but I think this warrants the effort of making a complaint to the consumer protection agency if the GM or DM can't resolve this for me.
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1. The failure of an advertiser to maintain and offer for immediate purchase advertised merchandise in a quantity sufficient to meet reasonably anticipated consumer demand therefor. When an advertisement states a specific period of time during which merchandise will be available for sale, a sufficient quantity of such merchandise shall be made available to meet reasonably anticipated consumer demand during the stated period. When no stated period appears in the advertisement, a sufficient quantity of merchandise shall be made available to meet reasonably anticipated consumer demand during three consecutive business days commencing with the effective date of the advertisement. The requirement of this subsection shall not be applicable to merchandise which is advertised:
i. On an in-store sign only with no corresponding out-of-store sign;
ii. As being available in a specific quantity; or
iii. As being available in a "limited supply," pursuant to a "closeout sale" or pursuant to a "clearance sale" if such offering meets the definition of a closeout sale; or if represented to be permanently reduced.
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2. The failure of an advertiser to specifically designate within an advertisement which merchandise items possess special or limiting factors relating to price, quality, condition or availability. By way of illustration, and not by limitation, the following shall be deemed violative of this subparagraph:
i. The failure to specifically designate which merchandise items are below cost, if any amount less than all advertised items are below cost, when a statement of below cost sales is set forth in an advertisement;
ii. The failure to specifically designate which merchandise items, if any, are damaged or in any way less than first quality condition;
iii. The failure to specifically designate merchandise as floor models, discontinued models or one of a kind, when applicable;
iv. The failure to clearly designate or describe the retail outlets at which advertised merchandise will or will not be available. Such information need not be disclosed on any in-store advertisement.
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iii. Offer a raincheck to all customers who are unable, due to the unavailability thereof, to purchase the advertised merchandise during the period of time during which the merchandise has been advertised as available for sale.
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9. The making of false or misleading representations of facts concerning the reasons for, existence or amounts of price reductions, the nature of an offering or the quantity of advertised merchandise available for sale.
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...and the best part of the whole thing, the compusa business sales rep that I had spoken with at one point about the card called to ask if he could have a contact number for someone that does IT purchasing at my firm -- lets just say I was as cooperative as they have been with me on this card. Bait and switchers get no business from me!