Marketers need to have a keen awareness when it comes to what the consumer may perceive as unfair and deceptive advertising. One practice of such unfair and deceptive advertising is referred to as bait advertising.
Bait advertising lures in the consumer by offering to sell a product or service in which the advertiser does not have the intention of actually selling. The advertiser in fact hopes to change the consumer's mind from buying the advertised merchandise into buying something else which will better benefit the marketer.
One important part of the law includes marketers advertising a product and then not having that product readily available to the consumer. Marketers need to be extremely careful that the advertising done for the product will allow consumers the opportunity to purchase the product. If the product advertised fails to have a sufficient quantity or cannot meet the demands of the advertisement, the advertiser has unfairly deceived the consumer.
When marketers design emails to gain consumer interest then engagement marketers need to take the bait and switch law into consideration to avoid possibly creating an email which consumers may view as deceptive. While marketers may see bait advertising as a way to draw in consumers this practice goes against the Truth-in-Advertising Laws.