Group buying giant Groupon accused by rival Cudo of bait-and-switch tactics

A war of words has erupted in the group buying industry, with local player Cudo accusing Groupon’s new Australian website Star Deals of using bait-and-switch tactics by showing consumers an advertisement for a deal but failing to offer that deal on its site.

The accusation comes a day after Groupon launched its first deal in Australia under the StarDeals brand but it is the second time in a week that the site has been accused of using such tactics after a botched Valentine’s Day deal in the United Sates.

“This type of bait-and-switch advertising is way out of line and threatens to damage the market as a whole,” Cudo chief executive Billy Tucker said in a blog post.

StarDeals was contacted for comment this morning but SmartCompany was told a response is still being co-ordinated with the American office.

Groupon is displaying an advertisement for Australian users that features a bright picture of macaroons with the text “All you can eat” displayed at the top of the ad with a price of $8. The StarDeals brand is clearly displayed below.

When users click through the advertisement the deal is nowhere to be found and some advertisements indicate that the deal is available “in Melbourne” when StarDeals is not yet offering deals in Melbourne.

“Clicking on the ad for $8 all-you-can-eat macaroons takes you to a sign-up page, no such offer exists. Deceptive yes. Bait-and-switch I think so,” Tucker says.

This is the second time this week that Groupon has been accused of such tactics. TechCrunch reports that Groupon in the US offered a deal for a coupon to pay $US20 for $US40 worth of flowers from flower company FTD on Valentine’s Day.

But when users clicked through they found the prices on Groupon were higher than on the FTD site.

Groupon head of customer service Joe Harrow responded in a statement saying the company was confused by the initial presentation of the prices as well.

“Anyone that already used their Groupon to buy something from FTD that was on sale will automatically receive a refund to their card for the difference that they paid over the sale price,” he says.

Tucker says while he may have been prepared to defend Groupon before the bait-and-switch incident he is now “No longer sure”.

“Unless I am missing something this type of bait-and-switch advertising is way out of line and threatens to damage the market as a whole. One thing is for sure, Cudo will never resort to these desperate tactics,” he says

The incident comes after Groupon was pressured into removing some SuperBowl ads from play in the US after consumers sparked an outcry, saying the ads were insensitive.

The company posted a blog post shortly afterwards apologising for the ads but so far no response has been forthcoming in relation to the Australian ads.

A spokesperson for the Australian Competition and Consumer Commission said while it could not comment on this particular instance consumers who feel they were misled should feel free to contact the regulator.

 

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Comments (5)
MikeZed
...
written by MikeZed, February 16, 2011
This seems to be standard tactics in the space - i saw an ad from Living Social on SMH in Sept last year offering a massage in Sydney for $30 - when i clicked through to the site, it told me they weren't in market yet and to sign up as they were coming soon. When i sent them an email, calling them out for it being false advertising as far as i understood it, i got a reply stating :-

"We're not live in your city just yet, but rest assured we are coming soon! Having people sign up prior to our launch helps us get the best deals possible from merchants - the more people we have signed up, the deeper the discounts, which translates into more savings for you. " - no repentance at all about offering a product they couldn't fulfill - i didn't care enough to call the ACCC...

Not sure if Groupon's "threatening to damage the market", it's pretty shonky already...
ChrisThomas
...
written by ChrisThomas, February 16, 2011
Not sure if this bait and switch, there's really nothing for somebody based in Melbourne to switch to. There are no deals down here in Melbourne on Star Deals at the moment.

I'd simply call it a stuff up on behalf of the agency helping out (if there is one); they may have simply set up a scheduled Ad to launch through Google on a certain date and time, but the actual deal wasn't ready when it needed to be...
ChrisThomas
...
written by ChrisThomas, February 16, 2011
Sorry, apologies - I think I missed the original point; the 'switch' is get people to add themselves to the email database to hopefully take advantage of a non existent offer - so yep, no more 'benefit of the doubt' for you Star Deals - if that's what you're doing - that's shonky!
Michael Terceiro
...
written by Michael Terceiro, February 17, 2011
While I don't know if the allegations are true, that does not sound like bait and switch.

I understand bait and switch involves getting a customer into the store or onto the website with the promise of a cheaper product or service and then trying to up-sell them to a more expensive product or service. However, you are wiling and able to sell the cheaper product or service if the customer insists.

Bait advertising is when you either have a very small number of products at a promotional price which is inadequate to meet your expected demand. This type of conduct is illegal under the Competition and Consumer Act 2011 (formerly the Trade Practices Act 1974).

However, if you simply don't have any of the promoted products or cannot provide the promised services this is simply a case of false and misleading conduct which is illegal under the Competition and Consumer Act.
shaz_uae
...
written by shaz_uae, February 18, 2011
Groupon has been "advertising" deals in the Middle East for months now - but when you click it just takes you to a holding website, so as Chris says, they're just collecting emails. Fake, fake, fake. They will suffer for this - no one will take any notice now of their ads, and the incumbents will continue to keep market share. Groupon don't seem as smart as everyone says they are.... their model is so easily copied that rivals are often quicker, and Groupon advertising (particularly since super bowl) is very smelly.... I send their emails to junk now, and they only have dumb email address which is for my junk stuff anyway.

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