Business & Society Ethics, Sustainability, and Stakeholder Management Eighth Edition Archie B. Carroll Ann K. Buchholtz © 2012 South-Western, a part of Cengage Learning 1 Chapter 13 Consumer Stakeholders: Information Issues and Responses © 2012 South-Western, a part of Cengage Learning 2 Learning Outcomes 1. Recite the consumer’s Magna Carta and explain 2. 3. 4. 5. 6. 7. its meaning. Chronicle the evolution of the consumer movement, highlighting Ralph Nader’s role. Identify the major abuses of advertising and discuss specific controversial advertising issues. Enumerate and discuss other product information issues that present problems for consumer stakeholders. Describe the role and functions of the FTC. Explain recent consumer-related legislation that has passed. Discuss the strengths and weaknesses of regulation and selfregulation of advertising and proposed consumer financial protection regulations. © 2012 South-Western, a part of Cengage Learning 3 Chapter Outline • The Consumer Movement • Product Information Issues • The Federal Trade Commission (FTC) • Recent Consumer Legislation • Self-Regulation in Advertising • Summary • Key Terms © 2012 South-Western, a part of Cengage Learning 4 Consumer Spending Consumer Expectations • Consumers have decreased their spending in recent years. • Businesses have to fight hard for customers. Firms must pay careful attention to customer stakeholders and their fair treatment. © 2012 South-Western, a part of Cengage Learning 5 Customer Relationship Management Customer Relationship Management • The ability of an organization to effectively identify, acquire, foster, and retain loyal profitable customers. Customers remain dissatisfied with how they are treated and are mistrustful of businesses. © 2012 South-Western, a part of Cengage Learning 6 The Consumer’s Magna Carta Right to Safety Right to Be Informed Right to Choose Right to Be Heard © 2012 South-Western, a part of Cengage Learning 7 The Consumer Movement Consumer Expectations • “Fair value” for money spent • Product that meets “reasonable” expectations • Full disclosure of product specifications • Truthful advertising • Safe products • Removal of dangerous products © 2012 South-Western, a part of Cengage Learning 8 Consumerism Consumerism • A social movement seeking to augment the rights and powers of buyers in relation to sellers. © 2012 South-Western, a part of Cengage Learning 9 Lessons From the Consumer Movement 1. Achieve a fair and just marketplace for all consumers. 2. Provide public oversight where: • • Corporations lack the incentives to regulate their own behavior. Issue of health, safety and other special concerns. 3. Provide resources, authority, and support for public watchdogs. 4. Intensify the fight for affordable goods and services, fair financial practices, and a chance at a decent standard of living. 5. Curb wasteful overconsumption that threatens the environment. © 2012 South-Western, a part of Cengage Learning 10 Ralph Nader’s Consumerism • Ralph Nader is considered the father of the modern consumer movement. • Unsafe At Any Speed criticized the auto industry and General Motors 40 years ago. • Nader and the consumer movement were the impetus for consumer legislation in the 1970s. • Nader made consumer complaints respectable. © 2012 South-Western, a part of Cengage Learning 11 Consumer Problems with Business • • • • • • • • • • • • • High prices of products Poor quality of products Failure to live up to advertising claims Hidden fees Poor quality of after-sales service Product breakage Misleading packaging or labeling Feeling that consumer complaints are a waste of time Inadequate guarantees and warranties Failure of company complaint handling Dangerous products Absence of reliable product / service information Not knowing what to do if something is wrong with product © 2012 South-Western, a part of Cengage Learning 12 Advertising Issues Arguments for Advertising Informs consumers Increases consumer satisfaction Arguments Against Advertising It is wasteful and inefficient– and decreases our standard of living Raises the price of products and is an unnecessary business cost Inefficient means of distributing information Ineffective Promotes efficiency in the supply chain Effective at reaching consumers An economical means of High cost reaching consumers © 2012 South-Western, a part of Cengage Learning 13 Advertising Benefits • The lifeblood of the free-enterprise system • Stimulates competition • Provides information for comparison buying • Provides competitive information to competition • Sales response provides a mechanism for immediate feedback • Provides social and economic benefits © 2012 South-Western, a part of Cengage Learning 14 The Need for Information Clear Consumers need information that is… Accurate Adequate © 2012 South-Western, a part of Cengage Learning 15 Advertising Abuses Ambiguity Exaggerated Claims Concealment of Facts Psychological Appeals © 2012 South-Western, a part of Cengage Learning 16 Weasel Words Weasel Words • Are inherently vague so companies can claim they were not misleading consumers. Help Like Virtually Up to © 2012 South-Western, a part of Cengage Learning 17 Concealed Facts Concealed Facts • The practice of not telling the whole truth or deliberately not communicating information the consumer ought to have access to in making an informed choice. Hidden Fees Product placement (“stealth advertising”) Plot placement © 2012 South-Western, a part of Cengage Learning 18 Exaggerated Product Claims Exaggerated Claims • Cannot be substantiated by any kind of evidence. 1. Induce people to buy things that do them no good. 2. Result in loss of advertising efficiency as companies match puffery with puffery. 3. Drive out good advertising. 