Policy implications

Abstract: In the European Union, the framework of financial services legislation at EU level has been aimed primarily at forming a single market for banks, insurers and other financial services firms. Substantial progress has been made towards this objective. Also, the EU initiatives have stimulated a reappraisal of national regulatory systems. Most of this EU legislation (with the exception of the consumer credit directives) has not had consumer protection as one of its main aims, although it has been assumed that consumers will eventually benefit from a wide choice of financial services providers and from price competition. However, partly in response to consumer pressure, the European Commission is developing a set of initiatives more closely geared to protecting consumers’ interests. Within the context of the EU’s approach, there remain considerable variations in the approach to protecting consumers’ interests in different member states as a result of legal and cultural differences.     

浅析电子商务市场中的信任机制——基于“柠檬市场”理论的分析

通常认为,互联网的出现有利于消除消费者的信息劣势,但事实是,电子商务市场的“柠檬”问题却因为网络的虚拟性实际上被强化了,它可能会降低人们对网络交易的信任感。为此,如何解决这些问题就需要我们进行深入的探讨。本文以“柠檬市场”理论为出发点,分析了信任缺乏的内在机理,并结合案例分析提出了建立网络信任的策略思路。     

信托财产权新探——兼谈信托的所有权问题

信托产生于英国 ,在英美法系中信托当事人在信托中的财产权称为“双重财产权”。我国在《信托法》中对信托的所有权归属问题并没有作出明确的规定。拟从实现信托的社会终极目标的角度认为信托财产权是独立于物权、债权之外的一种新型财产权利。     

Promoting Educated Consumer Choices. Has EU Food Information Legislation Finally Matured?

Contemporary EU food information legislation combines and balances two main consumer interests, i.e., a consumer right to information and the freedom of choice, into one single protective standard: informed choice. Although the recent legislative measures quite openly establish a link between informed choice and the rather abstract societal norm of “what is good for the consumer,” this does not justify the conclusion that food information legislation has become overly meddlesome in relation to EU consumers and their choice of food. Rather, there has been a gradual maturing of the EU legislator’s perception of its task from the mere provision of food information to ensuring educated consumer choices. This development is a logical and necessary consequence of the growing complexity of food choices.     

Trust considerations on attitudes towards online purchasing: The moderating effect of privacy and security concerns

The research examines the relationships between three common trust considerations (vendor, Internet and third parties) and attitudes towards online purchasing. The study incorporates privacy and security concerns as a moderating variable and finds that these relationships vary depending on the level of concerns a consumer has when purchasing online. The study suggests that “fears” surrounding the Internet as a place to do business still hinder the use of it for e-commerce purposes, but that the presence of a reputable agent might in some manner mitigate this risk. In the context of business to consumer relationships trust in the vendor is important for the consumer to accept any risk associated with a transaction. Theoretical implications for online customer behavior theory are also discussed.     

产品伤害危机管理因素对消费者信任修复的影响研究

利用联合分析法,通过情景模拟调研,对产品伤害危机管理中的重要影响因素(如企业社会责任、企业响应策略、媒体效用以及时间)在不同危机严重程度(非常严重、中等程度、轻微程度)下对消费者信任修复造成的影响以及重要程度进行研究,结果表明,时间对于非常严重程度下的消费者信任修复最为重要,响应策略对于中等严重程度下的消费者信任修复最为重要,而企业社会责任对于轻微程度下的消费者信任修复最为重要。     

Can Bonus Packs Mislead Consumers? A Demonstration of How Behavioural Consumer Research Can Inform Unfair Commercial Practices Law on the Example of the ECJ’s Mars Judgement

The use of psychological findings in EU internal market regulation has gained interest, particularly in the area of unfair commercial practices. This study investigates consumer perceptions of bonus packs containing an oversized indication of the “extra” volume in the package, such as in the Mars case. The Mars case serves as a standard reference in EU unfair commercial practices law which is used as a benchmark to determine the “average consumer.” Our study demonstrates how an experiment can be set up to provide empirically based insights on whether a practice is “deceptive.” Results of our experiment show that consumers overestimate the extra volume when confronted with an oversized indication compared to control conditions, which is first empirical evidence that this practice is potentially deceptive.     

