When Should “Consumers-as-Producers” Have to Comply With Consumer Protection Laws?

Since the 1960s, consumer protection law has been built on the contrast between large “producers” and small “consumers.” Today, instead, an ordinary consumer owns what can accurately be called a “personal mainframe”—a home computer whose processing power matches an IBM mainframe from about 10 Years ago. Equipped with a personal mainframe—an Information-Age factory—ordinary “consumers” at home are increasingly also becoming “producers.” As unregulated consumers become regulated producers, a major legal question is whether and when the individual should have to comply with consumer protection laws. The discussion here selects four examples of US legal rules that might apply to consumers-as-producers, with recommendations spanning the range of possibilities: (1) consumer privacy legislation: creating a threshold, with no compliance required for databases of fewer than 5,000 names, is recommended; (2) advertising substantiation: concerning the requirement that advertisers have a “reasonable basis” for their claims, applying current law to small advertisers is recommended; (3) spam: current law does not create a threshold for those who send a few commercial emails, but such a threshold is worth considering; (4) political blogging: the author agrees with the US Federal Election Commission decision to create a major exemption from campaign finance laws for online political advocacy, even for large blogs or websites. The common theme among these recommendations is to describe the sort of harm that existing law seeks to reduce. The approach here next looks at how the use of personal mainframes affects creation of those harms. Where the sorts of harm are likely to be created by consumers-as-producers, the analysis tilts towards requiring compliance. Where the sorts of harms are unlikely to be caused by consumers-as-producers, then the case for an exception is stronger.

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.     

The Country-of-Origin Effect and Consumer Attitudes to “Buy Local” Campaign

Abstract

The objective of this paper is to investigate the relationship between ethnocentrism of Ghanaian consumers and their attitudes toward a “buy local” campaign. Two hundred and thirty three consumers were interviewed in Cape Coast, the capital city and administrative centre of the Central region of Ghana. Data for the study were collected through interviewing using the mall intercept approach and factor analysed. Our findings show a relationship between ethnocentrism and attitudes of Ghanaian consumers toward the “buy local” campaign. Furthermore, the factor analysis results indicate that the attitudes of the Ghanaian consumers to the buy locally-made products can be characterized as protectionist, nationalistic, and self-interest. Implicitly, the consumers will buy Ghanaian-made products where they are of comparable quality and price as foreign-made products. This requires companies to ensure that their products are of high quality and prices are commensurate with quality. This study contributes to the ethnocentrism and country of origin literature pertaining to the African region, which is sorely under-researched.     

“New and old”: Consumer evaluations of co-branding between new brands and Chinese time-honored brands

Nowadays, rejuvenation of Chinese time-honored brands, a symbol of Chinese traditional culture, is manifested in their co-branding with new brands. With focus on sincerity and excitement, two fundamental dimensions of brand personality, the authors explore this co-branding strategy which remains unexplored by the extant literature. Based on the integration of brand personality and Stereotype Content Model, a new mechanism is constructed from the perspective of consumers, with brand admiration being the underlying mechanism, as well as product category—hedonic vs. utilitarian—being a boundary condition. Through three experimental studies, the results show that the exciting (vs. sincere) personality of new brands increases consumers’ admiration for both allied brands, which in turn enhances co-branding evaluations, and that the advantage of the exciting personality holds for the hedonic co-branded product, but disappears for the utilitarian one. The research contributes to the co-branding literature and provides implications for brand partner selection and co-branded product design.     

