contract-law consumer-protection tort false-advertising
Bait and switch - written vs oral obligation
<p>A company is advertising a sale stating that I will receive a discount site wide for 50% off. A hyperlink to the sale clearly shows the sale applies to all available products, further in each one of those products available durations (ex. 1,3 and annual). Finally, by clicking on a link I can take advantage of that sale as advertised (vs having to call and talk to someone). After the purchase, I have access to the product, I receive a receipt and other information clearly showing the sale is valid and final.</p>
<p>That being said... I call the same company prior to purchasing the product via the advertised sale link. A representative from that company verbally states the sale is really only available annually and not any other time frame (I'm not sure if it matters but he did not ask me to not purchase because of the error).</p>
<p>The call ends, and I go ahead and purchase the product using the sale price (I took screenshots of the advertisement and the company's website showing the sale).</p>
<p>He calls me the next day and said that the purchase was done behind his back and that he told me it was only available annually. Therefore the advertised terms are not valid and his statement is.</p>
<p>Am I wrong or is what he saying will hold water? Can they just change their mind (I can't find any disclaimers) From what I've described is all of this bordering on false advertising?</p>
<p>I'm doing research to find a case as well. If someone has a case similar please let me know.</p>
<p>PS We are in different states.</p>

<h2>Do you have a contract?</h2>
<p>It depends on the website’s terms but almost certainly not.</p>
<p>It is standard practice in e-commerce terms and conditions that your selecting “buy” and giving the vendor money does not create a contract; you are merely making an offer that the vendor can accept or reject. For example, Amazon’s terms are clear that the contract only comes into existence when they dispatch the goods, until then they are free to cancel your order and return your money.</p>
<p>Here the vendor rejected the offer.</p>
<h2>Is this false advertising?</h2>
<p>Maybe.</p>
<p>It would depend on the specifics of the ad and whether, overall, a reasonable person would be mislead or deceived. It’s possible you misunderstood but that doesn’t necessarily make it misleading or deceptive. I misunderstand a lot of things; that doesn’t mean they were objectively misleading or deceptive.</p>
<p>Notwithstanding, a business does not have to make good on false advertising. An incorrect advertised price does not force the business to anccept offers of that price. It may force a correction and may require the item to not be sold until the price is corrected and it may expose the business to fines, but it does not give anyone the right to buy at that price.</p>