Dissemination of Consumer Law and Policy in South Africa

This article considers to what extent some important areas of South African consumer law have been influenced by the laws of international bodies, other countries or regional bodies or, in turn, influenced other laws in Southern Africa and beyond. It focuses on rules on product safety, product liability, remedies for defective quality of goods, some basic rules on unfair commercial practices and various aspects of consumer law relating to the use of mobile phones by South African consumers. The main piece of legislation considered is the Consumer Protection Act 68 of 2008 (“CPA”), which came into force in 2011. The article considers whether aspects of this legislation were influenced by the EC Product Safety Directive, EC Product Liability Directive, EC Consumer Sales Directive, EC Unfair Commercial Practices Directive and EC Directive on Misleading and Comparative Marketing. It shows how the relevant provisions of the CPA influenced the laws of some African countries. The article also considers various issues faced by consumers in the mobile phone sector, including defective handsets, defective services, the high cost of mobile calls and data, the lapsing of “unused” data after short periods, data “disappearing” faster than expected, unfair contract terms, unsolicited marketing and the complexity of mobile phone contracts, which leads consumers to overestimate or underestimate their future usage, therefore paying too much because they are on an ill-suited plan. Conclusion of agreements via mobile phones, marketing of additional services like ringtones and apps and unsolicited marketing via mobile phones are also considered. Some complaints regarding the use of mobile phones should be better provided for in legislation, and enforcement of consumer rights in this sector could be improved.     

Policy and practice in the United Kingdom

Abstract: The UK currently has well-developed but very fragmented systems and structures for consumer protection in banking and financial services, including legislation, regulatory bodies and various forms of self-regulation. At the time of writing, the government has launched proposals for a much more integrated, statute-based system that would cover a large part of the market place and that would be implemented by a single new regulatory body, the Financial Services Authority. However, a number of significant details are still absent from the proposals or are the subject of strong criticism, either from the industry side or from consumer organizations. Also, some types of life assurance, non-life insurance and most mortgage lending may remain outside the proposed new system. It remains to be seen when the proposals will become law and what precise form they will take.     

The recent reform of European governance: A critical review

This paper investigates whether the recent EU governance reform is a step in the right direction and discusses its ability to restore European financial stability. The authors argue that the reform appears incapable of dealing with the factors responsible for the sovereign debt crisis, and they stress the need for financial sector reforms and sound fiscal policies. To that end, the adoption of national fiscal rules seems capable of dealing with the profligacy of governments and tackling the problem of deficit bias. Regarding the introduction of the new Excessive Imbalance Procedure, this article argues that EU authorities should adopt a symmetric approach instead of the one currently being pursued.     

Online Trust: State of the Art,New Frontiers,and Research Potential

Online trust is growing in importance as a topic of study and its influence on Internet marketing strategies is increasing. “Online trust includes consumer perceptions of how the site would deliver on expectations, how believable the site's information is, and how much confidence the site commands." (Bart, Yakov, Venkatesh Shankar, Fareena Sultan, and Glen L. Urban [2005], “Are the Drivers and Role of Online Trust the Same for All Web Sites and Consumers? A Large-Scale Exploratory Empirical Study,” Journal of Marketing, 69(4), 133–152). In this article, we review advances in online trust research based on an overarching framework, outlining the key insights learned so far. These insights include: online trust extends beyond privacy and security, is closely connected to website design, its formation is an ongoing process, and is heterogeneous across individuals and products. We propose several ideas for future research relating to multiple aspects of online research, such as the longitudinal component, multichannel element, global aspect, personalization and cross-disciplinary nature.     

Trust,Commitment, and Older Women: Exploring Brand Attachment Differences in the Elderly Segment

Understanding older adults’ product consumption behavior is of high importance to consumer and marketing research. Prior studies have mainly focused on older adults’ cognitive decline and compared their behavior to that of younger consumers. A neglected area of research has been older consumers’ brand attachment that is associated with potential differences between consumers in their fifties and in their seventies. In this article, the authors provide insights into the under‐researched field of elderly women's brand attachment. Drawing on socioemotional selectivity theory, a shift toward emotional aspects in brand relationships is proposed. A model involving trust and commitment processes is developed and empirically tested in a survey among 341 older women. Moderator analyses reveal significant differences between the “younger elderly” and the “older elderly” in relationships among self‐concept connection, partner quality, trust, and commitment. For the younger elderly, how a brand is (based on trust judgments) seems to be more important. For the older elderly, what a brand does in its role as relationship partner becomes more relevant.     