4. Result in consumer loss of faith in product claims. Puffery • A euphemism for hyperbole or exaggeration that usually refers to the use of general superlatives. © 2012 South-Western, a part of Cengage Learning 19 Psychological Appeals Psychological Appeals • Designed to persuade on the basis of human emotions and emotional needs rather than reason. • The products can seldom deliver what the ads promise. Marketers appeal to all our senses, even sound, when making psychological appeals. © 2012 South-Western, a part of Cengage Learning 20 Controversial Advertising Issues Comparative advertising Use of sex in advertising Advertising to children Marketing to the poor Advertising of alcoholic beverages Cigarette advertising Health and environmental claims Ad creep © 2012 South-Western, a part of Cengage Learning 21 Principles of Advertising to Children Consider the audience’s level of knowledge and maturity Be neither deceptive nor unfair to children Have adequate substantiation for advertising claims to children Do not stimulate children’s unreasonable expectations Products inappropriate for children should not be advertised to them Present positive and pro-social roles and role models Use advertising to serve an educational role Parents are responsible for providing guidance for children © 2012 South-Western, a part of Cengage Learning 22 Controversial Advertising Issues Environmental Claims • Companies have been ramping up their advertising claims about the environmental friendliness of their products. • The green economy was estimated in 2010 to be worth $1.04 trillion and growing. • An industry of “green watchdogs” has been growing. • Growing “green fatigue” developing among some consumers who are weary of claims. © 2012 South-Western, a part of Cengage Learning 23 Warranties • Initially used by manufacturers to limit the length of time they were responsible for products. • Came to be viewed by consumers as mechanisms to protect the buyer against faulty or defective products. Express Warranty • Promise or affirmation of fact that the seller makes at the time of the sale. Implied Warranty • Unwritten promise that there is nothing wrong with the product and its intended use. © 2012 South-Western, a part of Cengage Learning 24 Warranties (continued) Full Warranty • Covers the entire product. Limited Warranty • Certain parts or types of defects are not covered under the warranty. Extended Warranty • Service plans that lengthen the warranty period and are offered at an additional cost. © 2012 South-Western, a part of Cengage Learning 25 Product Information Issues Magnuson-Moss Warranty Act of 1975 • Full warranty • Limited warranty The Warranty Act set standards for what must be contained in a warranty and the ease with which consumers must be able to understand it. © 2012 South-Western, a part of Cengage Learning 26 Packaging and Labeling Federal Packaging and Labeling Act of 1967 • Prohibits deceptive labeling on consumer products • Requires disclosure of certain important information on consumer products The FTC and the Food and Drug Administration (FDA) have responsibilities under the Act. © 2012 South-Western, a part of Cengage Learning 27 Other Product Information Legislation Equal Credit Opportunity Act • Prohibits discrimination in extending consumer credit. Truth-in-Lending Act • Requires all suppliers of consumer credit to fully disclose all credit terms. Fair Credit Reporting Act • Ensures that consumer-reporting agencies provide information in a manner that is fair and equitable. Fair Debt Collection Practices Act • Regulates the practices of third-party debtcollection agencies. © 2012 South-Western, a part of Cengage Learning 28 The Federal Trade Commission The government’s major instrument for ensuring that business lives up to its responsibilities in the areas of advertising, warranties, and packaging/labeling. Major Activities of the FTC 1. To maintain free and fair competition in the economy. 2. To protect consumers from unfair or misleading practices. © 2012 South-Western, a part of Cengage Learning 29 The Role of the FTC • • • • Seeks to ensure that the nation’s markets function competitively and are free of undue restrictions. Works to enhance the smooth operation of the marketplace by eliminating unfair or deceptive acts or practices. Efforts are directed toward stopping actions that threaten consumers’ opportunities to exercise informed choice. Undertakes economic analysis to support its law enforcement efforts and to contribute to the policy deliberations of government. © 2012 South-Western, a part of Cengage Learning 30 The Divisions of the FTC Advertising practices Credit practices Enforcement Marketing practices Service industry practices © 2012 South-Western, a part of Cengage Learning 31 The Federal Trade Commission Historical Overview • Early activism of the FTC • Less active years of the FTC • Reassertion of the FTC in the 1990s • The FTC in the Twenty-First Century © 2012 South-Western, a part of Cengage Learning 32 Recent Consumer Legislation Credit Card Act of 2009 Consumer Financial Protection Agency © 2012 South-Western, a part of Cengage Learning 33 Self-Regulation in Advertising Types of Self-Regulation • Self-discipline • Pure self-regulation • Co-opted self-regulation • Negotiated self-regulation • Mandated self-regulation © 2012 South-Western, a part of Cengage Learning 34 The National Advertising Division’s Program • NAD was created to help sustain high standards of truth and accuracy in national advertising. Initiates investigations Determines issues Collects and evaluates data Makes initial decision regarding substantiated claims © 2012 South-Western, a part of Cengage Learning 35 Three Moral Management Models Immoral Management Customers are viewed as opportunities to be exploited Amoral Management Management does not think through the ethical consequences of decisions Moral Management Customers are viewed as equal partners in transactions © 2012 South-Western, a part of Cengage Learning 36 Key Terms • • • • • • • • Accurate information Ad creep Adequate information Age compression Ambient advertising Ambiguous advertising Clear information Comparative advertising • Concealed facts • Consumerism • Consumer Financial Protections Agency (CFPA) • Consumer’s Magna Carta • Co-opted selfregulation • Credit Card Act of 2009 • Customer Relationship Management (CRM) • Exaggerated claims • Express warranty • Extended warranty • Full warranty © 2012 South-Western, a part of Cengage Learning 37 Key Terms (continued) • Implied warranty • Limited warranty • Mandated selfregulation • Negotiated selfregulation • Plot placement • Product information • Product placement • Psychological appeals • Puffery • • • • • • • • • Pure self-regulation Right to be heard Right to be informed Right to choose Right to safety Self-discipline Self-regulation Warranties Weasel words © 2012 South-Western, a part of Cengage Learning 38