Stakeholders’ Influence and Contribution to Social Standards Development: The Case of Multiple Stakeholder Approach to ISO 26000 Development

We present an empirical investigation on how multiple stakeholders can influence and contribute to a standard development process. Based on the analysis of comments submitted by stakeholders developing ISO 26000 standard for social responsibility, we found no significant differences between the ratio of accepted and non-accepted comments among various stakeholder groups; however, we conclude that industry is the most influential stakeholder due to the volume of the comments. We also present a set of processes that stakeholders follow to influence and contribute to standards development, namely to (1) eliminate issues that are controversial and undesirable; (2) link and integrate the standard into a network of other documents and ISO standards; (3) seek consensus by highlighting areas for further dialogue or by addressing their exclusion from the standards development, (4) reinforce issues that are important; and (5) improve the content of the new standard. In conclusion, we provide a set of propositions about multi-stakeholder standards development and compare multi-stakeholder involvement in standards developed through a new committee established in existing standards setting organization [i.e., Committees within the International Organization for Standardization (ISO)] and through new standards setting organizations established for one specific task (i.e., Forest Stewardship Council). We envisage that our study will be a useful platform to monitor and evaluate future developments of ISO 26000 and other multi-stakeholder standards.     

Getting Closer to the Consumer – How Nivea Co-Creates New Products

Co-creation has become a prevalent approach taken by innovation leaders to excel in innovation management and complement internal R & D activities. In this article the authors will introduce the cocreation process at Nivea and describe how Nivea co-developed a new deodorant with consumers. The focus will be on two different co-creation tools — the netnography method geared to gain consumer insights from social media and an online co-creation session to evaluate and further enrich ideas.     

The Phenomenon of “Consumer Insolvency Tourism” and its Challenges to European Legislation

Consumer insolvency tourism, i.e., the relocation of over-indebted natural persons into a Member State granting a more favourable discharge regime from personal debt than the home country, has been focused by media as well as by legal practitioners quite intensively lately. Conflicts arise not only in distinguishing genuine and fictional relocations of the centre of main interest (COMI), but also between the effect of discharge and creditor's perspectives who did not take into account the possibility of considerably more debtor-friendly discharge facilities abroad when issuing the credit. While relocating a corporate COMI to another Member State providing better restructuring conditions will generally benefit both creditor and debtor, the effect of discharge in consumer insolvency procedures leads to less balanced results. It is not controversial that the current practice is in accordance with the wording of the European Insolvency Regulation (EIR). However, little research has been done so far on the question whether the phenomenon itself has been endorsed by the EIR. Even if consumer insolvency tourism is generally not regarded as an abuse of the EIR or of European freedoms, it may still not respect the interests of both debtors and creditors appropriately. With regard to the prospective revision of the EIR, this paper proposes different approaches to balance the interests of debtors and creditors by normative means.     

Situating ‘Giving Voice to Values’: A Metatheoretical Evaluation of a New Approach to Business Ethics

The evaluation of new theories and pedagogical approaches to business ethics is an essential task for ethicists. This is true not only for empirical and applied evaluation but also for metatheoretical evaluation. However, while there is increasing interest in the practical utility and empirical testing of ethical theories, there has been little systematic evaluation of how new theories relate to existing ones or what novel conceptual characteristics they might contribute. This paper aims to address this lack by discussing the role of metatheorising in assessing new approaches to ethics. The approach is illustrated through evaluating a new pedagogy and curriculum for ethics education called Giving Voice to Values (GVV). Our method involves identifying a number of metatheoretical lenses from existing reviews of ethical theories and applying these to examine GVV’s conceptual elements. Although GVV has been explicitly presented as a pedagogy and teaching curriculum, we argue that it has the potential to contribute significantly to the development of ethical theory. We discuss the general implications of this metatheoretical method of evaluation for new approaches to business ethics and for GVV and its future development.     

Amending China’s Notion of a “Consumer”: Lessons from Comparative Analysis of the PRC Consumer Protection Law

Who does the law treat as a “consumer” and why does it matter? How should China’s notion of a “consumer” best be articulated within the law and applied in practice? This article will attempt to answer these intriguing questions by first focusing on the approach taken to define a “consumer” in China’s Law on the Protection of Consumer Rights and Interests before examining the legal notion of a “consumer” in comparative perspective, in order to further understand the competing rationales behind the consumer protection law. This article will explore this Chinese definition of a “consumer” to propose how China’s vague and unworkable statutory definition of a ‘consumer’ should be amended in future.

