| B01 — Version/status unknown. Partial. |
If relying on this part, use the complete current guide and distinguish eCFR currency, annual edition, historical publication, and guide status. C001–C006, C051, C055; S001–S003. |
Complete post-cutoff amendment/judicial chain. |
A current webpage label makes the guide an independently binding rule or proves no later law. |
Check later official Part 238 amendatory or withdrawal publications, without party/case research. |
| B02 — Defined versus merely used term. Answered text; application unresolved. |
Apply § 238.0 and its footnote as supplied definitions; do not invent separate exhaustive definitions for every other label. C016–C020, C042; S001. |
Any indispensable later official interpretation of a disputed term. |
Ordinary labels establish all legal predicates. |
Examine a generic FTC interpretation expressly addressing that term, if one exists. |
| B03 — Initial bona-fide intent unknown. Answered text; application unresolved. |
The offer must be evaluated against the insincerity/intention description and bona-fide-sale principle. C016, C021; S001 §§ 238.0–.1. |
Offer, intent, and applicable statutory proof. |
An attractive offer or low price alone proves bait advertising. |
Read any generic official clarification of bona fides under these provisions; do not investigate an advertiser. |
| B04 — Attraction versus switching. Answered text; application unresolved. |
The definition connects lead attraction to the described purpose of selling something else; the price qualification and alternative advantage remain material. C017–C018; S001 § 238.0. |
Actual switching purpose and relationship between solicitation and substitute. |
All lead generation, upselling, or favorable commercial terms are prohibited. |
Identify official generic discussion of the § 238.0 purpose language. |
| B05 — Initial statement/illustration unknown. Answered text; application unresolved. |
Section 238.2(a) addresses the specified false product impressions and other switch-enabling misrepresentation. C022; S001. |
Communication, falsity, and context. |
Every omission or product comparison satisfies the clause. |
Examine generic FTC interpretation of § 238.2(a); broader deception standards remain a separate component. |
| B06 — Later disclosure. Answered text; application unresolved. |
If deception secured the first contact/interview, later true-fact disclosure does not supply the cure described in § 238.2(b). C023; S001. |
Whether the first contact was deceptive and within statutory jurisdiction. |
Later explanation automatically cures the original inducement, or automatically proves a violation. |
Read generic official treatment of initial-contact deception, without actual encounters or cases. |
| B07 — Refusal to show/demonstrate/sell. Answered text; application unresolved. |
The listed refusal concerns the offered product on the offer’s terms and operates within the bait-scheme assessment. C024–C025; S001 § 238.3(a). |
Offer terms, refusal, and scheme context. |
Any refusal, regardless of terms or context, is a per-se violation. |
Review any official generic clarification of the offer-terms qualification. |
| B08 — Disparagement before sale. Answered text; application unresolved. |
Words or acts concerning the product and enumerated connected attributes are indicia under § 238.3(b). C024, C026; S001. |
Conduct, connection, and purpose/context. |
Every unfavorable statement or repair discussion is unlawful. |
Read generic official interpretation of disparagement in this provision. |
| B09 — Stock or outlet availability. Answered text; application unresolved. |
Assess availability at all advertised outlets relative to reasonably anticipated demand, subject to the express disclosure clause. C027–C028; S001 § 238.3(c). |
Advertisement, demand, supply, and relevant locations—all held. |
A stockout necessarily proves bait advertising, or unlimited inventory is required. |
Examine generic official explanation of anticipated demand and the disclosed-limitation qualification. |
| B10 — Stock disclosure qualification. Answered text; application unresolved. |
The stated limitation must be disclosed clearly and adequately, with the supply/outlet subject matching the clause. C028; S001 § 238.3(c). |
Content, adequacy, and relevance of disclosure. |
Any scarcity wording excuses every other misleading feature. |
Read official generic clarification of this particular unless clause; do not draft an advertisement. |
| B11 — Order acceptance and reasonable delivery period. Answered text; timing unresolved. |
Refusal to take orders deliverable within a reasonable period is an indicium; no fixed period is provided. C024, C029, C043; S001 § 238.3(d). |
Reasonableness authority and all application facts. |
A universal delivery deadline can be inferred. |
Identify a generic official interpretation of reasonable time under this clause; any other delivery rule requires a separate scope check. |
| B12 — Demonstration defect. Answered text; application unresolved. |
Showing/demonstrating the described defective, unusable, or impractical product is tied to the advertised represented/implied purpose. C030; S001 § 238.3(e). |
Product condition, presentation, and represented purpose. |
Any defect or consumer dissatisfaction automatically establishes the listed scheme. |
Examine generic interpretation of the represented/implied-purpose qualification. |
| B13 — Compensation method. Answered text; application unresolved. |
A plan or compensation method falls within the indicium only with the stated design to prevent/discourage advertised-product sales, within § 238.3’s framework. C024, C031–C032; S001 § 238.3(f). |
Scheme design and context; no actual contract or payroll facts. |
Every commission or incentive is unlawful. |
Identify generic FTC interpretation specifically of § 238.3(f), not compensation records. |
| B14 — Penalizing sales personnel. Answered text; application unresolved. |
Penalizing is expressly included, with the same design relationship to advertised-product sales. C031; S001 § 238.3(f). |
Purpose/design and conduct. |
Every workplace penalty is bait advertising, or this text decides employment rights. |
Read generic interpretation of the penalty indicium; employment law remains held. |
| B15 — Conduct versus intent/evidence. Answered text; application unresolved. |
