Avoid bait marketing when you advertise a price

Know what the section prohibits

Section 30 says a supplier must not advertise particular goods or services as available at a specified price in a manner that may result in consumers being misled or deceived about their actual availability from that supplier at that price.

If the advert states a limit, such as a number of units or an end date, the supplier must make the goods or services available at that price to the extent of the stated limits.

Understand the defence

The Act gives a supplier a defence where it offered, or arranged for someone else, to supply the same or equivalent goods or services within a reasonable time, in a reasonable quantity and at the advertised price, and the consumer either unreasonably refused or accepted and was supplied. Relying on that defence after the fact is not a plan; it is better to avoid the problem.

Plan stock, limits and wording together

Before launching a price advert, confirm how much stock or capacity exists at that price and for how long. If quantities are limited, say so in the advert itself, in words a customer will see. Make sure the landing page, store staff and call centre know the offer and its limits.

Turn adverts off promptly when the stated limit is reached, especially on social and search platforms where scheduled ads can keep running after stock runs out. Keep a record of stock levels and ad schedules so you can show what happened if a customer complains.

• Confirm stock or capacity at the advertised price.
• State any quantity or date limits in the advert.
• Brief everyone who handles customer questions.
• Pause adverts when the limit is reached.
• Keep records of stock and ad schedules.