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Bait and switch is an advertising tactic in which a seller promotes an offer without a genuine intention to sell it, then uses the customer’s interest to steer them toward a different or more expensive purchase. A product becoming unavailable is not automatically bait and switch; the seller’s original intent and conduct matter.
What is bait and switch?
The advertised offer is the “bait”: it attracts a prospective customer. The “switch” occurs when the seller discourages buying that offer and tries to direct the customer to another product or a higher-priced option.
The Federal Trade Commission (FTC) summarizes the practice as “the advertising of a product without the bona fide intention to sell it, for the purpose of establishing contact with a prospective customer in order to induce or ‘switch’ him to purchase another product.” The wording appears in the FTC’s Synopsis of Federal Trade Commission Decisions Concerning “Bait and Switch” Sales Practices, a transcript created April 7, 2022, summarizing older Commission decisions from 1955 through 1975. It is an agency summary of those decisions, not a new regulation.
What are examples of bait and switch?
FTC decisions identify conduct that can indicate a seller is trying to move customers away from the advertised item:
- Refusing to show or sell the advertised product.
- Claiming that it is unavailable, or not having a reasonable quantity available.
- Disparaging the advertised item to induce the customer to choose another.
- Refusing or failing to fulfill an order within a reasonable time.
These are possible indicators, not proof on their own. For example, an item may genuinely sell out or become unavailable. The key question is whether the seller had a bona fide offer and used its conduct to discourage that advertised sale.
Is bait and switch illegal in the United States?
The FTC’s historical synopsis describes bait-and-switch practices as an unfair or deceptive trade practice under Section 5(a)(1) of the FTC Act. More broadly, the FTC says advertising must be truthful and non-deceptive, claims must be substantiated, and ads cannot be unfair. Its advertising guide explains that an ad may be deceptive if a representation or omission is likely to mislead reasonable consumers in the circumstances and is material to a purchasing decision. That analysis considers the ad as a whole, including implied claims and omissions.
State consumer-protection laws also govern advertising, and their application and available remedies can differ. Whether a particular transaction violates the law depends on its facts and the applicable jurisdiction; the general definition alone cannot determine the outcome.
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A separate, narrower rule addresses pricing in two sectors. The FTC’s Rule on Unfair or Deceptive Fees, 16 C.F.R. Part 464, took effect May 12, 2025, and applies to live-event tickets and short-term lodging. It prohibits bait-and-switch pricing and tactics that obscure or misrepresent total prices and fees. In general, mandatory fees must be included in the displayed total price, which must be clear and prominent.
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This rule does not establish a total-price requirement for every seller or industry. In the FTC rulemaking record published in the Federal Register, the agency explained that disclosing the true total later may not cure an initially deceptive contact about price. That point concerns deceptive pricing; it should not be read as a universal rule for every kind of advertising.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How can you assess a suspected bait-and-switch offer?
Separate what happened from what would need to be established legally. Useful questions include:
- What was advertised? Keep the original ad, including its price, terms, date, and any qualifications.
- Could the seller actually provide it? Note whether the seller showed or offered the advertised item, accepted an order, or claimed it was unavailable.
- What did the seller do next? Record whether the seller discouraged the advertised purchase or pressed you toward a substitute or more expensive option.
- Did the displayed price omit mandatory fees? The FTC’s specific total-price rule applies to live-event tickets and short-term lodging; other advertising issues depend on the circumstances and applicable law.
- Where did the transaction occur? State consumer-protection rules may affect how the facts are evaluated.
Save receipts, order confirmations, messages, and screenshots while they are available. These records can help explain the sequence of events, but they do not by themselves establish that a law was violated. The FTC also explains that receiving a penalty-offense notice does not mean the agency suspects the recipient of a violation; the notice concerns practices the Commission has previously determined to be unfair or deceptive. The agency says companies that receive a notice and nevertheless engage in prohibited conduct can face civil penalties. Because penalty maximums change with annual inflation adjustments, a fixed amount should not be assumed.
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