Kokua Line

By June Watanabe

Thursday, April 3, 1997

Next-day shopper finds
store doesn’t live up to ad

I saw an ad for shoes on sale at a sporting goods store, but when I went in the next day, I was told the shoes were all gone. I feel this is deceptive advertising. Whom can I complain to?

We called the store with your complaint and the manager said there must have been a misunderstanding because there were lots of those shoes in stock, although not in all colors and sizes.

If you do feel you were misled, you can file a complaint with the state Office of Consumer Protection, at 586-2630.

There is a lengthy section devoted to "availability of advertised merchandise" under the office's "Unfair or Deceptive Practices in Advertising" rules.

For example, you can't advertise computers for $100 and have only one on hand, said Jo Ann Uchida, executive director of the Office of Consumer Protection. That amounts to luring people into the store in hopes of them buying other items.

"The rules require that you have sufficient inventory to meet a reasonably expected demand," Uchida said. Often, you'll see merchants substituting goods for the advertised products. "Technically, they are supposed to meet anticipated demand" of the advertised product, but there are mitigating factors that would make substitutions acceptable, she said. That includes having a rain check policy, for example.