     

Ethnocentrism and Its Effect on the Chinese Consumer: A Threat to Foreign Goods?

This study examines ethnocentric tendencies including consumer ethnocentrism, country of origin, product judgments, willingness to buy, and animosity toward foreign products among a sample of economically progressive Chinese college students in a coastal port city in northern China. Survey results suggest that these Chinese consumers held a rather positive view of, and little animosity toward, the United States. They also did not show high levels of ethnocentrism or country-of-origin effects. These results would suggest openness toward foreign products. While Chinese consumers report little animosity or ethnocentric tendencies toward U.S. products, animosity, country of origin, and ethnocentrism are significantly correlated with willingness to buy. This suggests managers need to carefully position foreign products with respect to Chinese consumer expectations. Impacts of traditional collectivist views of the Chinese culture are suggested as an avenue for future research with respect to ethnocentrism and willingness to buy foreign products.     

Advertisement Disclaimer Speed and Corporate Social Responsibility: “Costs” to Consumer Comprehension and Effects on Brand Trust and Purchase Intention

It is not uncommon for advertisers to present required product disclaimers quickly at the end of advertisements. We show that fast disclaimers greatly reduce consumer comprehension of product risks and benefits, creating implications for social responsibility. In addition, across two studies, we found that disclaimer speed and brand familiarity interact to predict brand trust and purchase intention, and that brand trust mediated the interactive effect of brand familiarity and disclaimer speed on purchase intention. Our results indicate that fast disclaimers actually reduce brand trust and purchase intention for unfamiliar brands, suggesting that there are both economic and social responsibility reasons to use less rapid disclaimers for unfamiliar brands. Conversely, disclaimer speed had no negative effects on brand trust and purchase intention for highly familiar brands, presenting ethical tensions between economic interests (e.g., an efficient use of advertisement time) and social responsibility. We discuss the implications of our framework for advertising ethics, for corporate social performance, and for corporate social responsibility.     

Agreement Between Product Ratings Generated by Different Consumer Testing Organizations: A Statistical Comparison of Consumer Reports and Which? from 1957 to 1986

This study attempts to determine the reliability of product quality ratings published in Consumer Reports and its British counterpart, Which?, over the last 30 years. Ratings on the same product brands and models as well as the same evaluative dimensions are compared by statistically analyzing the report findings for 43 pairs of parallel tests conducted by the two magazines. Three measures of agreement were employed in this analysis, and all three revealed statistically significant (above chance) levels of agreement between the two magazines. Implications of the study findings are discussed for consumer testing organizations as well as for consumer researchers and consumer educators.     

Consuming the Self: New Age Spirituality as “Social Product” in Consumer Society

In the late twentieth century there has been a proliferation, diversification and popularisation of New Age spiritual discourses and practices in Western industrialised nations. New Age spiritual thinkers such a Deepak Chopra, Ken Wilber, Gary Zukav and Shakti Gawain, have modified discourse and practices from Eastern and Western traditional religious beliefs, Western science and psychotherapy, to develop their own discourse and practices designed to assist individuals “transform” themselves. This article discusses the “commodified production of self‐actualisation” in consumer society and discusses how the discourses and practices in selected texts from four New Age spiritual thinkers take the form of an ever‐changing “social product”. The analysis shows how the discourse and practices of New Age spiritual thinkers align themselves with consumptive behaviour by secularising, homogenising and over‐simplifying scientific, social scientific and traditional religious discourse and practices into “social products” for consumption. The analysis also reveals that New Age spiritual thinkers are engaged in a process that could be described as the “consumption of the self”. The implications of the “consumption of the self” will be discussed in terms of the way consumer society requires New Age “technologies of the self” to be continually redefined, restructured and repackaged in new and different forms.     

Correction to: Reading a Duty to Provide Accessible Pre‑Contractual Information for Consumers with Disabilities into EU Consumer Protection Law

Journal of Consumer Policy -