True or False?

A consumer receives an ad in the mail for a sale on a certain washing machine model at a nearby retail store. That day, he drives to the local retailer to purchase the discounted item. He is informed, however, that the advertised product is out of stock, but that it can be ordered and would arrive in $6-8$ weeks. The retail employee then suggests an alternative model that is more expensive but higher quality and in stock.

The consumer rushes home to file a complaint on the FTC website alleging the retailer engaged in bait$-$and$-$switch advertising.

The merchant retailer can overcome liability for the claim against him with evidence showing he in fact did carry a minimal quantity of the advertised product in stock, but it sold out in one morning.