It depends, and the determination will be based on whether you suffered any actual damages. While you could potentially sue a company for marketing a product that they did not have in stock or have a substitute for, the more likely scenario is that you may be able to hold them accountable by reporting them, which might cause them to incur penalties. To file a lawsuit, you would likely need to demonstrate that you incurred actual damages.
If you have questions about your fundamental rights as a consumer or are a victim of consumer fraud in Texas, the experienced attorneys at Funk & Associates can help. Contact us today for a consultation.