Arby's Pick 5 for $5.95? - Has Arby's Restaurants Committed a 'Bait and Switch' Act?

Rich Heltzel
In my recent visit to an Arby's fast food restaurant, I had discovered the possibility of a 'bait and switch' act. Insight as to what 'bait and switch' is essential because it is rarely noticed to the consumer. According to Wikipedia, 'bait and switch' is a form of fraud in which the fraudster lures in customers by advertising a product or service at an unprofitably low price, then reveals to potential customers that the advertised good is not available but that a substitute good is. The goal of the bait-and-switch is to convince some buyers to purchase the substitute good as a means of avoiding disappointment over not getting the bait, or as a way to recover such costs expended to try to obtain the bait. It suggests that the seller will not show the original product or product advertised but instead will demonstrate a more expensive product. This is the overview of what the problem is and pertains to many aspects. But how has Arby's done such a thing and why have we not noticed? The issue here is very undersized, but nonetheless very significant. I believe that the 'bait and switch' committed by at least one Arby's restaurant revolves around the "5 for $5.95" offer. If you had not known what the deal is, I have an overview. There are eight items to choose from, including; Arby's melt sandwich, medium soft drink, medium curly fries, ham melt sandwich, turnover, small shake, potato cakes, and mozzarella sticks with marinara sauce. You may pick any combination of five items out of the eight present.

While visiting an Arby's restaurant, my father and I decided to purchase the promotion. After I had ordered my selection of five items, it was my father's turn. While ordering, he had chosen two sandwiches, a soft drink, and was unsure of what else he wanted. He looked over the list and told the cashier two orders of mozzarella sticks with the marinara sauce. This was not accepted though, as the cashier and manager claimed that they were not permitted to give two orders of mozzarella sticks in the promotion. But, weren't we able to have whichever five out of the eight items available, regardless of the amount of each item? Apparently we were, since we both had ordered two Arby melt sandwiches. Why was there an exception as to the mozzarella sticks? While we questioned the restriction, we had received a spiteful tone and the explanation that if there was more than one order of the mozzarella sticks placed, Arby's would lose money on the deal. This would make sense, but only if it was included in the vast amount of commercials and promotions inside and out of the restaurants. If Arby's loses money on mozzarella sticks and the deal is thus futile, why claim that the consumer can pick whichever combination of five items out of the eight available? This is where the 'bait and switch' act comes into play. By knowingly telling the customers that their choice (which is exactly what the commercials and promotions state) is prohibited then forces those customers to chose another item. I find that this fits perfectly into the definition of 'bait and switch.' In no way does the promotion claim that the choice made needs to be unique, meaning you can plausibly choose five of the same item. Interesting? There is more that is false.

While assessing the aspects of the promotion, I had noticed the claim for "Over 790 possible combinations." This to me seemed accurate at first, but while contemplating on the mathematics, there was a flaw present. There would be in fact be 6720 possible combinations if you were truly able to choose any five out of the eight items. How could have Arby's missed this basic math and was it knowingly done so? The question is as such; If the consumer cannot choose any combination of five out of the eight items and there are over 790 possible combinations (with no specific number), why is it not plausible to place two orders of mozzarella sticks? I have observed this as a 'bait and switch' act and have found no rational reason to see it otherwise.

Published by Rich Heltzel

Thiel College Alumni  View profile

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