WHAT IS BAIT AND SWITCH ADVERTISING?
The following motor vehicle advertising practices are unlawful “bait and switch” advertising under the New Jersey Consumer Fraud Act: The advertisement of a motor vehicle as part of a plan or scheme not to sell or lease it or not to sell or lease it at the advertised price. Without limiting other means of proof, the following shall be prima facie evidence of a plan or scheme not to sell or lease a motor vehicle as advertised or not to sell or lease it at the advertised price: o Refusal to show, display, sell, or lease the advertised motor vehicle in accordance with the terms of the advertisement, unless the vehicle has been actually sold or leased during the period of publication; in that case, the advertiser shall retain records of that sale or lease for 180 days following the date of the transaction, and shall make them available for inspection by the Division of Consumer Affairs. o Accepting a deposit for an advertised motor vehicle, then switching the purchaser to a higher-priced m