FALSE ADVERTISING

I . Bait and Switch

Bait and switch advertising is the offering of certain products or services at bargain prices with no intention of selling them as advertised. The real purpose of the bait and switch scheme is to lure consumers into a business establishment with attractive offers and then sell them other more expensive products. To accomplish this, bait and switch sellers disparage the quality of the advertised "specials" or belittle the guarantees, availability of service, or the credit terms related to the product or services offered. In some cases the advertised specials won't even be available for sale or salespersons will refuse to show them to interested consumers. Some bait and switch sellers have been known to go as far as to penalize salespersons who actually sell the advertised specials to consumers.

2. False Price Comparison

Legitimate advertisers often compare a sale price to a "regular" price. Unscrupulous advertisers use falsely inflated "regular" prices in order to deceive consumers into thinking that they are getting a bargain. There have been cases where a retail sales establishment has raised the regular price of a product and advertised it as on sale at the new higher price.

3. Going Out of Business Sales

Some retail sales establishments falsely advertise that they are going out of business to deceive consumers into thinking they will be able to buy products at considerable savings. Such false sales are advertised as: "bankruptcy sales," "lost our lease," building coming down," "forced out of business," "final days," "liquidation sales," "fire sales," "quitting business," or similar names. In most cases, businesses wanting to advertise going out of business sales must first obtain a permit from the sheriff or the city in which the business is located, and the permit must be prominently displayed near the entrance to the premises. The advertisements announcing such a sale must display the permit number.

4. Buy One Get One Free

In many cases, when this offer is made in an advertisement, the price of the product you pay for is inflated to cover the cost of the "free" product. In other cases, the "free" product is of low quality.

5. Misrepresentations

Unscrupulous advertisers often intentionally misrepresent the characteristics, origin, uses, benefits, or qualities of products offered for sale. Used cars are advertised as "one owner" cars when they have had several owners; "late model" TV sets turn out to be 10 years old; watches are advertised as "railroad watches" when they are in fact ordinary watches of relatively low quality; "Maine lobsters" may actually have been fished from the waters of the Pacific Ocean; and medicinal preparations which are supposed to cure specific illnesses may have little or no therapeutic effectiveness.

DO'S AND DON'TS

• Do shop around to make your own price comparisons
• Do whenever possible check out all advertising claims before making purchases
• Do ask for a "rain check" when advertised products are not available for sale
• Do ask to see a permit for a going-out-of business sale before buying at such sales
• Do be on your guard when you see advertisements offering anything "free"
• Don't allow yourself to be "switched" from a low-priced "bait" product to a more expensive alternative
• Do report all cases of false advertising to the Department of Consumer Affairs
  

AUTOMOBILE REPAIR FRAUD

The National Highway Traffic Safety Administration estimated in 1978 that consumers lose about $20 billion annually in faulty or unnecessary auto repairs and unanticipated repair costs. Testimony before a Congressional Committee in 1977 asserted that auto repair complaints constitute the largest single group of consumer complaints in our country. A recent undercover auto repair fraud investigation conducted by the Pinellas County Department of Consumer Affairs and the State Attorney's Consumer Fraud Division revealed that most of Pinellas County's repair shops are honest. However, several dishonest auto mechanics were caught and charged with fraud. The average consumer is not a mechanic, and it is often a very easy task for an unethical auto mechanic to convince the owner of a malfunctioning motor vehicle that unneeded repairs are necessary to correct a problem. Unfortunately, this is also an area where consumer protection agencies have a very difficult time proving fraud after repairs have already been made.

1. The Five-O-'Clock Surprise

Consumers who do not get a written estimate are often surprised by unanticipated repair charges when they pick up their cars. Repair shops that practice the "Five O'clock Surprise" give very moderate quotes and then raise the final charges considerably, claiming that they found additional problems once they began to work on the car.

2. Maintenance

Some repair shops advertise check-ups or preventive maintenance service for very reasonable rates. Unethical shops use these maintenance specials to deceive consumers into authorizing expensive, and often unneeded, repairs.

3. Highway Bandits

These highway bandits or "50 percenters" operate in service stations along major highways, where they prey on motorists stopping for gasoline. They often spray oil on the wheels of the car and then claim that the wheel bearings or other parts are leaking. They sometimes puncture tires or cut water hoses and then show the unfortunate motorists the damages. These bandits emphasize the danger of driving away without having repairs made or tires replaced, and they charge highly inflated prices.

4. Misrepresentation of Need for Repairs

The complexity of the modern automobile is such that expert mechanics may disagree as to what repairs are necessary to correct a problem. It is, therefore, quite easy for an unethical auto mechanic to deceive the average consumer.

DO'S AND DON'TS FOR AUTO REPAIRS

• Do check a repair shop out with the Better Business Bureau before taking your car there
• Do ask for a written-estimate before authorizing repairs
• Do get several estimates from different repair shops for major repair jobs NOTE: YOU MAY HAVE TO PAY FOR THE ESTIMATES, SO FIRST DETERMINE HOW MUCH
• Do ask if repairs are guaranteed and get all guarantees in writing
• Do look for a repair shop that has certified mechanics
• Don't forget to ask for old replaced parts
• Don't tell a repair shop what repairs they should do unless you are absolutely sure that the repairs are needed

If you believe that you have been cheated or if repairs do not correct the problem and the repair shop will not let you have your car until you pay, you can obtain release of your car by posting a bond with the Clerk of the Circuit Court (see Part VIII, Chapter 559, Florida Statutes)