If I work in a retail phone store and just had a customer come in asking about phones on display but which are out of stock, is it illegal to still display them?

She stated that it was illegal to display them if we didn’t have them to sell. Is this accurate?

Asked on April 21, 2015 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, she's not even close to right as long as you did *intentionally* display a phone you knew you were not and would not carry, just to draw customers in ("bait and switch"). But sometimes stores sell out and need to be restocked--as long as this was not a deliberate attempt to defraud or trick customers, there was no illegality.


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