The 5th Offence: Bait and Switch

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Offence Explanation

The Car Retail first made an invitation to purchase the five seater family car to Papa Onion at a specified price (HK$88,000) and then refused to accept Papa Onion’s order of the five seater family car with the intention of promoting the seven seater van. The company may have committed the offence of bait and switch under the Ordinance.
 

Reminder to Consumer

Wise Tips

  1. Consumers should leave immediately if traders refuse to show the discounted product and switch to promote another product.
  2. Consumers should be extra cautious if traders show or demonstrate a defective sample of the product concerned.

 

Access to Redress

  1. To lodge a complaint, as the case may be, with the following organizations:
    1. Customs and Excise Department
    2. Office of the Communications Authority (On broadcasting and telecommunications services)
    3. Consumer Council
  2. If you suffer loss because of conduct of another person that is directed to you and constituted the above-mentioned offence, you may commence civil action for damages:
    1. If the claim does not exceed $50,000: Small Claims Tribunal
    2. If the claim exceeds $50,000, but does not exceed $1,000,000: District Court
    3. If the claim exceeds $1,000,000: Court of First Instance of the High Court
    Besides, as the case may be, you may seek legal advice and/or assistance from:
    1. Professional lawyers
    2. Resource Centre for Unrepresented Litigants
    3. Free Legal Advice Scheme offered by the Duty Lawyer Service
    4. Apply for Legal Aid Schemes from the Legal Aid Department
    5. Apply for the Consumer Legal Action Fund of the Consumer Council