Time to Do the Job Properly—The Case for a New Approach to EU Consumer Legislation

Following 25 years of legislative activity in the field of consumer law, the EU has proposed major reforms to the consumer law acquis. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This paper argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. This argument will consider the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. It will be argued that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods/services across borders, while not upsetting domestic law unnecessarily, in particular in the context of e-commerce.     

Trust and reciprocity with transparency and repeated interactions

This paper uses data from a controlled laboratory environment to study the impact of transparency (i.e., complete information versus incomplete information) and repeated interactions on the level of trust and trustworthiness (reciprocity) in an investment game setting. The key findings of the study are that transparency (complete information) significantly increases trusting behavior in one-shot interactions. This result persists in repeated interactions. Further, transparency appears important for trustworthiness in one-shot interactions. In addition, repeated interaction increases trust and reciprocity with or without transparency. These results suggest that transparency is important in building trust in business environments such as alliances and joint ventures which are loosely connected organizational forms that bring together otherwise independent firms. It also provides support for the Sarbanes-Oxley Act of 2002 (SOX) and similar legislation elsewhere which attempt to regain investors' trust in corporate management and financial markets by stipulating enhanced disclosures.     

Stakeholder Conceptions of Later-Life Consumer Vulnerability in the Financial Services Industry: Beyond Financial Capability?

When the newly re-constituted UK financial services regulator–the Financial Conduct Authority–was launched in 2013, it promised to adopt a new approach to its “consumer protection” objectives. This shift included articulating a new conception of consumer vulnerability, beyond narrow, individualistic, conceptions of vulnerability based on (limited) financial capability, towards a broader conception which takes account of the connection between individual circumstances, situations, and market factors in causing or exacerbating manifestations of consumer vulnerability. Drawing on new empirical research with later-life financial services stakeholders and consumers, this article examines the extent to which equity release stakeholder perceptions of consumer vulnerability align to this new regulatory philosophy, and to the realities of consumer experiences. Our findings indicate that, in contrast to the FCA’s new, broader understanding of consumer vulnerability, the stakeholders in our study tended to understand vulnerability through a narrower lens, focusing predominantly on “information vulnerability,” or on whether or not the consumer “knows what they are doing.” This conception supports the assumption that providing financial advice is sufficient intervention to ensure good consumer outcomes. This assumption is also at odds with our earlier consumer study findings, which revealed a much wider set of vulnerabilities amongst equity release consumers. We reflect on the implications of these findings for the development of the later-life financial services industry, in ways that can more appropriately serve the needs of this consumer population.     

Consumer Trust and Satisfaction in the Formation of Consumer Loyalty Intentions in Transactional Exchange: The Case of a Mass Discount Retailer

Marketing relationships can be placed on a continuum from short, discrete transactions to ongoing brand relationships. The majority of recent work has focused on relational exchanges, with some scholars even suggesting early on that the marketing discipline was undergoing a paradigm shift from a transaction-based marketing perspective toward a relational exchange perspective. However, there has been a growing recognition that not all customers seek relational exchanges. Consequently, the current research considers customer relationship management from the less studied, but oft seen, perspective of transactional exchange. A study is presented using recent advances in structural equation modeling analyses, including Bayesian estimation methods and mediation analyses. We further consider the psychological processes underlying the formation of consumer loyalty based on pre- and post-purchase measurements taken over multiple time periods. We specifically hypothesize that consumer satisfaction judgments will fully mediate any influences of post-purchase trust judgments on future loyalty intentions. With American consumers’ trust in businesses at an all-time low, coupled with the recent trend that more and more brick-and-mortar retailers are at risk of “showrooming” for online retailers, there is an apparent need to also consider retail customers who see the value of relationship marketing only selectively.     

