QUESTION

Is bait and switch legal? For example, free vacation offers, no obligation, but when you arrive there is a mandatory 90 minute seminar to sit through.

Asked on Jan 13th, 2012 on Business Law - Florida
More details to this question:
A company called claiming I had won a pick in a drawing for a free prize. When I arrived, it was the classic vacation company trying to sell a vacation package, requiring you to sit through a mandatory 90 minute presentation before the drawing, which was actually a scratch off card for, you guessed it, a free vacation. If this had not been disclosed on the initial phone and was not made apparent until the meeting began, is that bait and switch. Would I have a case for such a situation?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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There is probably an unfair trade practice in this fact pattern. The more difficult question is how you monetize it. It doesn't seem likely that you suffered any meaningful harm. The civil legal system exists primarily for the purpose of compensating injured victims by the amount of monetary harm they have suffered, not for the purpose of punishing wrongdoers. I don't see the business opportunity for you here.
Answered on Jan 14th, 2012 at 11:26 AM

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