how to prove a bait and switch
bait and switch tactics are often considered to be a type of fraud and therefore is illegal bait and switch scams can fall under a number of violations from breach of contract to false advertising a bait and switch is also a potential violation of the consumer fraud and deceptive business practices act or section 5 of the ftc act ultimately the u s federal trade commission ftc is responsible for monitoring and enforcing laws that protect consumers from false advertising and fraudulent acts like bait and switch tactics however sellers can also minimize their exposure to such accusations by putting a legal disclaimer on their marketing materials proving a bait and switch case in court can be difficult and therefore it is often best to be vigilant as a consumer for instance to prosecute a false advertising claim there are five criteria that must be met under section 43 of the lanham act 3turbotax software maker intuit was fined 141 million in a settlement over bait and switch tactics related to its free to file tax service intuit was accused of misleading consumers into paying for online tax preparation services instead of using the company s free service offerings 4