The Influence of Seller,Auctioneer, and Bidder Factors on Trust in Online Auctions

A growing body of research promotes the importance of trust in the business-to-consumer e-commerce environment. However, there has been little research on consumer trust in the new frontier of consumer-to-consumer (C2C) online auctions. The current study investigates the factors that influence bidders’ trust in online auctions from seller (trust arguments), bidder (disposition to trust), and auctioneer (structural assurance and perceived Web risk) perspectives in order to provide a more comprehensive understanding of trust in the C2C environment. Laboratory experiments (manipulating the trust arguments in “about me” page) and online questionnaire surveys (measuring the subjects’ responses regarding structural assurance, perceived risk, disposition to trust, trust, and purchase intention) were conducted to collect necessary data. The results suggest that benevolent sellers significantly influence the trust of bidders. Analysis also finds that structural assurance is the most influential predictor of trust, which significantly influences a buyer's intention to purchase. In addition, disposition to trust is a significant predictor of trusting belief, whereas perceived Web risk does not predict purchase intention.     

Policy and practice in Germany

Abstract: In Germany, EU directives have been the primary source of consumer protection legislation in banking and financial services, especially legislation on consumer credit and investment services. Otherwise, there is little significant statute law, either at federal or provincial (Länder) level, apart from a recent Consumer Bankruptcy Law. Most consumer problems have to be solved within the framework of the very general Civil Code or the law on unfair contract terms. This means that there is strong emphasis on the role of the courts in interpreting the law in specific cases. In recent years consumer organizations have played an important part in bringing class action cases in the courts – notably on issues concerned with value dating, bank charges and the early termination of mortgage and insurance contracts. There is virtually no tradition of securing consumer protection through codes of conduct. Banking ombudsman schemes have been set up in recent years, but are subject to some criticisms by consumer organizations.     

European Union policies and practice

Abstract: Early attempts to build a harmonized legal system for banking and financial services throughout the EU met insurmountable difficulties. The shift towards the single market approach in the mid-1980s has been much more successful in terms of removing the obstacles preventing banks and other financial services organizations from establishing themselves and selling their services wherever they choose throughout the EU. The theory has been that consumers would benefit in terms of wider choice and lower prices, but consumer protection needs have been relatively neglected until recently. The emphasis is now changing, and there is widespread recognition that consumer protection aspects of the marketing of banking and financial services need special consideration. However, there is still an unfinished agenda of consumer issues, including distance selling of financial services, overindebtedness, mortgage credit, better consumer information and improved systems of providing redress.     

The Way into Bankruptcy: Market Anomie and Sacrifice Among Portuguese Consumers

Portugal ranks among the EU27 countries with higher levels of consumer indebtedness. Contrary to the trend observed in countries with similar indebtedness rates, Portugal has one of the lowest rates of consumer default. Previous studies (e.g., Frade et al. 2006) have identified three strategies that have contributed to keep levels of credit default low: reliance on savings, financial support from relatives and friends, and cuts in household expenses. These strategies have been widely used for the last decade and have been strained since the very beginning of the global financial crisis in 2007. We argue that these three strategies are near to collapse and consequently the levels of consumer default will rise steeply in the next years. The savings rate in Portugal has been declining over time, and the social networks are limited in their action due to the current crisis that affects everyone. In this article, we advance the hypothesis that sacrificing living standards is rooted on collective beliefs about the current economic crisis in Portugal and trust in political and market agents in line with the Theory of Market Anomie (Karstedt and Farrall 2006). The conclusions are based on macroeconomic statistics and on the results of a Web survey of 1244 Portuguese households, which focuses on attitudes towards the financial crisis, trust in political and economic institutions, and strategies to cope with the crisis. The results show that trust in financial companies (banks and insurance companies) and in the European Parliament promotes a sense of empowerment to contribute to the country economic restoration. This attitude induces citizens to avoid default by sacrificing living standards. But in the current austerity context, with low levels of trust in political institutions and detachment of the economy, consumers will be less prone to sacrifice. In this scenario, credit default and insolvency is expected to rise especially in those households most exposed to unemployment and to cuts in social benefits. This reality puts a huge and growing pressure on bankruptcy procedure, civil courts, and economic and social policies. Some adjustments should be made to the Portuguese Bankruptcy Code by facilitating and simplifying the bankruptcy regime in order to accommodate the increase in insolvency cases. But the improvement of the insolvency procedure will not resolve the situation of financial distress if the structural causes persist, such as unemployment and deterioration of salaries, and cuts in social benefits. A reform of the Bankruptcy Code facilitating and simplifying the bankruptcy regime should be coupled with measures that boost the economy and stimulate the labour market. Otherwise, Portuguese households will not have the resources necessary to benefit from the bankruptcy process and regain the control over their financial lives.