Texas Attorney General Greg Abbott has charged two online digital
camera and electronics retailers with conducting an unlawful
bait-and-switch sales scheme.
Yesterday's
enforcement action seeks restitution for Texas residents who suffered
financially because of the defendants' unlawful conduct.
According
to state investigators, Broadway Photo, L.L.C. and Starlight Camera
& Video Inc., both of Brooklyn, N.Y., attempted to attract
customers by offering the lowest retail prices on price-comparison
websites. Once customers selected merchandise and made credit card
purchases via the defendants' websites, customers were notified that
their orders had been processed.
Despite the order-processing
notice, customers were subsequently asked to call a specified telephone
number to confirm their orders. Rather than use the calls to confirm
customers' orders, the defendants instead initiated aggressive,
high-pressure sales pitches promoting over-priced accessories,
including memory cards and batteries.
The defendants'
telemarketers insisted the upgraded accessories were needed in order
for the customers' confirmed merchandise to function normally, the AG's
Office said.
When customers refused the offers, the defendants
told customers the confirmed merchandise was substandard and lacked
warranties. The defendants' telemarketers encouraged customers to
purchase different, more expensive products.
If customers
again refused, the defendants canceled the orders, claiming the
products were indefinitely back-ordered. When the defendants actually
did ship orders, customers who intended to purchase new merchandise
often received used or refurbished products.
The Office of the
Attorney General is seeking injunctions halting this conduct and civil
penalties of up to $20,000 per violation of the Texas Deceptive Trade
Practices Act.