Listed acts inform bona-fide/good-faith assessment; the scheme and intent language cannot be replaced by an isolated label. C024, C031, C033; S001. |
Applicable proof and actual conduct. |
One fact automatically proves intent, or every listed fact must coexist. |
Examine generic FTC explanation of these evidentiary formulations; no case search. |
| B16 — Actual offer or harm absent. Unresolved application. |
The guide supplies descriptions, not an actual offer, injury, or loss finding. No quantified harm threshold is stated here. C041, C043, C052; S001. |
All transaction and harm facts; any separate remedy authority. |
This report proves wrongdoing or proves no harm requirement under every applicable law. |
If separately authorized, read the precise generic statutory elements for the proposed legal consequence. |
| B17 — Product versus service. Partial. |
Services are expressly included in the definition, but particular merchandise-specific indicia need a supported service application. C016, C040; S001. |
Official generic service-specific interpretation and relevant predicates. |
All services are excluded, or every inventory/repair clause mechanically applies to debt-relief services. |
Seek an official generic interpretation expressly addressing services under Part 238. |
| B18 — Deposit followed by higher-priced switch. Answered text; application unresolved. |
The sequence is deposit for the advertised product, then a higher-priced substitution, within the post-sale switching framework. C033–C034; S001 § 238.4(a). |
Deposit, sequence, relative price, and purpose. |
Every deposit or substitute sale is a violation. |
Review generic interpretation of § 238.4(a); no transaction creation or calculation. |
| B19 — Delivery/refund conduct. Answered text; remedy/timing unresolved. |
Failure to deliver within a reasonable time or to refund is an indicium, preserving the clause’s alternative wording. C035, C041; S001 § 238.4(b). |
Applicable reasonableness and any independent refund/remedy authority. |
Automatic cancellation, a fixed refund deadline, or a complete delivery-or-refund safe harbor. |
Read a generic official interpretation of this clause; separately identify any actual remedial statute before stating a remedy. |
| B20 — Post-sale disparagement. Answered text; application unresolved. |
The post-sale list has its stated connected categories and catchall; parts are not separately enumerated there. C033, C036; S001 § 238.4(c). |
Stage, conduct, connection, and switching purpose. |
The two disparagement paragraphs have identical enumerations, or omission of a word creates categorical immunity. |
Compare generic official interpretations of §§ 238.3(b) and .4(c). |
| B21 — Defective delivery. Answered text; application unresolved. |
Actual delivery is the described event, with defect/usability/practicality related to the represented or implied purpose. C033, C037; S001 § 238.4(d). |
Delivery and purpose/condition facts. |
A demonstration and delivery are interchangeable, or every defect proves the entire scheme. |
Read generic interpretation of § 238.4(d); warranty remedies remain separate. |
| B22 — Advertised sales occurred. Answered text; application unresolved. |
Such sales do not preclude a scheme; the note’s occasional-incidental-sales explanation is qualified. C038–C039; S001 final note. |
Overall plan and role of those sales. |
A completed sale proves legitimacy, or itself proves illegitimacy. |
Examine generic official explanation of the final note, without actual sales data. |
| B23 — Guide versus rule. Answered boundary. |
Apply the administrative-interpretation status and distinguish § 57a(a)(1)(B) rules and their specified statutory effect. C005–C006, C012–C015; S002–S006. |
Any separate rule and its own promulgation/effectiveness predicates. |
CFR placement alone supports an independent guide-violation penalty. |
Read the exact generic authority for any separately proposed rule-based consequence. |
| B24 — Statutory jurisdiction unknown. Partial. |
§§ 45, 46, and incorporated definitions contain coverage limitations; the insurance qualification also remains material. C007–C014, C054; S004–S007. |
Exact incorporated category and jurisdictional facts. |
Every advertiser, financial provider, or insurer is covered identically. |
Read only the indispensable complete category definition or exception—such as the relevant § 57a(f) incorporation—if that generic boundary becomes necessary. |
| B25 — Remedy or penalty sought. Excluded from resolution. |
This pass establishes no freestanding refund, damages, private-action, debt-release, or penalty result. C006, C015, C041; S001–S006. |
Complete remedy/standing/procedure authority and facts. |
A guide indicium automatically produces financial relief. |
A separate generic inquiry could read the relevant current FTC Act remedy provision, including its conditions; no actual complaint or case. |
| B26 — Original/history/currentness failure. Partial. |
Current bodies and selected history were read, but the 1959 original and exhaustive later chain remain gaps; a review schedule is not an amendment. C044–C051, C053, C055; S008–S013. |
Readable original and any materially later official action. |
Failure proves repeal, absence of authority, or permission to bypass access controls. |
Try an ordinarily accessible official archival format of the 1959 publication or a later generic amendatory publication; no gate workaround. |
| B27 — Other law and broader incentives. Excluded from resolution. |
Part 238 does not settle affiliate/referral arrangements, attorney fees, creditor contributions, lead resale, or broader recommendation conflicts. C032, C040–C042, C052. |
The separate applicable legal framework and all application facts. |
Silence is approval, exemption, or a finding of illegality. |
Identify the narrow generic public authority governing the particular category before opening a separate component. |
| B28 — Numeric standard proposed. Answered absence; application unresolved. |
Part 238 contains relative price, anticipated-demand, sequence, and reasonableness descriptions, not the missing numeric thresholds. C017, C027–C029, C034–C035, C043; S001. |
Any separate authority expressly supplying a quantity or counting convention. |
Inventing a stock percentage, commission cap, profit threshold, or number of days. |
Read the exact separate generic quantity/trigger clause, if one is legally relevant; do not calculate absent predicates. |