Bait and Switch Auto Advertising in Massachusetts: Suing Dealerships for Illusory Discounts

Step-by-Step Guide to Combating Deceptive Auto Ads in Massachusetts

In the digital age, most car shopping begins online. Unfortunately, some Massachusetts dealerships engage in bait and switch advertising to lure customers into the showroom. They post an incredibly low price for a vehicle online, but once you arrive in Quincy, Brockton, or Framingham, the dealer claims the car is gone or the price does not apply to you. Massachusetts has strict Motor Vehicle Advertising regulations designed to protect consumers from these illusory discounts.

Step 1: Identifying Fake 'Internet Only' Pricing

A common scam is advertising a low 'Internet Price' that actually excludes mandatory fees. When you arrive at the dealership, the salesperson adds a $900 'destination fee', a $500 'dealer prep fee', or mandatory protection packages. Under 940 C.M.R. § 5.02, the advertised price must include all charges that the customer is required to pay, except for state sales tax and registration fees. Hiding fees in small print or forcing you to pay more than the advertised price is a direct violation.

Step 2: Spotting Hidden Discount Requirements

Dealers often stack every possible rebate into their advertised online price to make it look unbeatable. However, these discounts are often mutually exclusive or highly restrictive. For example, the price might assume you qualify for a Military Discount, a Recent College Grad Rebate, and a First Responder Rebate all at once. If the advertisement does not clearly and conspicuously disclose the specific conditions required to get that price, it constitutes deceptive advertising under Mass. Gen. Laws ch. 93A, § 9.

Step 3: The 'One Car Only' Stock Number Scam

Another classic bait and switch is advertising a specific car at an amazing price, but only having one base model in stock. The dealer uses a specific stock number in the ad. When you arrive, they tell you that exact car was 'just sold five minutes ago,' but they have a similar, much more expensive model available. If they consistently advertise cars they do not actually have, or if they fail to sell the advertised car at the advertised price, you have grounds for a complaint.

Step 4: Refusal to Sell at the Advertised Lease Rate

Lease advertisements are notorious for deceptive terms. A dealer might advertise a vehicle for '$199 per month.' When you sit down with finance, they reveal that the $199 rate requires an exorbitant $6,000 down payment that was buried in microscopic text at the bottom of a TV commercial or web page. Both state regulations and federal rules require clear and conspicuous disclosure of all lease terms.

Step 5: Documenting the Evidence

To successfully fight bait and switch tactics, evidence is critical. Before you visit the dealership, take screenshots of the advertisement on your phone or computer. Ensure the screenshot captures the date, the URL, the stock number, the VIN, and the exact advertised price. When you are at the dealership, ask for a written price quote. If the quote is higher than the online price, politely ask them to honor the advertisement. If they refuse, keep the written quote as evidence.

Where to Take Legal Action in Massachusetts

If you suffer financial harm or waste significant time and resources due to deceptive advertising, you can demand justice. Under Mass. Gen. Laws ch. 93A, § 9(3), you must first send a written 30-Day Demand Letter at least 30 days before filing suit, as allowing the business 30 days to offer a settlement is a mandatory jurisdictional prerequisite. If unresolved after this 30-day period expires, you may file a lawsuit in the Massachusetts Superior Court, Boston or the Massachusetts Superior Court, Springfield. You can also report the dealership using the Form Non-Numbered, Massachusetts, Office of the Attorney General, Consumer Complaint Form.

Relevant Case Law

Massachusetts courts have historically protected consumers against deceptive advertising. Precedents like Roberts v. Enterprise Rent-A-Car Co. of Boston, 438 Mass. 187 (MA Supreme Judicial Court 2002) highlight the state's strict stance on clear disclosures and consumer protection, reinforcing that businesses must act fairly in their representations.

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